In New York, tenants have the right to privacy within their apartments or rental homes. There are certain circumstances under which a landlord can enter an apartment. However, in general, landlords are expected to leave their tenants alone in their rental homes.
Under New York law, there are three reasons that a landlord can enter into a tenant’s apartment or rental house: to provide necessary repairs, in accordance with the terms of the lease, or to show the apartment to prospective purchasers or tenants. However, the landlord must give reasonable prior notice, and must enter at a reasonable time. For example, the landlord couldn’t give a five minute notice, or enter the rental unit at 2 a.m. to make the repairs.
The only time a landlord doesn’t need to get the tenant’s consent or give notice to enter into an apartment, is in an emergency. For example, if a landlord sees a rental unit on fire or with burst pipes, he or she does not have to give notice to the tenant that he plans on entering the unit to fix the problem. However, a landlord can’t abuse this power in order to harass a tenant.
In addition to state laws about the right to enter into a rental unit, there may also be local laws that limit the rights of landlords to enter into an apartment. For example, in New York City, access for non-emergency repairs requires a minimum of one week’s advance written notice. In New York City, access for inspection requires a minimum of 24 hours advance written notice.
If your landlord is coming into your apartment or rental home without notice or permission, you have legal options. Depending on the circumstances, you may wish to break your lease and get your security deposit back.
To learn more, call the New York landlord/tenant attorneys at Friedman & Ranzenhofer at 585-484-7432. We will help you with your legal problem. Call us today.
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