Question: One of my tenants built a shed but left it when he moved. Do I have to keep it there? Can I take it down or sell it? A. It probably depends upon whether the shed is a “fixture” or it is “personal property.”
Answer: A fixture becomes attached to the property and would remain with the home after the tenants leave (i.e., a tenant who installs tile). Personal property remains with the tenants and they remove it when they leave (i.e. clothing or a TV). If the shed is a fixture, then it’s probably yours.
Depending on the size of the tenant shed and how it’s attached to the ground, it could be a fixture that would remain with the house after the tenant leaves.
Is tenant shed personal property?
If it’s personal property, then it belongs to the tenant and you’d need to either (1) get something in writing from the tenant stating what can be done with it, or (2) it would be considered abandoned personal property under Utah law (give a notice of abandonment and store it for 15 days before getting rid of it).
These types of situations can be tough, so if possible, it would be best to clarify with the tenants what their intentions are with the shed. If it is semi quality work, it might be worth paying the tenants something for it, or just have them come get it.
— Jeremy Shorts, ESQ Utah Eviction Law
