How do I handle a tenant’s request to install a closet shelving system?
What does your lease agreement say regarding tenant alterations and improvements? In many leases there is language that prohibits tenants from making alterations and improvements to rental property. As example, a lease clause might read:
“Except as authorized by statute or as authorized by the prior express written consent of Landlord, Tenant will not make any repairs, alterations, or improvements to the premises including but not limited to painting, carpeting, wallpapering, electrical or lighting changes, nailing holes in the wall, rekeying of locks, installation of new locks or installation or alterations of alarm systems.”
The lease agreement might also contain a notification clause such as:
“Tenant accepts the rental unit, fixtures, and furniture as is. Unauthorized Tenant repairs, alterations, and improvements are a material violation of the Tenant’s Lease Agreement and subject to lease default remedies as stated in the lease agreement.”
Also keep in mind that many lease agreements define that any attachments to the property become a permanent fixture to the property. Absent lease language to the contrary or a documented landlord-tenant agreement returning specified objects to the tenant, the attached fixtures become the landlord’s property. Be sure you know what your lease says and understand exactly what the tenant is requesting.
You are fortunate that your tenant has asked for your permission to make an alteration to your property rather than having the work done without your knowledge and permission. A straightforward request from a tenant for an alteration or improvement to the unit allows the landlord and tenant to consider options to determine if the alteration or improvement could be allowed. A landlord should require tenants to submit written requests for alterations and improvements. A landlord may want to determine whether the improvement or alteration is work that could be easily undone (repaired or restored) when the tenant moves out. Another consideration might be whether the proposed improvement might add value to the rental unit. If the improvement is an object that the tenant wants to take with him/her upon moving out, the landlord and tenant must document their agreement in writing. A landlord might be receptive to approving an alteration if the tenant understands that he/she will be responsible for restoring the unit to its original condition at the end of the lease term. If the landlord deems the tenant’s restoration work is unacceptable under workmanlike standards, the landlord will deduct the costs of repairing or restoring the unit from the tenant’s security deposit.
The authorization agreement between landlord and tenant should be documented in writing with specifics regarding the scope of the work, material to be used, whether the alteration or improvement would be fixed (permanent) or portable and the terms of tenant reimbursement if any. Without such an authorization agreement, a dispute between landlord and tenant could occur when the tenant’s lease expires and the tenant wants to remove the attachment. If the matter ends up in court, the court will need to determine whether the attachment should be considered a permanent fixture belonging to the landlord or portable object that the tenant could take with him/her at move-out.
To help determine whether an object is portable or permanent, a court may look to the specifics of the issue, such as (1) whether the tenant received the landlord’s permission for installation or attachment of the object; (2) did the object require structural changes that affected the use and/or appearance of the unit/property; (3) did the installation of the object require firm attachment to the property using nails, screws, bolts, permanent bonding, or cement; and (4) what did the landlord and tenant intend to happen regarding the object.