Who is Liable for Plugged Gutter and Water-Related Problems?

By Robert Griswold

Question: I own a single-family dwelling that I am currently renting. Last week, when I was going over to the rental to perform some requested maintenance, the tenant mentioned that water was overflowing from the roof onto the front porch. "[This is] the same problem as last year," was the tenant's comment. This is the first time that she had bothered to mention this to me. When I arrived at the property, the gutter was plugged and water had been running over the side of the flat roof onto the front porch. This excessive water had caused dry rot to form on the corner of the roof where the downspout is located, so obviously the problem had existed for some time. Also, the water has damaged the front door. Who is responsible for maintaining the downspouts, the tenant or the landlord?

Property Manager Griswold replies:

Unless there is a specific written agreement, the landlord would generally be responsible for maintaining the building systems such as gutters. This does not mean that the tenant does not have any responsibility to either make sure that the gutters are clean or notify you if they are not, but ultimately the landlord is the one that needs to make sure the gutters and other aspects of the building are periodically inspected. You also do not really have any viable recourse for the tenant's failure to notify you of the problem last year. This is why it is important to reach a mutual written agreement incorporated into your lease that provides you the right to access the property (interior and exterior) on at least an annual basis for purposes of inspecting and repairing the property. This is a win-win for the landlord and tenant, but very often overlooked, thus resulting in tenants who suffer from a poorly maintained property and landlords who end up paying much more down the road to make repairs upon tenant turnover.

Copyright 2006 Inman News

Homes Rented Daily
Landlords! Reach thousands of renters now. Search renters free.