When Tenants Make Unauthorized Changes to Your Property

From tenants building treehouses in parking lot trees to erecting climbing walls in shared backyards, BPOA members have seen it all. These seemingly harmless additions can pose serious safety, liability, and legal issues, particularly when they constitute what’s known as an “attractive nuisance.”

An attractive nuisance is a condition or feature—especially one that appeals to children—that poses a risk of injury. Landlords can be held liable if they fail to remove or secure such hazards.

Real Reports from the Field:

• A tenant installed a climbing wall without permission. Not only was it a structural alteration to the backyard, but it became an attractive nuisance, tempting neighborhood children into a potential fall hazard.

• Another tenant built a treehouse for her son in a large tree located in a common parking area—without realizing she had altered a shared space and created a structure that invited play from unsupervised children.

Liability Reminder: Even if the child injured is the tenant’s own, landlords may still be held liable for dangerous conditions on the property—especially if they failed to act after learning about the modification. That’s why it’s critical to document, notify, and resolve any unauthorized structures immediately.

What You Should Do

1. Document everything. Photograph the modification and note any observed use, especially by children.

2. Check your lease. BPOA’s lease clearly prohibits modifications without written consent. Unauthorized construction is a lease violation.

3. Act quickly. Notify the tenant in writing that the change violates the lease and poses liability concerns. Request immediate removal or restoration.

4. Consider legal escalation. If the tenant fails to comply, serve a Notice to Perform Conditions or Quit. Always consult legal counsel for situations involving injury risk.

5. Be proactive. Discuss this issue during move-in, and include unauthorized modification checks in routine inspections.

What About Lower-Level Unauthorized Modifications?

Not every unauthorized change is a major hazard—but even minor alterations made without permission should still be addressed to protect the condition and value of your rental. These often fall into the “it’s not dangerous, but it’s still not allowed” category.

Common Examples:

• Painting walls without permission

• Installing shelves, towel bars, or curtain rods

• Adding garden boxes or potted trees

• Replacing light fixtures or faucets

• Stringing outdoor lights or mounting TVs

• Laying peel-and-stick tiles or countertop covers

If Discovered During the Tenancy:

• Communicate in writing. Let the tenant know the modification was unauthorized and whether you expect them to remove it, repair it, or leave it as-is.

• Document it. Take photos and save copies of all correspondence.

• Decide case by case. If the change is harmless or even an improvement, you may allow it to remain; just be clear that future changes must be approved in writing.

If Discovered at Move-Out:

• Evaluate whether it’s:

  • Damage (deductible),

  • Wear and tear (not deductible),

  • Or a lease violation that left a permanent alteration.

• Use move-in photos and inspection checklists to support your decision.

• If you’re deducting from the security deposit, make sure the cost is reasonable and documented under Civil Code § 1950.5.