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Indiana Landlord Agreement to allow Tenant Alterations to Premises

State:
Indiana
Control #:
IN-829-11
Format:
Word; 
Rich Text
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Description

This contract is an agreement between a landlord and a tenant regarding changes the tenant wishes to make to the rented premises. A written agreement is helpful in avoiding misunderstandings that might otherwise occur. Various issues are covered, including who will pay for the improvements, whose property the improvements will be considered, and whether or not and under what circumstances the tenant may remove the alterations if and when the tenant decides to move out.

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FAQ

Leasehold improvements are any changes made to a rental property in order to customize it for the particular needs of a tenant. These can include alterations such as painting, installing partitions, changing the flooring, or putting in customized light fixtures.

Who Can Amend the Lease? When a landlord and tenant sign a lease agreement it forms a legally binding contract. The lease cannot be altered except through another written agreement signed by both parties unless the original lease specifically gives a party the power to change something on their own.

Often, landlords will provide a 'leasehold improvement allowance' for their tenants which is merely a set amount they agree to pay for. If the improvements you want cost more than the allowance, you will be responsible for those extra costs.

In cases like this, landlords are entitled to deduct the remaining tax basis in capitalized leasehold improvements made for a particular tenant upon termination of the lease if such improvements are irrevocably disposed of or abandoned and won't be used by a subsequent tenant.

An addendum must include the basic elements of any landlord/tenant agreement. You should include the date, the address of the rental property and the names of each party just as you would in the original lease.

If the tenant pays for leasehold improvements, the capital expenditure is recorded as an asset on the tenant's balance sheet. Then the expense is recorded on income statements as amortization over either the life of the lease or the useful life of the asset, whichever is shorter.

The purpose of the covenant is to protect the landlord from the tenant effecting alterations and additions which damage the property interests of the landlord. Alteration will usually be construed as anything that alters the form or construction of the building.

Can a tenant claim for improvements made during the lease? The position differs in the case of immovable and movable property. Tenant can claim for:The claim arises only once the lease is terminated and lessee vacated the property.

Your landlord can change a rental agreement at any time during the term of the agreement, with or without your consent. Changes must be made with adequate notice; notice periods are 30 days in most states. Changing a lease is harder because both parties must consent to almost any change.

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Indiana Landlord Agreement to allow Tenant Alterations to Premises