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Updated over 11 years ago,
Tenant Equitable Interest Question
I've seen a lot of discussion on whether or not to allow tenants to make modifications to the property because of equitable interest issues. How do investors protect themselves from this when buying an occupied property? I'm talking to one owner who has freely admitted to allowing tenants to make modifications to the property (some sound large, like a partial bathroom addition/remodel). Beyond the obvious quality of construction and code compliance issues, how do I ensure the tenant doesn't rip out his whirlpool tub when he vacates and leaves me a mess of wires and plumbing? My current estoppel letter does not have a question regarding tenant-owned property. If the lease doesn't cover tenant improvements, what protection can be developed for the buyer?
Thanks as always -
Mike