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Does a Hot Tub Become the Landlord's Property

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  • 08-03-2011, 01:21 PM
    bcdudley
    Does a Hot Tub Become the Landlord's Property
    My question involves landlord-tenant law in the State of: TX

    I am moving out of a rental house next week into a house I am purchasing. I am having lots of issues with the landlord (See my other thread from today). An issue that just came up is my Hot tub.

    About 2 months ago, I traded a guy from Craigslist my atv for a hot tub. The value is around $1500. It is not an in-ground unit, but rather one that sits on a flat structure and is semi portable. It does require a 240v, 40 amp connection. It is currently sitting on the back patio. I installed the tub and the wiring myself(with the landlords blessing). Both the landlord and I have electrical experience, so it was no big deal. The electrical wire cost over $200 and runs from a sub panel to the tub in pvc conduit along the outside of the house and through the attic for a very short distance.

    Last night, I was draining the tub and starting to disconnect the wiring. The landlord came over and asked me what I was doing. I told him I was getting ready to move it and removing the wiring for it. He told me that I have to leave the hot tub and wiring. That he considers it an upgrade to the property. If I remove it, he will call the police for theft.

    There is nothing in the lease about a hot tub since it was not there 4 years ago when I signed. My wife needs the hot tub for medical reasons. It it my opinion that this is no more his property than my washing machine or any other appliance would be. He says that since I wired it up with a hard connection instead of a plug, that it stays. I have disconnected the wiring as of last night, but he has it blocked in with his cars now according to the phone call I just got from my wife.

    He said he intends to sale the hot tub as soon as we move out and he already has a buyer for it.

    I do have equipment to physically remove his cars from the path, but that is a different issue all together.

    So my question is, does the hot tub belong to me or him.
  • 08-03-2011, 01:51 PM
    LawResearcherMissy
    Re: Hot Tub
    Quote:

    So my question is, does the hot tub belong to me or him.
    Unless your lease specifies that an installed hot tub becomes part of the property, it is yours.

    Can you prove where it came from? (Emails between you and the person you got it from? Receipt?) Tell your landlord to go ahead and call the police. They'll tell him it's a civil matter, and tell him that if he wants the hot tub, he'll have to sue you for it.
  • 08-03-2011, 02:12 PM
    bcdudley
    Re: Hot Tub
    All I have are text messages on my phone for proof. I have a mover scheduled to come out and help me move it next week. If he tries to block it in, would I call the police? Won't they just tell me it is a civil matter and to sue him for it?

    Thank you for the response.
  • 08-03-2011, 02:28 PM
    LawResearcherMissy
    Re: Hot Tub
    They can (and probably will) make him move his vehicles once you show them the messages.
  • 08-03-2011, 02:36 PM
    bcdudley
    Re: Hot Tub
    Ok, thank you.
  • 08-04-2011, 11:14 AM
    Mr. Knowitall
    Re: Hot Tub
    These cases usually arise in commercial contexts, in which a landlord attempts to claim that some item installed by the tenant has become part of the real estate and the tenant responds that they're trade fixtures, installed as a necessary part of their business and removable without material or permanent injury to the landlord's property. I expect from what you have stated so far that a court would ultimately side with you - that this is a removable item of personalty - but it falls on you to restore the property to its original condition.

    Keep records, and get as much as you can in writing. I can think of little evidence that would be more compelling, that this is personal property, easily removed, than the landlord's expression that he intends to remove it and sell it himself the moment you leave.
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