New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-04-24
MY MLIINE.

Nav day vexes many "A teuant with the qucs-
ton: Have the right to remove everything
have brought in An old view was that What
ever was fastened in any permanent way To the
land or to the building became the property oi
the land owner; the person who hNcd IL "aS
considered as making present. ana c"uld NOT
resume it, And such rule still prevails II
other persons than tenants are concerned
man who should sell house fitted with chan
dclicrs or range, without saying IN hiS d'ed
that he might take them away, would nave
difficulty in retaining them. But toward
tenants the rule is very liberal. There has been
during recent years n steady growth of their
urivilcpes. The courts have realized that
tenants cannot bc expected To hire buildings or
APARTMENTS. and fit them mp with what they re-
ouirc if the old fashioned rule treating every
Thing firmly fastened to the real property n a
rift to the landlord were enforced. And the
change is advantageous To landlords rs well as
70 tenants; for if good degree Of Liberty in
this respect were not allowed the l''thG "i
nrc,n;scs for short terms would be greatly hin
lcrcd. The more prudent tenants consider tins
matter when they move into building ana
plan their fixtures that the intent to carry
them away shall he clear, and the dong 80
easy: or they take the prccaution. II any doubt
is auticipatcd to stipnlatc with the landlord be-
forehand. But even the more short-sighted
man. who takes no thought on the subject until
the time comes for moving out, will have liberal
| support from the law in carrying away almost
everything which he brought in.
To speak briefly, 10y way of Illustration, of
few articles in common use. Ordinary gas
fixtures chandeliers. brackets. etc, have often
been questioned, with the general result OF al
| lowing the teuant to remove them freely, not
| withstanding they are screwed and cenented to
the gas-pipcs. A heater, portable furnace. OF
range. being Of n character to he useful else
where, may I've removed but to make sure of
ones right, il is well not to build them too per
manently; one may not tear the house to
| peces. There is but little doubt that a door
bell or knockcr, ordinary locks and keys, wood
carpetng, in short any of the hundred things a
tenant of dwelling house or apartments is
| likely 10 bring in for ornament or comfort, may,
| under the most recent DECISIONS be removed
nrovided he seems to have intended a removal.
His right is TO carry ont his original and appa-
rent intention not to change his mind and
take away what. originally, he gave perma-
nently. A tenant who should fresco walls and
ceilings. and afterward, out of spite, should
scrape the pictures off rather than allow the
landlord to have the benefit, would be made to
nav damages. Questions more complex arise
over buildings hired for business uses. Steam
boilers, machinery of all kinds, shop counters
and shelving, mills and stills, saving and plan
ing apparatus, and hundred other like struc-
! lures, have been discussed. Even Independent
buildings, which in antique decisions were al
WAYS deemed TO belong to the land, have often
in late years been allowed to be removed by
tenants. The general guide is the intention
! manifested 10y the circumstances. If the char
acter of the thing and the way in which it is
erected indicate temporary use and purpose
| Of removal. it may be removed.
| Two points are important. The tenants right
| of removal expires with his hiring, This year
he will have until noon of Monday, May 2.
! The explanations lately given in THE TRIBUNE
that tenants are not compellable to remove on
Sunday, apply to removing fixtures. Indeed it
is general rule that if the last day for eIercs-
! ing ones privilege falls on a Sunday, Sunday is
| not counted, but the individual has Monday in
| stead. Grace ON notes is IN exception ~ the