Gave my tenant 36 hours notice that we were to be there to clean out the gutters. Can tenant deny me access to do maintenance?

Asked over 1 year ago - Bloomfield Hills, MI

Tenant told us 5 days ago that during rainstorms, water was flowing under the storm door and drenching the indoor/outdoor carpeting in the enclosed porch; it is uninsulated, unheated and attached to the house. Per lease I am required to give her 24 hours notice and it does not say that I have to get her permission. She would be out of town and I assured her that we were not entering the house; only cleaning out the gutters. We were concerned that the storms tomorrow would be so heavy that any more water would eventually damage the basement walls. We were trying to satisfy a complaint.

Attorney answers (3)

  1. Melissa J. Houghton-Heinig

    Contributor Level 13


    Lawyers agree


    Answered . I do not see any reason why you would not be able to clean the gutters. This is an outdoor repair and if you do not repair this, it could likely do more damage to the inside of the home as well as tenant's belongings. You have followed proper procedure and given 24 hours notice (36 hours, actually), and you are well within your rights to repair the gutters.

    ***Answering legal questions is a complex matter and cannot be done without further research. My answer here is... more
  2. Brandy Ann Peeples


    Contributor Level 19


    Lawyers agree


    Answered . From the facts you've posted, you've given adequate notice. Your tenant cannot deny you the right to make repairs to protect the dwelling -- especially if those repairs don't involve going inside the leased premises.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  3. Craig Jackson

    Contributor Level 5


    Lawyer agrees


    Answered . In this situation you may certainly make the repair to the gutters. You gave proper notice and your not even going inside to make the repair.

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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