What Stays With the House When You Sell in Ohio?

You sell your house, pack your things and take them with you. Simple enough, until you get to the refrigerator. Or the dining room chandelier. Or the TV hanging on the wall.

Here's the short version. In Ohio, things attached to the house generally stay, and things you can pick up and carry out generally go with you. The real answer lives in your purchase contract, though, and the gray areas in between are where sellers and buyers end up surprised.

What Counts as a Fixture When You Sell a House in Ohio?

The rule most people hear is simple. If it's attached to the house, it stays. If you can pick it up and carry it away, it goes with you.

That's a helpful starting point. I wouldn't rely on it alone.

Ohio courts have worked from the same basic idea for a long time. The classic case on fixtures, Teaff v. Hewitt, goes back to 1853 and looks at three things: whether the item is physically attached to the home, whether it's adapted to fit that particular home, and whether whoever installed it meant for it to stay. A built-in bookcase checks all three boxes. A freestanding bookshelf checks none of them.

Most real life sits somewhere in between. A chandelier is attached. A refrigerator isn't. Blinds are attached, but curtains may not be. The TV comes off the wall in a minute, while the bracket behind it is screwed into the wall.

That's why I don't like leaving any of this to assumptions. If the seller wants it, exclude it. If the buyer expects it, include it. Put it in writing.

What Usually Stays With the House When You Sell?

The purchase contract most of us use here in Central Ohio lists items that stay with the house unless the contract says otherwise. That generally includes light fixtures and ceiling fans, built-in shelving and cabinetry, plumbing fixtures, attached mirrors, blinds and shades, and other items physically attached to the home.

Even the obvious ones can turn into a problem. Say the chandelier in your dining room came from your grandmother. To you, it's a family piece that's obviously moving with you. A buyer walking through sees a light fixture attached to the ceiling.

Those are two very different expectations.

If you know you want to keep something like that, deal with it before you list. You can exclude it in the contract. In many cases it's even better to replace it before photos and showings so it never becomes a question at all.

Then there are the less obvious things, which are the ones most likely to get overlooked. Curtains versus curtain rods. A garage refrigerator. Shelving in the basement or garage. Outdoor speakers, a basketball hoop, a playset. Even a decorative mirror can raise questions depending on how it's hung.

Do TV Mounts Stay With the House?

This one comes up quite a bit.

The television itself is personal property, so it goes with you. The mounting bracket is a different story. It's bolted into the wall, which puts it much closer to fixture territory, and most buyers will expect it to stay. If you're taking the TV and leaving the mount, everyone should understand that.

If you're planning to take the mount too, that's another conversation. Removing it can leave holes or damage a buyer wasn't expecting, so plan to patch and paint, and make sure the contract reflects it.

This is a good example of why "I'll just take it when we move" isn't always as simple as it sounds.

Does the Refrigerator Stay When You Sell a House?

Don't assume it does.

Refrigerators, washers and dryers aren't attached to the home the way your kitchen cabinets are. Whether they stay should be spelled out in the purchase contract, not left to a default.

If the buyer wants them included, that becomes part of the offer. If you already know you're taking them, we can make that clear from the beginning, before a buyer starts picturing their groceries in your refrigerator.

Built-in appliances are a different category. A dishwasher or wall oven that's installed into the cabinetry generally stays with the house, the same way the cabinets do.

What About Smart Doorbells, Thermostats and Leased Equipment?

Two categories deserve a little extra attention.

The first is smart devices. A video doorbell, smart thermostat or mounted security camera is wired in or attached, so buyers generally expect it to stay unless you exclude it. Leaving it is only half of it, though. You'll want to remove it from your accounts and reset it, so the buyer isn't moving in with a device they can't use.

The second is leased equipment. Water softeners, security systems and propane tanks are sometimes leased rather than owned. A leased item isn't yours to leave behind, and it usually means a call to the company before closing to find out what the agreement requires. It's much easier to sort out early than to discover late.

How Do You Keep Something You Don't Want to Leave Behind?

Here's the simplest way I know to handle it.

Before you list, walk through your house and look at anything attached to a wall, ceiling, cabinet or the property itself. Then ask yourself one question:

"Would I be upset if I had to leave this behind?"

If the answer is yes, put it on your list. Also note anything you lease rather than own.

From there, each item gets one of three answers. Remove it before listing. Replace it with something you're comfortable leaving. Or specifically exclude it from the sale.

If you're downsizing, this list tends to be longer and more personal. That's normal. If the bigger question is how to sort through a whole house, here's how I'd approach downsizing without feeling overwhelmed.

You don't need to walk around your house wondering whether every item technically counts as a fixture. That's what I'm here to sort through with you. Before I list a home, I'd much rather identify these things and set clear expectations, the same way I'd rather talk through what you have to disclose when selling a home in Ohio up front, than have a buyer ask at the final walk-through why something is missing.

A five-minute conversation before you list can prevent a surprisingly frustrating one later.

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Thinking About Selling in Central Ohio?

There are a lot of small details in a home sale that most homeowners wouldn't know to think about. You shouldn't have to. That's part of what I walk through with my sellers before the house ever hits the market, so we can deal with questions early instead of finding surprises later.

If you're thinking about selling in the next year, I'm happy to talk through what you should be doing now and what can wait.

Frequently Asked Questions About What Stays With the House

This article is general information, not legal advice. Your signed purchase contract controls what stays with the house. For a specific legal question, talk with an Ohio real estate attorney. Source: Teaff v. Hewitt, Ohio Supreme Court (1853).

Representing Central Ohio Homes with Real of Ohio