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Homeowners do it all they time. Redecorate,
remodel, rebuild. Why shouldn't tenants get the home
improvement bug?
There are two good reasons why you should think twice
about making improvements or alterations on your rental
unit. First, your landlord might not be as enthusiastic
about your plan as you are and may even keep your
security deposit to return the property to its original
state. Second, you might not be able to take some
of the things you buy with you to your next residence.
Tenants often don't realize what a headache improvements
and alterations are for landlords. Most landlords
can recount many horror stories about tenants who
invested many hours of toil on, say, redecorating
a bathroom with lavender tiles or painting every wall
orange. Most of these tenants probably didn't read
their leases or rental agreements, which probably
contained clauses that specifically prohibited any
alterations or improvements. And I'll bet they were
pretty angry when they didn't get one cent of their
security deposits back. If only they'd asked first,
they would have saved themselves a lot of time and
money.
If you just can't wait to get your hands on some
power tools or the arrival of your Martha Stewart
catalog starts you salivating like Pavlov's dog, here
are some things you should carefully consider:
Fixtures
Did you know that if you attach your bookcase to
the wall for safety reasons, the bookcase becomes
a "fixture" in legal terms? When it comes
time to move, this bookcase, or any other fixtures
you've attached to the building or the property, is
no longer yours to take with you. By law, fixtures
are your landlord's property. Many landlords don't
want your bookcase and probably won't squabble over
it as long as you don't leave gaping holes in your
walls. But you never know what a landlord will do
when the law is on his or her side.
Remember fixtures are anything you attach to the
property. Say you decide to invest in a nice new dishwasher.
You'd probably like to take it with you when you leave,
right? Well, better negotiate that with your landlord
before you make the investment. Or, you could avoid
the problem and buy a portable dishwasher that doesn't
require permanent installation. Simply connecting
a portable dishwasher to a faucet (or for that matter,
plugging in a free-standing appliance) does not make
it a fixture.
Many landlords will accommodate your need for a particular
fixture that doesn't damage the property. For example,
a landlord may agree to let you install and then remove
blinds, as long as you fill in the holes that you
made and perhaps even touch up the paint. Even if
your lease doesn't have a clause prohibiting alterations
or improvements, it's a good idea to get your landlord's
permission in writing. The agreement should clearly
state that you will be allowed to remove the fixture
and what the landlord expects you to do to return
the property to its original state.
Beautifying Your Home
If you're planning on staying in your residence for
a long time, you might just want to spruce it up-paint
the walls, strip the paint off the hardwood floors,
or put down new linoleum in the kitchen. While these
kinds of improvements don't involve installing fixtures
that you hope to take with you, you'll still want
to talk to your landlord and even sign an agreement.
You might also want to keep all of your receipts in
case you do end up in court.
The golden rule to remember is to not make any improvements
the landlord doesn't want, especially if you ever
want to see your security deposit again. And even
if you don't care about your security deposit, keep
in mind the landlord could sue you in small claims
court for thousands of dollars to "fix"
any improvements that he thinks are detriments.
However, your landlord might like your improvement
idea. If your landlord thinks your work will enhance
the residence, you could try to get some financial
support for it. Perhaps your landlord will foot the
bill or at least buy some paint. Some landlords prefer
to do the work themselves to ensure that it is done
to their high standards. In this case, you might pay
for the paint or supplies, and the landlord might
cover the labor costs.
And if your landlord flat out denies your improvement
request? Well, perhaps it's time to apply your passion
to something that won't get you evicted, like woodworking
or Feng Shui classes at your local Adult school.
Written by Leta Herman
Copyright 1998 Leta Herman
Distributed by Inman News Features
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