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

Answers:

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.


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