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My daughter rents an apartment with two roommates. When they…

My daughter rents an...

My daughter rents an apartment with two roommates. When they took possession of the lease/apt, there were walls/doors already installed to turn the dining room into an additional bedroom. They just received a note from the landlord saying any "temporary walls" need to be removed by the tenant whether installed by current or previous tenants. Can they do this?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Evanston, IL

Lawyer's Assistant: Has any paperwork been filed?

Legal paperwork? No? She has a lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just to be clear... the walls were there before current tenants moved in and landlord definitely knows about them

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Answered in 5 minutes by:
6/21/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,065
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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If the walls were there when they rented the dwelling, then they are under no obligation to remove them. They aren't liable for changing around the layout of walls or temporary structures that were there when they rented. If the landlord wants them down, then he can arrange to take them down himself..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 12 months ago
Thank-you. Would you be able to direct me to where I can find the Illinois law to this effect?

There is no law that says this... the law simply isn't that specific.. But common law, which is unwritten law that has evolved over time, states that when a landlord and tenant enter a lease contract, the tenant takes the property as it sits, defects and all, with the exception of any Code or housing violations. So when they rented, they take it with the walls up, even if they are not legal to have up, and if there is a violation of Code, it is the landlord's duty to take corrective action so as to get the property back to code.

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The landlord has to make his property comply with Code, not the tenant.

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So as I mentioned, they can simply tell the landlord they didn't put them up and they aren't going to take them down.. There is zero chance he can do anything against them legally for failing to modify his rental property.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,065
Experience: 17 years real estate, Realtor. Landlord 26 years
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