Anyone moving into a new property often seeks to personalise the space to suit their preferences. However, that simple action to turn a rented house into a home can sometimes have legal implications.The Transfer of Property Act, 1882, lays down the fundamental rights and liabilities of both landlords and tenants. This includes provisions governing alterations that can and cannot be made to a leased property.Section 108 of the Act requires a tenant to return the property to the owner in the same condition in which it was leased, subject to normal wear and tear. However, Section 108(h) allows a tenant to remove, during the continuance of the lease, any fixtures or attachments installed by them, provided the property is restored to its original condition.While the law prohibits permanent or destructive changes, it generally permits temporary modifications that can be easily reversed.Tenants can typically install wall-mounted appliances and fixtures such as televisions, air conditioners, water purifiers and geysers. Curtains and blinds may also be put up for privacy.For decorative purposes, tenants may hang mirrors, clocks and other decorative items. Removable wall stickers and wallpapers can also be used.Temporary partitions made of wood, glass or other removable materials are generally permissible, as are removable storage units such as racks.However, some alterations may fall into a grey area. For instance, repainting a wall in the same colour may be considered a minor modification, while changing the colour could require the landlord’s approval. Similarly, the legal implications of drilling into a wall may differ from those of simply hammering a nail.In cases where tenants wish to make alterations to the property, it is advisable to record them in a written agreement to ensure documented consent from the landlord.
