5 things to remember when you invest in a rented property
You rented e.g. non-residential space, you have made construction modifications on it and evaluated the property (e.g. installed a new floor, renovated a toilet, etc.). What about property valuation?
- Agree on building modifications in advance. Agreement on building modifications in advance is important. And this is where the problem begins. Can the tenant request an appraisal from the landlord? Can the tenant request the removal of construction modifications?
- If you invest in the property without the landlord’s consent = as a tenant, you do not have the right to compensation for the appraisal of the property;
- If you invest in the property with the consent of the landlord, make sure that he agrees to pay for the appraisal of the property. If you did not agree with the landlord, you are unfortunately out of luck and would probably not succeed in court;
- If the construction changes are of a permanent nature, the lessor cannot ask you to return the rented space to its original state. But which of them is right? The lessor can also request a return to the original state only to a limited extent, according to court practice, the lessee is not obliged to remove such modifications, the removal of which would be related to further damage to the property and at disproportionately high expenses of the lessee.
- If you are ending the lease and you are being terminated and the real estate appraisal was included in the contract, you can agree with the lessor on a rent reduction or forgiveness until the end of the lease by the amount or part of the amount by which you appraised the property.
Finally, it looks somewhat implausible, but if the tenant waived the right to claim property valuation from the landlord in advance, such an agreement is valid. The question is, when would you, as a tenant, do it yourself, and when, as a landlord, would you be able to agree on such a provision.