Also known as: domestic fixture · fixtures · household fixtures
Written by attorneys · grounded in primary & secondary sources — see below
A category of tenant-installed items that become affixed to leased premises for personal or household purposes.
Select any source to read its text and confirm it supports the definition.
Dolores Diaz leased an apartment and installed custom wooden shelving units to display her book collection. At the end of the lease she detached the units without damaging the walls. The landlord claimed the shelving as part of the realty, but because the items qualified as domestic fixtures Diaz retained the right to take them.
Damian Decker installed decorative mirrors and towel racks in his rented home for daily personal use. When he moved out the landlord asserted ownership under the mortgage. Because the items were domestic fixtures Decker could remove them without breaching the lease.
Dustin Donovan installed window treatments and light sconces in his apartment to make the space livable. After an eviction proceeding the court ordered him to vacate but permitted removal of the domestic fixtures he had added for personal comfort.
Deborah Dunn placed custom artwork mounts and decorative planters throughout her condominium unit. The association claimed the items became part of the common elements. Because they were domestic fixtures Dunn could take them when she sold the unit.
Diana Delgado mounted framed family photographs and hanging planters on the walls of her leased apartment. When the landlord permitted cable installation that risked the items, Delgado established that the domestic fixtures remained her personal property subject to removal.
Davenport Pharmaceuticals leased laboratory space where employees installed personal ergonomic chairs and storage units. When the government condemned the building the owner sought compensation for the domestic fixtures, yet the tenant retained the right to reclaim them before the taking.
Domestic fixtures are items a tenant installs for personal or household use, such as ornamental decorations, while trade fixtures serve business purposes. The distinction affects removability at lease end.
A tenant may remove domestic fixtures when the lease ends provided removal causes no substantial damage to the premises. Courts focus on the tenant's intent and the nature of the items.
Domestic fixtures remain personal property of the tenant even when affixed, so a mortgage on the real property does not automatically encumber them unless a fixture filing perfects a security interest.
…"the State may proscribe a trespass action by landlords generally against a cable TV company which places a cable and other fixtures on the roof of any landlord's building, in order to protect the right of the tenants of rental property, who will ultimately have to pay any charge a landlord is permitted to collect from…