What course of action can a landlord take if a tenant removes items from the home that were in the home when they moved in?

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What course of action can a landlord take if a tenant removes items from the home that were in the home when they moved in?

Tenants have replaced all the appliances in the home with new appliances without the written permission of the landlord. The old appliances are no where to be found. The tenant has given their 30 day notice as well as their intent to remove the new appliances from the home.

Asked on September 7, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to carefully read the written lease (assuming there is one) between the tenant and the landlord for the subject rental in that its terms control the obligations owed as to the other in the absence of conflicting state law. Read carefully any provisions regarding repairs and appliances.

In general, the tenant probably was allowed to install new appliances in the rented unit during his or her occupancy at his or her own costs BUT was not allowed to dispose of the replaced appliances belonging to the landlord.

If the current tenant intends to terminate the lease for the unit and take the new appliances, he or she may, however the tenant is obligated for the costs of new appliances and their installation to the landlord since the appliances that were present at the lease's inception are gone.

Good luck.


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