Millheim Journal. [volume] (Millheim, Pa.) 1876-1984, 1881-06-02
what 10 Tenant May Remove.

Tenants Of an improving disposition are
often deferred from making their homes as
comfortable as they could desire and are
able TO make them for fear of benefiting
their landlords or successors more than
themselves. Painting, papering and re.
pairing OF the house and Improvements of
the grounds are obviously of a permanent
nature and cannot benefit any one but the
occupant of the premises. Should tenant
see fit TO incur expense for these things he
can CLAIM no recompense, If, at the explra-
ton of the lease, he Is unwilling or unable
to renew it. There are, however, many
improvements that formerly would have
been held To insure TO the benefit of the
landlord, but which more modern decisions
permit the tenant 10 take up and carry
away with his other household goods
The old law and judicial construction
favored land and land owners, and every
thing that was directly or constructively
attached TO the soil was held to belong to
the owner Of the fee and not removable by
the tenant though placed there by him
solely for his own convenience. Although
the law has been little changed in this
respect the views Of judges have been prac-
tically reversed. The tendency of all
recent decisions Is TO allow a tenant to re-
move everything removable which he adds
TO the tenancy, unless he himself intended
it TO be permanent. Houses are usually
considered as realty, and everything attach
ed, as porches, window blinds and sashes,
water spouts and lightning-rods, go with
them. The gas pipes which convey the
gas from the street and distribute ii
throughout the house are in the same
category, but the gas fixtures, though
screwed and cemented 10 the gas fittings,
are held TO be of the same nature as the
old-fashioned candlesticks, and, therefore,
personal property. This has long been
held to be the law as regards tenants
They may put what gas fixtures they please
in house and take them away again with
their kerosene lamps and other Illuminating
apparatus. Recently Judge Thayer de
clded that this was good law for the land
lord as well as for the tenant, and that
therefore the gas fixtures do not necessarily
pass with the sale of the house, nor are
they covered by q mortgage ON the realty.
AS general rule, whatever a tenant
puts into a dwelling or erects on the
premises for his own comfort. without the
intention TO permanently annex it, he may
ren owe at any time before the expiration
OF his lease. This would include such
things as cupboards, shelves, coalbins, and
even stairway has been held to be within
Il e rule. All trade fixtures and temporary
structures, whether frame or brick, and
without regard to their size, may be taken
down anI carried off by the tenant who
erected them. Even a dwelling house is
not a part of the realty if the right to re-
move 1t is reserved. All the landlord can
legitimate demand is to have his property
restored to his possession in as good order
as it was received by the tenant, ordinary
wear and tear excepted. Whatever the
tenant put in of a movable nature he may
take away, but his carpenter work must
no. injure or permanently alter the prop
erty. All the decisions concur that these
removals of improvements and fixtures
must be made within the term of the lease.
If the tenant waits till his lease b. exp red
the land and all that is ON 1t except the
purely personal property of the tenant re-
verts to the landlord.