Gutters can often get overlooked as they are found at the top of a house and often are not even noticed until a problem has occurred. A clogged gutter can cause a lot of problems, such as a flood in the basement, a rotted soffit, or even an icy sidewalk which can cause serious injury. Many people do not even realize that the landlord could be held responsible for any damage that is caused by a clogged gutter, as they are typically considered to be part of the upkeep of a property.

Why does gutter maintenance matter to the landlord?

When a tenant damages interior walls or flooring as a result of a clogged gutter, the biggest problem for the landlord is not usually the cost of the repairs themselves but rather the arguments with the tenant about who was responsible for cleaning the gutters in the first place.

The default responsibility for the maintenance of gutters on a rental property typically rests with the landlord. As most leases do not make specific reference to the gutters, this is typically defined by the terms of the lease or by the landlord’s responsibilities under the terms of the implied warranty of habitability. Under Connecticut law, that duty covers everything from major systems down to the exterior condition of the home. As such, over-flowing gutters, pulled away fascias and foundation damage caused by gutters would all be considered to be issues that affect the habitability of a rental property and, therefore, the responsibility of the landlord.

Like other unclear maintenance duties, an unresolved gutter problem can escalate quickly. A tenant may consider filing a complaint with the local authorities, withhold rent from the landlord, and pursue repairs and even deduct the cost of repairs from the rent if the landlord fails to maintain the gutters. All of this is avoidable if the landlord takes clear ownership of gutter upkeep from the start.

This is where the disputes can get very costly. The gutter will overflow in a matter of weeks or even less depending on the severity of the clog. The water can travel under the roof and into the attic and from there into the walls and floors of the home. In some cases, the water can travel down the exterior of the home and cause significant damage to the foundation and/or walls of the home. The tenant may claim that their personal property was damaged in the incident and seek compensation from the landlord for the repairs.

Landlords frequently argue that if a tenant had noticed that there was a problem with the gutters then he or she should have reported it to the landlord before. In contrast the tenant argues that he or she had no idea that the gutters were clogged. Most such disputes are prolonged as each side has valid points.

Note that among the most common and expensive homeowner’s property insurance claims are those that incur water damage. Many of these are the type of problem that a tenant could cause as well, and as with any claim, the insurer will check to see if the landlord has taken reasonable steps to maintain the property and in particular to clear the gutters and downspouts. Thus the landlord must be able to produce evidence of regular clearings of the gutters, downspouts and of downspout extensions, and so on.

During cold weather, overflowing gutters can send ice and water pooling onto walkways and driveways – and the resulting slip-and-fall injuries can create serious liability for landlords.

This risk is well documented – slip and fall injuries on rental properties are a leading cause of tenant and guest injury claims. If a landlord knew of a problem with their property, such as clogged gutters, and failed to maintain them to prevent an injury to a tenant or guest, the landlord can be held liable for any resulting injuries. The damages for personal injuries can be very substantial.

Keeping documentation of your gutter cleaning schedule is one of the best ways to show you took reasonable care of the property before an incident occurred.

Creating a defined maintenance schedule, and logging every task, is the best protection you have as a landlord. For gutters, that means:

• Cleaning and inspecting gutters at least twice per year, usually spring and fall
• Checking downspout connections and extensions after major storms
• Documenting each service visit with photos and receipts
• Addressing any gutter repair issues promptly rather than deferring them

Having a paper trail of proof to show that your gutters have been properly cleaned and serviced can go a long way to prevent a fight with a tenant. In addition, it will provide sufficient proof for an insurance company of the proper care and maintenance of a property in the event of a water damage claim.

Having gutter cleaning and maintenance for your rental properties scheduled and done on a regular basis can in the long run actually save landlords a lot of hassle and problems with their tenants. Companies like WeLease Property Management and Concept 360 approach this by scheduling all of the necessary maintenance and repairs to rental properties, inside and out, including regular cleaning of gutters and downspouts to make sure that they are flowing properly and not clogged with debris.

It can be reasonable to make a tenant responsible for clearing debris from easily reachable, first-floor gutters, but that arrangement needs to be spelled out in the lease, not left to a verbal agreement. Even so, gutter work carries real injury risk, so most landlords are better off keeping structural exterior maintenance – and the liability that comes with it – on their own side of the ledger.

If a lease does assign the tenant some cleaning duties, it should stick to surface-level tasks – clearing debris and reporting problems – while structural exterior maintenance stays with the landlord. Even simple gutter-clearing tasks carry fall risk, though, so one option worth considering is installing leaf protection to reduce how often gutters need to be cleared in the first place, which can simplify maintenance responsibilities for all parties.

It is very easy to prevent damage caused by clogged gutters and create a whole lot of trouble instead by failing to perform routine upkeep on your rental’s exterior.

Getting regular gutter cleaning done by professionals and keeping good service records will be the easiest way for a landlord to prevent any interior water damage and the ensuing problems. By having a good routine of gutter cleaning and repairs in place, and having a proper lease agreement in place, a landlord can minimize disputes before they start. Pair that with a good property management company, and you’ll be well prepared for whatever comes up.