 Storm Door (by Robert [IN]) Jun 21, 2008 2:07 PM
 Storm Door (by June [PA]) Jun 21, 2008 2:09 PM
Storm Door (by ManateeAlley [FL]) Jun 21, 2008 2:25 PM
Storm Door (by Natalie [CA]) Jun 21, 2008 2:34 PM
Storm Door (by Opinionated [NC]) Jun 21, 2008 3:52 PM
Storm Door (by Clara [MI]) Jun 21, 2008 6:21 PM
Storm Door (by Irish [MD]) Jun 21, 2008 6:54 PM
Storm Door (by RR78 [VA]) Jun 21, 2008 8:34 PM
Storm Door (by DaveS [IL]) Jun 21, 2008 9:18 PM
Storm Door (by Steve [MA]) Jun 22, 2008 3:53 AM
Storm Door (by Opinionated [NC]) Jun 22, 2008 5:37 AM
Storm Door (by kathy1032 [WI]) Jun 22, 2008 2:15 PM
Storm Door (by James [MA]) Jun 22, 2008 3:01 PM
Storm Door (by don [PA]) Jun 23, 2008 7:47 AM
Storm Door (by Robert [IN]) Posted on: Jun 21, 2008 2:07 PM
Message:
State Specific Question About: INDIANA (IN)
One of my renters is moving and said they were taking off the storm door they had installed without my permission with them. I told them it had to stay because it is now attached to my property and was installed without my knowledge. Am I right or wrong? --71.124.xx.xxx |
Storm Door (by June [PA]) Posted on: Jun 21, 2008 2:09 PM
Message:
YOU'RE RIGHT. The storm door now belongs to you. --64.12.xxx.xxx |
Storm Door (by ManateeAlley [FL]) Posted on: Jun 21, 2008 2:25 PM
Message:
Advise them if they remove your property (it is now) you will have it replaced, new, by a licensed company, including parts and labor. That total amount will be withheld from their security deposit. --71.196.xx.xxx |
Storm Door (by Natalie [CA]) Posted on: Jun 21, 2008 2:34 PM
Message:
Yes, door should stay. --71.198.xx.xx |
Storm Door (by Opinionated [NC]) Posted on: Jun 21, 2008 3:52 PM
Message:
Take picture now. File theft charges if the door is removed. --66.44.xxx.xxx |
Storm Door (by Clara [MI]) Posted on: Jun 21, 2008 6:21 PM
Message:
You might consider telling them that legally the door is yours, and you CAN file charges against them if they take it . . .
however, to avoid hard feelings, tell them that you will buy it from them for $30-$50.
Just a thought.
Good luck,
Clara --4.165.xx.xxx |
Storm Door (by Irish [MD]) Posted on: Jun 21, 2008 6:54 PM
Message:
It sounds to me like that you did not address this in your lease/rental agreement (which means you need to add a clause in future agreemnts).
I would try the bluff idea suggested by the other posters...and even deduct from the Security Deposit...and hope that the ex-tenant would not go to the effort to take the issue to court...most likely they would not...
But I will say, that if it did go to court, you would probably lose...due to this issue not being in writing... --70.16.xxx.xx |
Storm Door (by RR78 [VA]) Posted on: Jun 21, 2008 8:34 PM
Message:
Legally you are right.
But pick your fights. I myself would let them take it as long as it did not cost me or harm the property. So I would tell them as long as they are willing to patch holes and paint the doorframe to put it back to at least original condition. Or you will have to charge to do so.
I would not consider it worth it, especially if I may have to go to court for other damages after move out and this storm door issue could make me look a little unreasonable or looking to be enriched anyway I can in court.
--71.246.xxx.xxx |
Storm Door (by DaveS [IL]) Posted on: Jun 21, 2008 9:18 PM
Message:
It belongs to you and they have no right to remove it. Attachments to real estate cease to be 'personal' property and become 'real' property. Google law of fixtures. --65.54.xx.xxx |
Storm Door (by Steve [MA]) Posted on: Jun 22, 2008 3:53 AM
Message:
I concur with Clara (MI).
How come you never addressed this issue when the door was first installed? Are you just discovering the door now? --72.85.xxx.xx |
Storm Door (by Opinionated [NC]) Posted on: Jun 22, 2008 5:37 AM
Message:
Since English Common Law and almost certainly, statutory law, dictate that attachments to real estate become the property of the owner of that real estate, the rental agreement does not have to address the issue at all in order for the courts to find in behalf of the owner. Removing the door is criminal act. Having the rental agreement such would be helpful to (hopefully) create an understanding in the mind of the tenant. But it is not required. --66.226.xx.xx |
Storm Door (by kathy1032 [WI]) Posted on: Jun 22, 2008 2:15 PM
Message:
I would tell them that they HAVE to remove it and restore the frame to the original condition - fill in screw holes, repaint,etc..or the repairs will come out of deposit. It wasn't there when they moved in. I do not ALLOW storm or screen doors. If they get ripped out of the frame from the wind I would have to repair. If they get damaged from hanging on them, I would have to repair. If the screen and/or window gets wrecked, well you get the picture. NOT ALLOWED,ever. --70.126.xx.xxx |
Storm Door (by James [MA]) Posted on: Jun 22, 2008 3:01 PM
Message:
You are claiming ownership of something you did not buy. That is a difficult position to justify and you will have to prove damage in order to prevail. You will have none unless they fail to return the door frame to its previous condition. If your agreement is silent with regard to modifications, you will have to do some research to find out how your state deals with fixtures. I wouldn't rely on common law. Judges can always find a way around it to get the outcome they want. --70.19.xxx.xxx |
Storm Door (by don [PA]) Posted on: Jun 23, 2008 7:47 AM
Message:
Anything permanently attached to real estate becomes part of the real estate, no matter who bought it. --68.39.xxx.xx |
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