Kalamazoo, MI asked in Landlord - Tenant for Michigan

Q: If you give your renter permission to put up a privacy fence can they tear it down when they leave?

They have a dog and our chain link fence at the property couldn’t hold their dog in so they asked t put in the fence. We never had an agreement to take money off rent or anything I am just wondering if they can tear it down? If so doesn’t our chain link fence need to be there still then?

Related Topics:
2 Lawyer Answers
David Soble
PREMIUM
David Soble
Answered
  • Landlord Tenant Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: Parties to a lease can have a provision that states that whatever approved 'improvements" are made by a tenant, must be removed if they are not permanent fixtures or attachments. It is common that permanent fixtures - such as a fence- that have been approved by the landlord, remain with the property. See Provenresource.com for more information.

Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: A written agreement would be most helpful in this matter; otherwise, the terms in your lease would be controlling. Fortunately, those general provisions would favor you: any permanent / structural changes to the property generally stay with the property.

Do you like the fence? To clear the air and eliminate future risk (e.g., they tear the fence down and don't put a new one up), why not work out an agreement with them now?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.