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If a renter bolts a cabinet to the wall, can he legally

Customer Question
If a renter bolts...

If a renter bolts a cabinet to the wall, can he legally remove it and move it with him or at the time of bolting it to the wall does it automatically become part of the structure and remain as such when he moves?

Lawyer's Assistant: What steps has the renter taken so far? Has he prepared or filed any paperwork?

He is in the process of moving out (bought his own home) and stated he plans to remove the bolted cabinet and take it with him. No paper work involved.

Lawyer's Assistant: Where is the home located?

East of Troy, Ohio on a farm.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do not know what to ask.

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
3/25/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 12,215
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

This is a good question and one that the OH courts have determined when it comes to commercial property and they would likely look to this decision for residential property as well. Generally, permanent fixtures to the home cannot be taken by the tenant. In the case of Perez Bar & Grill vs. Schneider, the court cited three elements that must be present to classify an item as a “fixture” to passes with the real estate: (1) actual attachment to the realty, (2) appropriation to the use or purposes of that part of the realty with which it is attached, and (3) the intention of the party who attached the fixture to the realty to make the fixture a permanent attachment.

This means that if the cabinet was bolted to the wall, it was used by the tenant, and if they intended to make it permanent, then it is a permanent fixture that cannot be removed. Because I don't know the exact use of this cabinet or how it was situated, I can tell you that if it was bolted to the wall, then it is likely that they cannot legally remove it because it has become a part of the structure.

What other questions did you have for me today that I can help you out with:-)?

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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