Q: Do I own the improvements that my tenant has made to a backyard space without my permission?
This is suppose to be shared space with another tenant. Tenant who did improvements is essentially staking his claim to the yard. He added furniture, a fire pit, plants, pavers, mulch, etc. Do these belong to me? How do I handle this in regards to other tenant's rights?
A:
This is an opportunity to make decisions affecting how you will manage this property going forward. It starts with a well-drafted lease. Unless you formally evict this tenant of course, the tenant has the right to quite enjoyment of the property. So "own" is not the right word in the sense that you can just walk back there and take up the pavers and bring them to your place. The furniture is - presumably - moveable, and so the tenant certainly owns that. Now, what happens to the landscaping when the tenant moves out? Unless specifically addressed in the lease, I think if the tenant wants to take everything, they could be liable for damages to restore the yard to how it was originally. If they decide just to leave everything in place, then I guess you benefit from what is hopefully an improvement.
The shared space situation poses an additional wrinkle. Is that tenant complaining? Is the one tenant refusing to allow the other tenant access to the space or furniture? If they are sharing without issue, perhaps it's best not to rock the boat. If there is an issue, then you need to address with both tenants that this is shared space and whatever is back there is to be shared. If the one tenant doesn't want the other tenant to use the furniture then that furniture needs to go someplace else.
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