As a former tenant, can I take my fencing, poles, locks, gates down and sale them?

UPDATED: Feb 29, 2012

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As a former tenant, can I take my fencing, poles, locks, gates down and sale them?

We rented a building and the land with it. We built an impound lot to state specs (very costly); after 8 months in business we are closing the doors. Our landlord says the lot is now hisand it is illegal to take it down. He has a renter lined to rent the lot only. We have every receipt and we put in the labor. We want to be paid for the impound lot or tear it down and sell the supplies to help up out.

Asked on February 29, 2012 under Real Estate Law, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The way to answer your question is to carefully read the presumed written lease that you have for this commercial property. If the written lease states that all improvement placed on the rental by the tenant is the landlord's, then it belongs to the landlord.

If the lease is silent as to this issue, then the improvements belong to you the tenant.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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