Legal Question in Real Estate Law in Illinois

A renter we had to evict erected a birdhouse in front of the window. The post was sunk over two feet into the ground and removing it will leave a bit of a mess. Legally, is this birdhouse considered a man-made permanent structure and part of the property? Can she be required (legally) to leave it? She intends to dig it up and move it. She did not ask permission to install it and we have had to ask her to move out because she owes over $5400.00 in back rent and has birds (12 cockatiels) that have pecked several holes in the plaster walls.

Asked on 10/30/17, 8:42 pm

1 Answer from Attorneys

You have to look at your lease with her. MOST leases prohibit 'alterations and improvements' without landlord consent and will either say she has to remove it or you can at her cost - but NOT all leases are created equal! It may depend on how long ago she installed it too - if you waited too long to disapprove or demand removal if you had that right. Have an attorney review the lease with your facts for the best answer.

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Answered on 11/01/17, 10:52 am

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