Q: My tenant enhanced the property while living there. He repaired a broken window, and installed an air conditioner and shelves. He is leaving now and wants me to pay for all the enhancements. Must I pay or can I tell him to take them with him?
A: Regarding enhancements that were necessary for the property, the tenant is considered as one who enhanced with permission; he is entitled to the going rate for such enhancements.
However, if he made enhancements that are not necessary, he is considered as one who enhanced of his own accord. The halachah is subject to what was discussed earlier, i.e., whether the property is fit for such an enhancement or not; whether the landlord can say, “Remove your wood and stones,” etc.
If the tenant initially intended to take the air conditioner or shelves with him when leaving, the landlord cannot demand that he leave them, provided that removing them now will not damage the property (Pischei Teshuva, Geneivah 8:25).
