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What Are Rules About Landlord’s Right to Entry in NYC?

If you are a landlord in NYC, you will occasionally need to get into the dwelling that you rent out to someone else. At the same time, your right to entry should not interfere with a person’s ability to enjoy their home in peace. If you are a tenant and your landlord seems to abuse their right to entry, you should learn more about what is deemed acceptable behavior under state and city laws. A New York City tenants’ rights lawyer from our firm can help you figure out if your rights are being violated.

When Does a Landlord Have a Right to Entry?

A landlord does have a right to entry in certain situations. They can enter a rental unit when:

  • They need to inspect something
  • Something needs to be repaired
  • When maintenance is needed
  • When there is an emergency

They have the right to entry whether there is someone currently inside of the apartment or not. There is also not a set limit on how often they can enter for purposes like inspection or maintenance. If you have an issue, you would have to show that your landlord enters the property an “unreasonable” amount, and the exact definition of that can vary.

Does a Landlord Have to Inform Tenants Before They Enter?

Technically, there is no obligation for a landlord to warn tenants before they enter. However, 24 hours in advance notice is an expected courtesy in NYC. If a landlord enters without notice, they may have to show that there was an emergency.

Can I Refuse to Let My Landlord Enter the Apartment?

You can refuse to let your landlord in if they do not have a good reason to be on the property. However, if you keep denying your landlord access and they do have a valid reason to enter your home or apartment, like repairs that need to be done, your landlord could take legal action against you.

What If I Believe My Landlord Abuses Their Right to Entry?

If you believe that your landlord is taking advantage of their right to entry and interfering with your right to enjoy a quiet, safe living space, then you may have legal action. Document everything and make sure that you keep records of when your landlord enters without a valid reason or warning. If you have correspondence with your landlord, like emails or texts, save anything that can back up your assertions.

In some cases, it may be possible to get a court order that prevents your landlord from entering. You can also recover damages, if you can show that you should receive compensation for what you have experienced. You may also be able to break the lease, although this is often reserved for more extreme cases.

Contact Our Law Firm

You have a right to enjoy your rental property in NYC, so if your landlord is doing anything to interfere with that right you may have legal recourse. Contact Robert Rosenblatt & Associates to schedule a consultation. We can tell you more about your legal options and what our attorneys can do for you.

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