But two general points:
(1) At law, generally "fixtures" become part of the real estate when they are installed. A fixture is anything that is permanently affixed to the property, including counter tops, light fixtures, plumbing, sinks, toilets, shutters, flooring. So, if a tenant "imrpoves" a rental property by installing his own toilet into an apartment, he cannot legally rip it out and take it with him when he leaves. The property, together with all improvements, reverts to the landlord on termination of the tenancy.
(2) The whole idea of your agreement was that you would rent the apartment to him at a reduced rent in consideration of the improvements that he was making to it. In other words, making those improvements was part of the rent that he owed to you. If he wants to take his improvements with him, then that is just that much more money that he owes to you.
Next time you do this, to avoid confusion, you should have a written rental agreement that specifies the nature of the compensation. In other words, the rental agreement should state:
"Rent is $650 monthly. $300 to be paid in cash, in advance, payable on the first of each month. The remaining $350 is to be paid either in cash, or by making the following improvements to the apartment, which both parties hereby stipulate and agree shall have the following values: . . . . . . . . . . ."
Better still, keep the transactions totally separate. He pays you $650 per month, and you pay him for the work inside the apartment, as it is completed.
As for this problem, you have two alternatives:
(1) Try to persuade him not to remove the improvements, and threaten to sue him in small claims court for the value of the improvements if he does remove them. It might help if you had a lawyer speak with him and try to make him understand what the law is, and perhaps draft an educational letter to him on the attorney's letterhead.
(2) If the value of the improvements makes it worth it, hire a lawyer now and have him seek a court order preventing this man from tearing out the improvements or otherwise damaging the apartment before he leaves.
No. Items attached to the property become part of the property. Were similar items in the unit when he rented? Obviously not the same ones if he changed them out, but if there was a sink, countertop, and vanity, he needs to leave them when he leaves. Otherwise, you can charge him for damages to replace them (again).
You can have your lawyer send him a letter stating that any and all improvements attached to the property are yours and you will use civil and possible criminal process to ensure they remain where they are.
-It would depend on the laws of the state. There are courses on landlord/tenant rights and responsibilities. Talk to a lawyer who knows about those things.
No he cannot. These are now fixtures of the house, and thusly belong to you from the moment they were installed.
doofis....rent to people that can pay...hire a dude to fix stuff..get 600 for rent pay a guy 200 per month to fix stuff...saving pennies wasting dollars
Sounds like you dont even understand your own rental or lease agreement. Uh oh!
I rent a property and the tenant had a month-to-month rental agreement that stated the tenant would pay $300 a month and fix up the property, hence the low rent. I'm having to put them out for non-payment of rent and he claims he can take his improvements with him or I should pay him for them. For example he installed a new kitchen sink and countertop, and new bathroom vanity. Can he legally uninstall these things?
