Unauthorized Remodeling: What Are the Legal Implications for Tenants?

Tenants that care for your rental property as though it were their own are the finest.  They clean the apartment and handle small repairs, like changing light bulbs, without disturbing you. Occasionally, they paint the exterior or tend to a flower garden. However, you need to know about your tenant remodeling rights to avoid legal action for making these changes.

Some tenants may start to think of your apartment as their own. They might proceed with significant renovations without your consent. We are sure you’ve heard a few stories about tenant remodeling rights.  An example is the story of a tenant who did major remodeling without asking permission from the landlord.

What Did the Tenant Do?

A story of a tenant remodeling her apartment without the landlord’s approval has been trending online. The video showed the tenant, a lady, repainting and repairing almost every part of the house. She worked on sinks, cupboards, and more.

She redesigned the walls and painted everything pink. The final look was appealing. However, the issue remains whether she had permission from the landlord. Without it, legal issues may arise. Let’s examine tenant remodeling rights to determine her position.

Is It Legal for Tenants to Remodel Properties?

According to the law, tenants are often prohibited from remodeling a rental unit without the landlord’s express authorization. So, if you make any remodeling without permission, the landlord still owns it even if you vacate the property. Everything that is fixed to the rental property—that is, anything that is attached—cannot be taken out. These are against the tenant’s remodeling rights.

According to popular lawyer Ugo Lord, a landlord can sue a tenant if the tenant’s security deposit is not enough to fix the damages. But some people don’t care because they don’t have any money, so if a landlord goes after them, there is nothing they can do.

He stated that damaging property you don’t own is illegal. You must return it to a pre-damaged state. Security deposits won’t cover losses. The lady tenant can be held liable for damages. She may face charges of vandalism in court. These stem from tenant remodeling rights.

Can a Landlord Evict a Tenant for Remodeling?

Section 62(1) of the Residential Tenancies Act[1] (“Act’) indicates that a landlord may give a tenant notice of termination of the tenancy if the tenant, another occupant of the rental unit, or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex.

So if a tenant makes unlawful repairs, alterations, or additions to a rental property, the landlord may lawfully evict them if the damage is deemed ‘undue damage”. But before a landlord evicts a tenant they should give a N5 Notice to the tenant. 

Tenants have the chance to address the issue(s) mentioned in the notification within seven (7) days after receiving it for defaulting the tenant remodeling rights. If the tenant fails to address the issue(s) by the deadline, the landlord may file an L2 application with the Landlord and Tenant Board and begin the eviction procedure on the eighth day forthwith.

Also before starting an L2 application, landlords should always make sure they give the tenant a chance to work out any problems between them. This will facilitate the Court’s ability to monitor a landlord’s attempts to pursue other options before evicting the tenant. 

The Bottom Line 

To prevent future eviction and/or legal actions, tenants should, however, always consult with the landlord and acquire permission before making any changes to the rental property. Tenants should also know that a judge will take into account various aspects, including whether the object is physically fixed to the property when considering the tenant remodeling rights.

Although Judges will consider each case individually when determining whether to issue an eviction order, you should know that the court will closely examine any agreements or even exchanges of communication between you and the landlord. So do not take this for granted and always know the law before embarking on a remodeling spree.