A residential tenant installs a cook range requiring cabinet modifications. When may the tenant remove these items?

Prepare for the South Dakota Real Estate Test. Ace your exam with flashcards and multiple choice questions. Each question is supported with hints and explanations to help you succeed!

The correct reasoning for the chosen answer revolves around the concept of tenant improvements and the relationship between tenants and landlords. A tenant may install modifications, such as a cook range that requires changes to cabinets, but the rights regarding the removal of these installed items are often dependent on the agreement with the landlord.

When the landlord agrees, the tenant can remove the modifications. This situation reflects the principle that any alterations to a rental property should ideally have the consent of the property owner to avoid disputes at the end of the rental term.

In circumstances where a tenant makes improvements without consent, or if there is a lack of clarity in the rental agreement, the tenant may not have the right to remove those items, as they could become fixtures associated with the property.

The other choices do not accurately capture the nuance of tenant rights relative to property modifications. Stating that a tenant can never remove installed items overlooks the potential for agreement between parties. Suggesting that removal is acceptable anytime before moving out ignores the landlord's authority over the property. Lastly, tying removal to a specific timeframe, such as after one year, does not align with the practicalities of landlord-tenant law, which emphasizes mutual consent over arbitrary timelines.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy