Landlord Tenant Disputes Over Tenant Installed Property in Washington

It is relatively common for a landlord or property manager to ask whether a tenant is allowed to, or must, remove the “fixtures” that the tenant installed at the beginning of the lease term. The question is typically asked at the time when the tenant is moving out after failing to pay the rent, but can also come up at the end of the lease term.
Often the dispute exists because the landlord wants the property to remain, but it is also not unusual for the landlord to want the tenant to remove certain items that tenant does not want to pay to remove.
This presentation addresses the different types of property installed by the tenant, and summarizes the cases in Washington, with a few examples from other states, addressing which party owns what property.
This presentation also provides a brief summary of ways the Landlord can force or try to otherwise convince the tenant to leave property behind, such as the landlord’s lien statute, RCW 60.72, UCC liens, or threats of personal liability for the individual owners of a tenant LLC or other entity.



Matt T. Adamson

Matt T. Adamson

Jameson Babbitt Stites & Lombard, PLLC

  • Member with Jameson Babbitt Stites & Lombard, PLLC in Seattle
  • Primary area of pratice is commercial litigation, with an emphasis in all areas of real estate and construction litigation
  • More than 11 years of experience with commercial landlord tenant issues, representing property managers and owners throughout the Puget Sound area
  • Named a Rising Star by Washington Law and Politics in 2011
  • Graduate, Order of the Coif, University of Utah College of Law; B.A. degree, University of Notre Dame

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