What is law on drapes when buying home?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is law on drapes when buying home?
Seller has removed drapes from some windows and replaced on other windows with cheap panels. They are renting back the house for 2 weeks and we luckily got security deposit. Are we justified to not refund some of deposit to replace curtains? They are saying curtains are personal property and it’s a gray area. From what I’ve researched, it seems they should have been excluded from the purchase agreement. In addition, as they were still in home during final inspection and rental inspection, they have basically stolen the blinds (as our renters). They won’t return them. What are we legally allowed to do?
Asked on January 8, 2012 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What you are really asking is what is the law on fixtures and that need to be answered by an attorney in your local area as each state's guidelines differ. Generally speaking, if the drapes can be removed or slid off the rods then they are not considered to be fixtures. The rods, though, are considered to be fixtures as they can not be removed with out doing damage and they are permanently attached. The blinds, though, can be considered fixtures. If they took the blinds then deduct the cost of replacement from the security deposit. Good luck.
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 AttorneyPages.com 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.