The answer to this question can vary based on the specific laws and regulations in the jurisdiction where the apartment is located. Landlord-tenant laws differ from state to state in the United States, and there might be local ordinances that come into play as well.
In general, if there is no specific clause in the lease agreement regarding the refrigerator (whether it's included or not), the default assumption might be that the refrigerator is considered part of the rental property and should remain in the apartment even after the tenant moves out. However, there are some scenarios where a landlord might be able to remove the fridge:
Abandoned Property: If the tenant leaves the fridge behind and does not claim it, the landlord may have the right to dispose of the abandoned property according to local laws. In such cases, the landlord usually needs to follow specific procedures to handle abandoned belongings.
Lease Terms: Even if there's no specific clause about the fridge, if there's a general clause stating that the apartment should be left in the same condition as it was at the beginning of the tenancy (minus normal wear and tear), the landlord might argue that the tenant should leave the fridge behind.
Local Laws: Some areas might have regulations that require landlords to provide certain amenities, like refrigerators, to tenants. In such cases, the landlord may not be allowed to remove the fridge unless it's for necessary maintenance or replacement.
To get a precise answer, the tenant should review their lease agreement, check local and state tenant laws, and consider seeking legal advice if needed. It's also a good idea for tenants to document the condition of the apartment, including any included appliances like the fridge, both at move-in and move-out to avoid disputes later on.