California Real Estate Practice Exam

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What is the presumption when a tenant attaches bookcases to the wall in an apartment?

  1. The bookcases become the property of the landlord

  2. The bookcases are considered a fixture

  3. The bookcases are personal property and can be removed by the tenant

  4. The bookcases must be left in place as part of the apartment

The correct answer is: The bookcases are personal property and can be removed by the tenant

When a tenant attaches bookcases to the wall in an apartment, it is presumed that the bookcases are personal property and can be removed by the tenant. This is because the bookcases were not originally included as part of the apartment and were brought in by the tenant. Option A is incorrect because the bookcases do not become the property of the landlord just because they are attached to the wall. Option B is incorrect because fixtures are items that are permanently attached to the property and are typically included in the sale of the property. Option D is incorrect because the bookcases are not required to be left in place as part of the apartment.

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