What Happens If a Tenant Makes Unauthorized Alterations to the Rented Property?

When a tenant makes unauthorized alterations to a rented property, it may breach the terms of the rental agreement. These alterations can range from minor changes like painting walls to major structural modifications such as changing plumbing or knocking down walls. In most cases, such alterations require the landlord's prior written consent. Unauthorized changes can result in legal consequences for the tenant and may affect their security deposit, their right to continue occupying the property, or even lead to eviction.

Consequences of Unauthorized Alterations:

Violation of Lease Terms:

• Most rental agreements explicitly state that tenants cannot make any alterations or modifications to the property without the landlord’s permission. Such unauthorized actions typically violate the lease terms.
• In cases of minor alterations, the tenant may face a warning, but if the changes are major (e.g., structural changes), the landlord has more grounds for action.

Repair Costs and Deductions from Security Deposit:

• If the alterations cause damage or affect the property’s value, the landlord has the right to demand repairs or to deduct the cost of repairs from the tenant’s security deposit.
• For example, if a tenant installs a new fixture that causes damage to plumbing or wiring, the landlord can claim the repair costs from the security deposit before returning the balance.

Eviction for Breach of Lease:

• In cases where the unauthorized alterations are substantial or compromise the property’s safety or integrity, the landlord may choose to terminate the lease and evict the tenant.
• If the tenant refuses to make repairs or undo the alterations, the landlord may have legal grounds for eviction as the alterations may be considered a breach of contract.

Legal Action for Unauthorized Modifications:

• If the unauthorized changes cause significant damage or are in violation of safety codes, the landlord can take legal action against the tenant for breach of contract and compensation for damages.
• The landlord may also seek an injunction in court to ensure that the tenant restores the property to its original condition.

Impact on Security Deposit:

• A tenant may lose a part or the entire security deposit if the unauthorized alterations lead to damages or require costly repairs.
• The landlord is legally required to return the deposit within a reasonable period, usually within 30 days to 60 days after the tenant vacates. However, if there are damages due to unauthorized alterations, the landlord can deduct the necessary repair costs.

Tenant’s Obligation to Restore Property:

• In some cases, the rental agreement may include a restoration clause, meaning the tenant must return the property to its original condition when they vacate.
• If the tenant has made significant unauthorized changes, they may be required to reverse or restore the property before moving out. Failure to do so could result in the landlord using the security deposit to cover the cost of restoring the property.

Example:

A tenant in Chennai decides to install a new kitchen cabinet and drill holes in the walls without informing the landlord. When the landlord discovers the unauthorized alteration, they can:

• Inspect the damage caused by the drilling, such as holes in the walls and possible damage to electrical wiring.
• Deduct the repair costs from the tenant’s security deposit, which might include patching up the walls and restoring any damaged infrastructure.
• If the changes are substantial, the landlord may demand that the tenant restore the property to its original condition or face eviction.
• The landlord could also take legal action if the alterations caused significant damage to the property, such as damaging plumbing or structural features.

Conclusion:

Making unauthorized alterations to a rented property can have serious consequences for tenants. These include breach of lease terms, repair costs, loss of security deposit, and in extreme cases, eviction. It is crucial for tenants to seek the landlord's permission before making any changes to the property, as violating the terms of the lease can result in legal disputes and financial penalties. Tenants should always document their communications with the landlord and ensure that any agreed-upon alterations are done legally and with written consent.