Major appliances

[reyn562]

What is the name of your state (only U.S. law)? SC

Here's the situation: tenant rents a home in which landlord provides major appliances, in this case, a washer and dryer for clothing, a stove, among other things. Because the tenant did not like the quality or the color of the washer and dryer, with the landlord's consent, he replaced them with his own brand-new ones. The landlord removed the original ones he provided.

Additionally, because the tenant preferred a gas stove over the electric one provided by the landlord, with the landlord's consent, he replaced the original stove provided by the landlord, with the gas one. Once again, the landlord removed the original appliance. A gas line was constructed, leading from the stove to a gas tank provided by a gas company to which the tenant paid his own gas bill.

Now the tenant has passed away, and I am handling his estate. Under the laws of most states if the tenant makes any home improvements, with the landlord's consent, then the home improvement may not be reversed unless such a project is reversible. For example, if a ceiling fan, was installed in, let's say, a bedroom, where there was no ceiling fan in place, then that ceiling fan becomes part of the property.

But I am not sure about a major appliance that was simply replacing the one that was originally provided, especially given the fact that the landlord removed the original appliances.

 

[justalayman]

the most important point here:

was there any agreement between the tenant and LL as to whether the appliances would stay or not.

outside of that, unless the stove was a built in unit, none of the items mentioned become fixtures as they are not attached to the building in any fashion. They are no more a fixture than your vacuum cleaner is when it is plugged into the wall receptacle.

 

[sandyclaus]

What is the name of your state (only U.S. law)? SC

Here's the situation: tenant rents a home in which landlord provides major appliances, in this case, a washer and dryer for clothing, a stove, among other things. Because the tenant did not like the quality or the color of the washer and dryer, with the landlord's consent, he replaced them with his own brand-new ones. The landlord removed the original ones he provided.

Additionally, because the tenant preferred a gas stove over the electric one provided by the landlord, with the landlord's consent, he replaced the original stove provided by the landlord, with the gas one. Once again, the landlord removed the original appliance. A gas line was constructed, leading from the stove to a gas tank provided by a gas company to which the tenant paid his own gas bill.

Now the tenant has passed away, and I am handling his estate. Under the laws of most states if the tenant makes any home improvements, with the landlord's consent, then the home improvement may not be reversed unless such a project is reversible. For example, if a ceiling fan, was installed in, let's say, a bedroom, where there was no ceiling fan in place, then that ceiling fan becomes part of the property.

But I am not sure about a major appliance that was simply replacing the one that was originally provided, especially given the fact that the landlord removed the original appliances.

Since none of the appliances would become permanently affixed to the property, one could assume that they can be removed and DO NOT automatically become the property of the LL. LL chose to remove his own appliances, and to try to keep the ones that the tenant furnished for his own use would be unjust enrichment, especially because they were not permanently affixed and would likely have been removed by the tenant upon vacating the premises.

The big question is that of the installed gas line which was required in order to utilize the gas stove. Unless it was installed by a licensed plumber with the properly issued permits, and it passed inspection by the proper authorities afterwards, it's entirely possible that LL could come after the tenant's estate to reimburse him for the "damage" caused by it's installation and to remove it.

 

[xylene]

why are you phrasing this as a hypothetical?

The landlord removed the appliances and gave consent

The deceased tenant's appliances clearly belong to the estate.

The option of installing gas appliances are a benefit to the landlord. That doesn't mean the appliances belong to the landlord.

Many rentals do not include appliances...

Who are you in this situation?

 

[FarmerJ]

Since LL agreed to remove them my opinion is that if gas co is called to come out and properly disconnect the stove the gas line now belongs to the LL. washer , water valve can be turned off , hoses unscrewed dryer if its all elect 220 model , unplug it , dc the vent line and leave vent line, No big deal. propane tank , that belongs to the propane firm its rental , very rarely does anyone buy and own customer owned propane tanks any more.

 

[reyn562]

UPDATE - Landlord gets appliances

The landlord, in this case, DOES get the appliances. Why? Because the Tenant, now deceased, had the original ones removed, albeit with consent.

I am the Executor of the Estate, FYI, Xylene

 

[sandyclaus]

...Because the tenant did not like the quality or the color of the washer and dryer, with the landlord's consent, he replaced them with his own brand-new ones. The landlord removed the original ones he provided....

But you told us originally that the LL removed his own original appliances...

The landlord, in this case, DOES get the appliances. Why? Because the Tenant, now deceased, had the original ones removed, albeit with consent...

Well, heck. If we were told that the tenant removed the original appliances themselves, we would have told you that the LL would get to keep the replacements.

However, in this situation, there may be an issue of unjust enrichment, based upon the VALUE of the original appliances as opposed to the new ones. The LL would be entitled to the DEPRECIATED VALUE of the original appliances, NOT the full replacement value of the new ones. By getting brand new appliances to replace older ones, the LL gets the better deal, which wouldn't be fair.

 

[justalayman]

obviously if you are going to change the facts of the situation it could change the outcome.

since you fail to disclose accurate information and there are myriad possibilities that could change the outcome, it makes no sense to argue the point with you but I will say, even if the tenant removed the appliances, there are still situations where the landlord would not be entitled to keep the appliances.