One tenant’s “improvement” can be a landlord’s problem. Although some changes might appear helpful, unauthorized modifications to your commercial property can break the lease and cause future issues. As a landlord, what legal actions can you take in this situation?
What constitutes an unauthorized change?
Unauthorized changes include any alterations made without the landlord’s explicit permission, such as:
- Structural modifications (removing walls, adding doorways)
- Electrical or plumbing system alterations
- Permanent fixtures installation
- Significant aesthetic changes (painting, flooring replacement)
- HVAC system modifications
Often, these modifications go beyond the scope of the lease agreement and may impact the property’s value or functionality.
Steps to address unauthorized changes
When you discover unauthorized modifications, taking systematic action helps protect your interests and property value:
- Document all changes with photos and written descriptions.
- Review your lease agreement for specific clauses about property alterations.
- Send a formal written notice to the tenant outlining the violations.
- Schedule an inspection to assess potential damage or code violations.
- Determine if the changes create safety hazards or liability issues.
- Calculate the cost to restore the property to its original condition.
Arizona law strongly protects property owners’ rights against unauthorized tenant modifications. As a landlord, you can demand restoration of the property to its original condition or seek compensation for damages.
When to seek legal counsel
It is important to get legal help from an attorney if:
- The tenant refuses to cooperate.
- The alterations are extensive or impact the property’s value.
- You are unsure about your rights and obligations under Arizona law.
- You plan to take legal action, like eviction or a lawsuit.
Dealing with unauthorized property changes can be tricky. A qualified Arizona attorney can advise you, protect your interests and help you achieve the most favorable outcome.