I am a landlord having a disagreement with my tenant about ownership and payment over a pet door.
When the tenant moved in, there was a small cat door in a door to the backyard. She brought a larger dog door with her and asked to have it put in; we agreed to put it in but that it had to stay when the tenant moved out. We would have never agreed to this request if the dog door wasn’t going to remain part of the door once the tenant moved out. Unfortunately this agreement was only verbal. The tenant’s lease is up in a month and has informed us that she is taking the dog door and not replacing it. We believe that due to the verbal agreement she needs to either leave the dog door intact or replace it with a new dog door. If she does not do either of these things, we feel it is within our legal right to charge her for a new dog door or charge her for a replacement door altogether.
I am interested if anyone else has encountered a similar situation and what they did of if you think the dog door is now legally ours to keep.

When the dog door was attached to the rest of the real property, it became part of the real property, and became the property of the owner of the building. It no longer belongs to the tenant.

This is true of any fixture that is attached to the house or grounds. If it requires work or tools to remove it (beyond movers picking it up and putting it on the truck), it becomes part of the real property. This includes the following:

- Anything screwed or nailed to the wall, floor, ceiling, or framing

- Porch swings attached to the building (But you might get to keep just the hooks, if the swing is held to the hook by gravity)

- Clothesline poles and swing sets embedded into the ground.

- Light fixtures that are not cord and plug connected to outlets (in the case of those hanging cord and plug lamps with hooks in the ceiling, the hooks become part of the real property, but the lamp does not, and lights held in place with hand squeeze spring clamps do not become part of the property)

- Ceiling fans

- Plumbing fixtures connected to the pipes (but not a slip-on shower hose on the tub faucet, or anything connected to a hose bib)

- A garbage disposal or a dishwasher, but not portable dishwashers, clothes washers, or clothes dryers connected to provided plumbing and vent outlets

- Electric ranges hard wired into the power panel, but not ranges cord and plug connected

- Over the range hoods, if fastened to the walls or hard wired to the electric system

- Exhaust fans mounted in walls or ceilings or screwed to windows

- Yard lights on stakes or with buried wiring

- Anything fastened to stakes driven into the ground

- Pavement and paving stones

- Plants planted into the ground, but not potted plants

- Wall coverings and paint (in the strange case of a mural painted on the wall, the copyright belongs to the artist, but the painting belongs to the owner of the wall)

- Buried treasure

- If a picture is hung on the wall, the nail or hook becomes part of the real property. The picture hung on it does not.

- A mirror screwed tightly to the wall at the corners and edges becomes part of the real property.

- A wheelchair ramp or chair lift becomes part of the property if it is attached to the property. If it is held in place by gravity, it is not part of the property.

If the tenant wants anything back that is attached to real property, the tenant must get a written agreement before attaching it to the property.

I am a landlord having a disagreement with my tenant about ownership and payment over a pet door.
When the tenant moved in, there was a small cat door in a door to the backyard. She brought a larger dog door with her and asked to have it put in; we agreed to put it in but that it had to stay when the tenant moved out.
What does the contract say? And is the contract within the bounds of state law?

We would have never agreed to this request if the dog door wasn’t going to remain part of the door once the tenant moved out. Unfortunately this agreement was only verbal. The tenant’s lease is up in a month and has informed us that she is taking the dog door and not replacing it.
I don't blame you. As a Colorado resident and former landlord in Colorado I would be just as upset. IF it happened. I was fortunate as a good friend of mine was also a lawyer and he guided me when I was landlord.

But this is why it's in writing. ALL agreements are in writing. Important agreements, that is. I am now renting, and I have verbal agreements with my landlord. But it's also dependent on what one is doing.

We believe that due to the verbal agreement she needs to either leave the dog door intact or replace it with a new dog door. If she does not do either of these things, we feel it is within our legal right to charge her for a new dog door or charge her for a replacement door altogether.
I agree. And put that in writing to her. Make it clear the door stays, or else she can buy a new door to replace it. That is why these things need to be in writing. You two can then dicker out the details, finalize it and put it in a letter from you to her confirming that she can, and what the expectations and responsibilities are.

When the dog door was attached to the rest of the real property, it became part of the real property, and became the property of the owner of the building. It no longer belongs to the tenant. This is true of any fixture that is attached to the house or grounds. If it requires work or tools to remove it (beyond movers picking it up and putting it on the truck), it becomes part of the real property.
Not exactly. She can take it, and she can fight you over it. That is why you MUST have everything of this nature in writing.
CJKelly, I hope you are reading this part closely-

Because if the tenant has receipts and says it's hers and says that you agreed that she can keep it, she may have a case. It doesn't matter if she's lying, it doesn't matter one iota any of the truth. THAT is why you want it in writing.

You see, if nothing is in writing, it's your word against hers. And the court does not always side with the landlord. Even if the landlord is right. If you have everything in writing, that puts the ball in your court.

As a landlord, do not walk into a situation where you have a 50/50 chance of winning, because those are poor odds to bank on. Instead, make sure it's BETTER THAN 60/40 in your favor. But anything above 50/50 is better than 50/50.

So put this dispute in writing, and keep a copy of the letter. Send it certified with return receipt requested. When you get the receipt, staple the receipt, the USPO receipt showing you paid for it, and the letter together. Any reply you get, make sure you tell her you want the response in writing, and add a stipulation that no written response from her is accepting the conditions of your demand. Colorado is a "single party state" so if you wish you can record a conversation with her without her knowledge or consent and it'll be legal.

In order to prevent a next time, I suggest that you re-write the lease agreement.

And make sure you have read my sticky regarding landlord-tenant laws in Colorado. If you fail to comply with the laws I covered in that, you're already is VERY deep trouble.

PM me for more info, if you wish.