I’m in Florida….I rented a lot for 17 years…no lease agreement….i had a chain link fence installed around my home….now the landlord won’t let me take the fence…he says it’s property improvement….is this legal?

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Asked on September 30, 2017 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, your landlord is correct. First of all, an "improvement" regarding real property is any permanent structure on the property which increases its value. In real estate law, an improvment goes with the property. In the case of a rental, an improvement such a the installation of a chain link fence by a tenant becomes the property of the landlord/owner. It is not the tenant's personal property. Perhaps, you can get your landlord to reimbusre for a portion of the cost of installation.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, your landlord is correct. First of all, an "improvement" regarding real property is any permanent structure on the property which increases its value. In real estate law, an improvment goes with the property. In the case of a rental, an improvement such a the installation of a chain link fence by a tenant becomes the property of the landlord/owner. It is not the tenant's personal property. Perhaps, you can get your landlord to reimbusre for a portion of the cost of installation.


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