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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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If we want to remove the screens from the balconies and

Customer Question

If we want to remove the screens from the balconies and patio areas in our apartment complex can we?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 8 months ago.

Dear Customer,

You would need to check the terms of your lease agreement. Most residential lease agreements prohibit tenants from making any alterations or modifications to the residence (this is particularly true with regards ***** ***** complexes), even if the modification is of a temporary nature.

If you want to avoid any potential dispute with your landlord, you can ask first, if they give you permission, confirm it in writing (a short letter thanking them for allowing you to do so is sufficient - keep a copy).

But the place to start is with a review of your lease agreement.

Customer: replied 8 months ago.
I am the property manager. We are looking to remove the screens on the patios and wondered if we would be allowed without any recourse.
Expert:  CalAttorney2 replied 8 months ago.

You would be changing the amenities of the unit. So it is possible that a tenant could claim that you are altering the rental unit from the condition that they leased it in. (They would have a claim, and they could file suit if they wanted to pursue it).

If you give notice that matches your lease renewal you can avoid this issue.

But for the most part, landlords simply go ahead and do this anyway, and when tenants complain they offer them a temporary rent reduction or some setoff as a form of negotiation.

But you are in a far better position than I am to know what the physical condition is. (Are you removing decrepit blinds that are causing structural damage to the building that need to be removed, or are you simply doing something to increase the visual appeal of your building?)

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