Is it possible to add on to a rental house?
Last updated: 6 Aug 2025
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In this article, the author invites readers to explore an interesting topic regarding renting a house or real estate: whether or not tenants can make additions to the leased property under the law or under the contract, and what are the consequences?
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Can a tenant make additions to the leased property?
Section 558 of the Civil and Commercial Code clearly states:
With regard to leased property, the tenant may not make any alterations or additions without the prior permission of the lessor. If the lessee makes such alterations without the prior permission of the lessor,
upon the lessor's demand, the lessee must restore the property to its original condition and be liable to the lessor for any loss or damage resulting from such alterations or additions.
From the above law, it can be seen that unless the lessee and lessor have agreed otherwise in the contract, the lessee cannot make additions to the leased property without the lessor's permission.
If the lessee violates this by making additions without prior permission, the lessor has the right to demand that the lessee demolish the property and return it to its original condition. The tenant is also liable for any damages that occur.
However, this law is not a law concerning public order and morality. The tenant and the landlord can agree to differ from this in the lease agreement.
For example, the lease agreement may state that the tenant has the right to make additions to the leased property without prior permission. However, upon termination of the lease, the landlord has the right to retain the property or demand its removal and then restore it to its original condition. If such an agreement is in place, the lease agreement is enforceable.
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If an addition has been made to the leased property, can the tenant remove it after the lease is terminated?
This issue must be separated into two cases: the legal or contractual addition, i.e., with prior permission from the landlord or with the contract permitting it; and the illegal or contractual addition.
In the first case, the tenant makes an addition legally or contractually. In this case, the tenant must review the initial agreement in which the landlord permitted the addition or the terms of the contract to determine what was agreed upon at the time.
If the initial permission or the contract states no demolition, the tenant cannot remove it. If the permit or contract specifies that the property must be dismantled and restored to its original condition, then the dismantling and restoration must be performed.
However, if the permit or contract does not specify this, and the tenant wishes to remove it, then the legal basis for removing it must be considered. If it is an accessory, the tenant cannot remove it. However, if it is not an accessory, the tenant must remove it. Section 144 of the Civil and Commercial Code provides that:
Accessories of property mean parts that, by their nature or local custom, are essential to the property's existence and cannot be separated unless they are destroyed, damaged, or otherwise altered in form or condition.
Accessories are parts that are essential to the property and cannot be separated unless the property itself is destroyed. For example, an air conditioner is not considered an accessory because it is not essential to the house and can be removed without destroying the house. Solar cells are not considered accessories because they are not essential to the house and can be removed without destroying the roof.
However, doors or walls are considered essential to the house. If they are removed, the house will change its form or condition. These are accessories that cannot be removed.
However, even if the addition becomes an accessory, if it is an unauthorized addition, when the landlord demands it, the tenant must remove it and restore it to its original condition, as per Section 558.
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If the tenant persists in removing it, what can the landlord do?
If the tenant removes the addition contrary to the terms of the agreement, or removes it contrary to the contract, or removes the accessory property, this constitutes a breach of contract or a tort, causing damage to the landlord.
The landlord can pursue civil action for damages, especially if the removal of an accessory, which the tenant may not be able to use, could be considered intentional damage to the rented property, which could also constitute criminal mischief.
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If the addition is an accessory to the house, but the tenant wishes to remove it, promising to repair it to its original condition as before the addition, is this allowed?
If there is an agreement between both parties, this is allowed. However, if the removal does not restore the rented property to its original condition as promised, The lessor also has the right to file a civil lawsuit for damages.
___________________________________________
Thank you for the great information from DD Property.
___________________________________________
Can a tenant make additions to the leased property?
Section 558 of the Civil and Commercial Code clearly states:
With regard to leased property, the tenant may not make any alterations or additions without the prior permission of the lessor. If the lessee makes such alterations without the prior permission of the lessor,
upon the lessor's demand, the lessee must restore the property to its original condition and be liable to the lessor for any loss or damage resulting from such alterations or additions.
From the above law, it can be seen that unless the lessee and lessor have agreed otherwise in the contract, the lessee cannot make additions to the leased property without the lessor's permission.
If the lessee violates this by making additions without prior permission, the lessor has the right to demand that the lessee demolish the property and return it to its original condition. The tenant is also liable for any damages that occur.
However, this law is not a law concerning public order and morality. The tenant and the landlord can agree to differ from this in the lease agreement.
For example, the lease agreement may state that the tenant has the right to make additions to the leased property without prior permission. However, upon termination of the lease, the landlord has the right to retain the property or demand its removal and then restore it to its original condition. If such an agreement is in place, the lease agreement is enforceable.
___________________________________________
If an addition has been made to the leased property, can the tenant remove it after the lease is terminated?
This issue must be separated into two cases: the legal or contractual addition, i.e., with prior permission from the landlord or with the contract permitting it; and the illegal or contractual addition.
In the first case, the tenant makes an addition legally or contractually. In this case, the tenant must review the initial agreement in which the landlord permitted the addition or the terms of the contract to determine what was agreed upon at the time.
If the initial permission or the contract states no demolition, the tenant cannot remove it. If the permit or contract specifies that the property must be dismantled and restored to its original condition, then the dismantling and restoration must be performed.
However, if the permit or contract does not specify this, and the tenant wishes to remove it, then the legal basis for removing it must be considered. If it is an accessory, the tenant cannot remove it. However, if it is not an accessory, the tenant must remove it. Section 144 of the Civil and Commercial Code provides that:
Accessories of property mean parts that, by their nature or local custom, are essential to the property's existence and cannot be separated unless they are destroyed, damaged, or otherwise altered in form or condition.
Accessories are parts that are essential to the property and cannot be separated unless the property itself is destroyed. For example, an air conditioner is not considered an accessory because it is not essential to the house and can be removed without destroying the house. Solar cells are not considered accessories because they are not essential to the house and can be removed without destroying the roof.
However, doors or walls are considered essential to the house. If they are removed, the house will change its form or condition. These are accessories that cannot be removed.
However, even if the addition becomes an accessory, if it is an unauthorized addition, when the landlord demands it, the tenant must remove it and restore it to its original condition, as per Section 558.
___________________________________________
If the tenant persists in removing it, what can the landlord do?
If the tenant removes the addition contrary to the terms of the agreement, or removes it contrary to the contract, or removes the accessory property, this constitutes a breach of contract or a tort, causing damage to the landlord.
The landlord can pursue civil action for damages, especially if the removal of an accessory, which the tenant may not be able to use, could be considered intentional damage to the rented property, which could also constitute criminal mischief.
___________________________________________
If the addition is an accessory to the house, but the tenant wishes to remove it, promising to repair it to its original condition as before the addition, is this allowed?
If there is an agreement between both parties, this is allowed. However, if the removal does not restore the rented property to its original condition as promised, The lessor also has the right to file a civil lawsuit for damages.
___________________________________________
Thank you for the great information from DD Property.
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