Fixture

The parties may enter into an agreement in regard to the nature of an item to be utilized with realty. Statutes confer this right in some jurisdictions, and these agreements are enforceable whenever the rights of third persons are not violated.

The terms of a lease often define the rights of a LANDLORD AND TENANT in regard to fixtures. If the lease unequivocally stipulates that the tenant has the right to remove particular articles, the fact that the removal will damage the rented premises is immaterial.

Fixtures are usually attached to rented premises for the tenant's benefit without any intention of increasing the value of the landlord's property. Generally when no agreement exists between the parties, articles annexed by the tenant may be detached by the tenant, during the term of the tenancy, provided such can be done without damaging the premises.

The law favors the tenant's position that certain articles should be regarded as personal property rather than as part of the realty. Such improvements are those made to the rented premises by a tenant for personal enjoyment and use and, therefore, should retain their character as personal property.