What to do if in my lease it does not say anything about the landlord gaining access to the property?

My landlord recently became angry and confrontational due to a minor issue over the replacing of blinds and $22. Then before I sent my email response to her voicemail and text, she sent me an email telling me that she was “coming by to see the house and if we are not here she will just let herself in”. Is this legal for her to do?

Asked on November 7, 2012 under Real Estate Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Many states have a notice requirement, which is usually 24 hours notice before a landlord can enter a tenant's rental property.  In an emergency, no notice is required.

Unfortunately, Michigan does not have a notice statute.  This does not mean the landlord can enter at anytime without notice.  You can still argue that you should be given reasonable notice.  If the landlord abuses this, the landlord is liable for breach of the covenant of quiet enjoyment, which means the tenant cannot be disturbed in his or her use and enjoyment of the premises.

Even in states where there is a notice requirement, the tenant is not required to be present when the landlord enters.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.