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Are Tenant Modifications Allowed Under Illinois Rental Laws?

 Posted on March 10, 2025 in Civil law

IL real estate lawyerMost people who rent a home or apartment do their best to make their living space reflect who they are by personalizing it through painting and/or other forms of interior decorating. But before a tenant decides to dive headlong into rental property modifications, it should be stressed that in Illinois, any modification to a rental property requires the consent of the landlord.

This consent is not simply a suggestion; rather, it is an essential component of tenant rights in Illinois. An alteration can be as significant as installing new fixtures or as minor as painting or wallpapering the entry wall. Without documented approval for alterations, a tenant can face disputes and difficulties that might have been avoided.

Civil litigation in these matters requires a tailored approach by a skilled attorney who understands landlord and tenant rights. If you are a landlord in Illinois wondering what your options are after a tenant paints every wall in the house bright purple – without asking – it is time to speak to an experienced Naperville, IL civil litigation attorney.  

What Types of Repercussions Are Available to Landlords for Unauthorized Modifications?

When a tenant engages in unauthorized alterations, the landlord has the right to revoke the tenant’s security deposit, request that the tenant undo what he or she did, or, in extreme cases, evict the tenant. The lease should contain a provision that expressly prohibits alterations to the premises without prior written consent of the owner.

If such an alteration is discovered, photographs should be taken, and then notice can be served to the tenant, requesting that he or she restore the rental to its original condition at the tenant’s expense. If the tenant refuses to remove the alteration, the landlord can commence with eviction.

Repairs vs. Alterations

There can be a very fine line between tenant repairs and tenant "improvements," which require alterations that may not have been approved. Repairs are meant to keep properties in good shape, while an improvement should add to the property value.

If a tenant has mentioned the leaky kitchen faucet to a landlord multiple times and it has not been addressed, so the tenant hires a plumber, this is likely not grounds for adverse tenant repercussions. In fact, if the faucet was installed professionally and paid for by the tenant, the landlord should reimburse the tenant.

An "improvement" to the property can be extremely subjective. Suppose the tenant digs up the entire backyard and plants 60 blueberry bushes without asking the landlord. This action has effectively altered the intended use of the property. This means that when the current tenant moves out, it might be difficult to find another tenant who would agree that a backyard full of blueberries rather than a grassy space is a bonus.  

If a case like this goes to court, the judge will ask whether the alteration is likely permanent. Painting the walls purple may be annoying, but it is not permanent. The tenant can either repaint the walls with an acceptable color or risk losing his or her security deposit or being evicted.

Returning a blueberry hobby farm to a backyard is much more labor intensive – and expensive. While the tenant can be asked to restore the property to the same condition it was in when he or she moved in, this might or might not happen. If the tenant refuses and moves out, the landlord is within his or her rights to keep the security deposit.

Contact a DuPage County, IL Civil Litigation Attorney

If you are a landlord whose tenant has made significant changes to the rental without your permission or knowledge, it is important that you speak to a skilled Naperville, IL civil litigation lawyer from Appelman Law LLC. We will let you know what you can and cannot do in response to unauthorized alterations and represent you in court. Call 630-717-7801 to schedule your free consultation.

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