A fixture is an item that used to be movable but has been attached to a property so it’s treated as part of the real estate.
Fixtures usually transfer with a sale and can’t be removed by tenants at lease end (except trade fixtures). Knowing what counts avoids surprise removals, closing delays, and disputes over value and possession.
Real property (fixtures) is anything permanently attached to the land or building so it’s considered part of the real estate. Personal property is movable—things the owner can take when they leave. The default rule: attached + intended to stay = fixture; freestanding + intended to go = personal property.
How firmly is the item attached? Screwed, bolted, or cemented in favors fixture classification; simply leaned or sat on a surface favors personal property.
If the item was made or modified to fit the space (custom shelving, built‑in seating), it points to a fixture because it enhances the property uniquely.
The installer’s or owner’s apparent intention matters most. If they meant the item to be permanent, courts often call it a fixture. Written agreements override this test.
Trade fixtures are items a commercial tenant installs to run their business—display racks, ovens in a restaurant, signage, or specialized machinery. They remain tenant property if removed before lease end.
Tenants can generally remove trade fixtures, but they must repair damage caused by removal and remove items before lease termination (or lose rights to them). If left behind, the landlord may claim them as abandoned fixtures.
Leases should list permitted trade fixtures and restoration obligations. In a sale of commercial property, clearly identify which items are included and which are tenant‑owned trade fixtures to avoid disputes.
Listings should explicitly state “included” or “excluded” for borderline items (e.g., “washer/dryer included” or “chandelier excluded”). Ambiguity invites conflict at closing or move‑out.
Put an “Inclusions/Exclusions” section in the purchase contract or lease addendum. Be specific—brand/model/serial numbers where practical—and attach photos or inventory lists as exhibits.
Leases should specify whether tenant‑installed fixtures become landlord property, whether trade fixtures can be removed, and repair obligations on removal. Include timelines for removal and restoration.
During inspection, photograph all fixtures and suspect items, tag any items the parties agree are excluded, and record serial numbers for appliances. Attach the photo inventory to the contract or lease.
If something is taken before closing, promptly notify the agent and buyer; consider a walk‑through demand, holdback of funds in escrow, or an immediate fix‑or‑replace agreement. Document everything with photos and written notices.
Tenants should remove permitted trade fixtures and repair damage, return keys, and complete a photo‑documented move‑out checklist. Landlords should inspect promptly, compare to move‑in photos, and itemize deductions if damage or unauthorized removals occurred.
Create a photo inventory at listing, move‑in, and move‑out. Attach written lists of included/excluded items as contract exhibits or lease addenda. The clearer the documentation, the easier the resolution.
Use short, specific clauses such as:
Have both parties sign and date any addendum listing included/excluded items. For high‑value items, consider witness signatures or notarization and keep copies with the main contract.
Contracts often allow damages for wrongful removal or require replacement (specific performance). Remedies can include escrow holdbacks or price adjustments agreed before closing.
For modest losses, file in small claims court. For high‑value items, property damage, or complex disputes, consult an attorney—especially when contract language is ambiguous or escrowed funds are involved.
Photos (before/after), signed contract clauses, listing language, inspection reports, receipts, serial numbers, and witness statements are the strongest evidence.
Appraisers count permanent fixtures (HVAC, built‑ins, finished landscaping) in the real property value. Freestanding personal property typically isn’t part of the appraisal unless it’s included in the sale price and documented in the contract.
Lenders rely on appraisals to secure mortgages. Lenders expect collateral (the property) to include fixtures; large personal property items included in the sale may need separate documentation or be excluded from financed amounts.
States and local courts apply the tests differently and local customs (what agents usually include/exclude) shape expectations. Case law in your jurisdiction can set surprising precedents for certain items.
Check state real estate commission guidance, local bar association FAQs, sample contract templates used in your area, and recent court decisions. Ask your agent or attorney for jurisdiction‑specific guidance.
1) Buyer’s final walkthrough: chandelier is gone; wiring exposed. 2) Buyer photographs the condition and contacts their agent immediately. 3) Agent reviews the contract’s inclusions/exclusions section—no exclusion listed. 4) Buyer’s agent notifies seller’s agent in writing, demands replacement or monetary credit, and requests escrow holdback. 5) Seller claims they removed it mistakenly; offers to replace. 6) Buyer accepts replacement or receives agreed credit; closing proceeds with replacement or escrow agreement to ensure completion.
Seller: Should have listed chandelier as excluded if intended to remove. Buyer: Should have done a thorough final walkthrough earlier. Agents: Should have ensured inclusions/exclusions were expressly documented and communicated to clients.
Do a final walkthrough early, document items in the contract, photograph everything, and insist on written agreement for any removal or replacement. If a dispute arises, preserve evidence and use escrow holdbacks or immediate written remedies.
Downloadable PDF checklist available: Move‑out & Fixture Checklist (PDF)
Only if the contract or listing expressly excludes them. Otherwise, wired chandeliers and permanent window treatments are usually fixtures and should remain.
Generally yes—if they’re built‑in or plumbed/wired, they’re fixtures. Freestanding appliances are usually personal property unless the contract says otherwise.
If shelving was installed for business use (trade fixtures), tenants often can remove it if they repair damage. Residential tenant removals depend on lease terms and whether shelving is considered permanent.
List specific items in an “Exclusions” section, include photos/serials when practical, and have both parties sign an addendum attached to the contract.
It depends on contract remedies. The seller typically pays to replace or the parties agree to a credit or escrow holdback. If unauthorized removal occurred, the seller may be liable for damages.
Consult an attorney for high‑value disputes, ambiguous contract language, or if escrow remedies fail. For small claims, consider small claims court with photo and contract evidence.
Suggested word count: 1,200–1,800 words; include photos/checklist as downloadable asset and internal links to related pages (https://www.turbohome.com/glossary/contracts, https://www.turbohome.com/glossary/move-out-checklist, https://www.turbohome.com/glossary/trade-fixtures)
