Am I allowed to take down a gate at my rental & not put up another one?
The property was rented out with a gate across the driveway; however, the gate is getting old & a new one needs to be installed. This will cost a lot of money I don't have, plus I'm having trouble with the tenant allowing access into the backyard. It doesn't say anything in the rental agreement about the place including a gate.
The tenants are on a month to month lease.
- babyboomer1001Lv 76 months ago
It's your property - you have every right to remove it and you are under no obligation to replace it. If they want a gate, tell them they can pay for one themselves, size, materials, installer approved by you, and you get a key.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- 6 months ago
NO. The landlord or manager is the only one who can replace the gate.
- InLv 76 months ago
If the tenants are renting month to month and there is no lease agreement, then you have the right to make any improvements to your property. You are only required to give notice if you need to go inside the house, but it would be nice to let the tenants know you are coming over to do yard work.
- Anonymous6 months ago
Nothing last forever & things need to be replaced so take it down immediately before it cost you more money especially if someone gets hurt
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- SimplytheFACTSLv 76 months ago
it is obviously included in the rent. when the tenant rented the property the price they agreed to included the security of the gate. You need to give them legal notice it will no longer be included. in most states that is 1 full rental month, so if you notify them in July, you can take it down in September.
if its an immediate danger, you can remove it right away and compensate them for the lose, maybe 1-5% of the rent.
i don't see why you have an access problem, you should have a key and be able to open it.
you could issue a cure or quit notice for blocking the driveway and evict.
you could send written notice to change in terms of lease, instituting a fine when access is denied. charge them full cost of the visit from the gardener or handyman.
if you want them out, and tenant laws don't offer any protection against lease termination for no cause....just send a notice to terminate tenancy. In NJ for example, you could not do that unless you have established they are a nuisance by blocking the drive way.....you would need to give them notices about that 1st and move to terminate based on that.,
you can tell the tenants to pick a time that is good for them to have the gardener come.....when the cars wont otherwise be in the driveway (during normal business hours), that way they have no excuse as they picked the time.
- Landlord365Lv 56 months ago
Yes you can. A gate is not a legally required essential service. It is an amenity. On a month to month an amenity can be removed at any time with proper notice to the tenant.
- R PLv 76 months ago
Give your tenants proper notice that you are removing the gate (look up your state's laws to find out how much notice they are entitled to), then remove it. Their choices at that point are to either accept the change or give notice & move.Source(s): FL landlord
- 6 months ago
Yes, you certainly can.
- regeruggedLv 76 months ago
Yes, take it down. It can be a safety hazard.
- KatieLv 66 months ago
You can, just do NOT throw the existing one away.