What is law on drapes when buying home?

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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 10 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.


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