QUESTION
Can a person who is evicted remove all door knobs and appliances legally or would this be considered theft?
Asked on Jul 07th, 2012 on Foreclosures - Florida
More details to this question:
Foreclosed person removed all door knobs, shower head faucets and appliances. Can this person be brought up on charges of theft?
6 ANSWERS
3 Awards
Does removal appliances constitute theft? Generally speaking, fixtures that would cause damage to the property through their removal cannot be removed from a home. Did the appliances belong to the renter/prior owner? If so, it is a more challenging case to prove and it may depend on the real estate sales contract. If you are speaking of a short sale purchase, for example, you may have a hard time successfully bringing a case unless the contract was explicit. If you are speaking of a renter who took these items when their agreement expired, and the items belonged to you, I see a strong case for theft.
Answered on Aug 06th, 2012 at 9:33 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
at
Austin Hirschhorn, P.C.
Update Your Profile
A person who is evicted from a home which has been foreclosed upon would be entitled to remove the personal property that they own from the premises. Things like door knobs, shower heads, and faucets are usually considered to be attachments to the property and not the personal property of the person being evicted because the things they replaced were attached to the property before the person who was evicted took possession. Appliances, if they are not built in, would be considered to be the personal property of the person being evicted and he or she would be entitled to remove them from the premises.
Answered on Aug 03rd, 2012 at 11:28 PM
Construction Attorney serving Bloomfield Hills, MI
at
Law Offices of Jeffrey Z. Dworin
Update Your Profile
First, do you own or rent the home. If you rent, then removing anything is larceny and many landlords file criminal charges in these cases. if you own the home, you can remove personal property, not fixtures. In other words you could take non-built in appliances (refrigerator, slide in stove, but not dishwasher), but not the doorknobs.
Answered on Aug 03rd, 2012 at 3:22 PM
Real Estate Attorney serving South Jordan, UT
at
James T. Dunn P.C.
Update Your Profile
Prior to the sale, the owner of the property is not a tenant. They are the owner and "own" the hardware and fixtures, etc. It is not theft to take what is yours. After the sale, the property belongs to another and to remove after the sale would be theft. Seriously though, are you that hard up that you will take the time to remove hardware? Legality and morality are 2 different things.
Answered on Aug 03rd, 2012 at 11:32 AM
1 Award
Yes, they can. They are not permitted to remove fixtures (door knobs, shower heads, built-in appliances, etc.,). But, trying to get the overworked and understaffed District Attorney's office to bring criminal charges will be the hard part.
Answered on Aug 03rd, 2012 at 11:16 AM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
I suppose the person could be prosecuted for theft. But that is unlikely.
Answered on Aug 03rd, 2012 at 11:10 AM