Remodeling Tips for Renters

by Broderick Perkins DeadlineNews.Com Don't lift a hammer to perform alterations or improvements on your rental home until you read your rental contract. As a tenant, you have few rights when it comes to home-improving alterations, renovations and remodeling, largely because "your" home simply isn't yours. Chances are, your lease or rental agreement contains a detailed clause prohibiting alterations or improvements and the forbidden work may include just about anything including hammering in hooks for wall hangings. "Painting and refinishing hardwood floors. You may think it's an improvement. The landlord could consider it an abomination, " said Berkeley, CA attorney Janet Portman, a Nolo.com publisher and co-author of "Every Tenant's Legal Guide" (Nolo.com, $26.95) and "Every Landlord's Legal Guide" (Nolo.com, $44.95). Only with the landlord's expressed, written consent can you re-do your rental home more to your liking. Even minor, unsanctioned work can result in major consequences, including: • You probably won't be reimbursed. • You could be forced -- at your expense -- to restore the property to its pre-improvement condition. • You could lose the rights to any of your property that becomes part of the alteration or improvement. • You could lose some or all of your security deposit to correct or rip out the work. • You could be evicted. Property owners are tough about this issue, and case law supports their actions, for good reason. Landlords ultimately are responsible for making sure any work on their property adheres to real estate regulations, building codes, zoning ordinances or other rules governing construction. If your building plans for a rental dream home goes awry and creates a liability, the landlord -- not you -- lives the nightmare. "It's just stupid not to run it by the landlord. From the landlord's point of view, the work has to be done correctly, especially when you begin to fiddle around with electrical systems and plumbing. It's the landlord's property," says Portman. Two legal exceptions -- installing satellite dishes and building in greater accessibility for people with disabilities -- provide tenants with some discretion in performing alterations, but even then, the property owner or agent holds sway over where and how the work proceeds. "Take a look at the rental agreement. If nothing is outlined there, a phone call will do a world of good," says Kim Howard, spokeswoman, of the Alexandria VA-based National Apartment Association. Obtaining the property owner's approval for work could grant you some leeway in customizing your rental home more to your liking but, again, not without caveats. "They probably don't want you to knock down any walls, but if you want to plant some flowers, they may welcome that," said Howard. Unless you have cash to burn, the key is -- with permission -- to improve your rental unit without improving the bottom line of the property's value. That generally means removable improvements, including bookcases, carpeting and window covers, but also major appliances, including refrigerators, ranges, washers, dryers and others that plug in, screw in or otherwise require simple wiring or attachments to connect an appliance to an electrical or water source, according to Portman. Once you more permanently nail, screw, cement or otherwise attach something to the property the item legally becomes a "fixture" that belongs to the property owner. You can attempt to negotiate with the property owner for permanent home improvements that remain after your lease expires -- say custom track lighting, built-in bookcases or floor refinishing. Your negotiating point may be that the work will improve the value of the property. The landlord may agree to pay for the work out of pocket or reduce your rent for a period to cover your cost to have the work done. In any event, the owner gets a tax deduction for the work and that could also be a negotiating point. You could also offer to remove an alteration and restore the property to its original state when your lease is up. Keep in mind, the landlord will have the final word on your restoration job. If she or he isn't satisfied, you could lose your security deposit or be hauled into court for any costs your deposit doesn't cover. Again, a detailed contract itemizing the work to be performed and signed by both the tenant and the landlord helps prevent misunderstandings. "The last thing you want when it's time to move out is 'Oh my God! I have to do this?' said Howard. Copyright © 2005 DeadlineNews.Com -- Broderick Perkins, is executive editor of San Jose, CA-based DeadlineNews.Com, an editorial content and consulting firm. Perkins has been a consumer and real estate journalist for more than 25 years.