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Posted by Ace on August 01, 2001 at 17:06:32:

In Reply to: Landlord's Right to Access posted by Brian on August 01, 2001 at 16:07:36:

Have you tried writing LL that you would want a 24 hour notice for any entry other than emergency (what reasons you listed as emergency is right on target), with the stipulation that you must be there in order for LL to gain entry? You could go so far as to put the timeframe you'd like for this to occur or leave it open, by saying that the two of you could discuss a time convenient for both. Leave a number to contact you (even if it's just a voicemail). I would send it certified, return receipt. Make sure to keep a copy of it for your files. Putting your request in a short polite note would make a reasonable LL agree and start being more considerate.

What you were mentioning applies below. Whether a month to month tenant has the same rights as a rent stabilized or rent controlled tenant, I'm not sure. I'm sure someone will helpfully post that info:

General rules of entry: Tenants must permit entry for repairs and inspections -- New York City "Owner's Right to Access" law (NYC Admin. Code Section 27-2008)

prohibits tenants from refusing to permit owner, owner's agent or employee to enter tenant's rental unit FOR THE PURPOSE OF:

-- responding to emergencies
-- making repairs or improvements required by law or code, and
-- inspecting rental unit to determine if it complies with applicable laws and codes.

NYC Access Law REQUIRES landlords to exercise their right of access at a "reasonable time and in a reasonable manner." City regulation (28 RCNY Section 25-101 helps flesh this reasonableness requirement.

Emergency repair access requires no advance notice. Non-emergency repairs do NOT fall under this category.

Access for an inspection requires at least 24 hours' advance written notice to the tenant.

: Hi. I rent on a month to month basis in a 2 fam. private house and want to know about landlord access. My landlord has seen himself into the apartment on various occassions without issuing me any prior notice (not a phone call, not a note, nothing). I was always under the impression that the landlord had to give you at least 24 hours written or oral notice before he can enter your apartment unless it was a dire emergency like a fire, flood, police situation, etc.

: I read up on the issue in a NOLO book and the book says there is no law regarding landlord access. Is the issue of access addressed in case law? Or does the right to 24 hours of notice only apply to people in multiple dwellings/rent stabilized buildings?

: Any info on the subject, or a point in the right direction, would be appreciated.

: Thanks

Follow Ups:

• Re: Landlord's Right to Access In Reply to ACE BMcD 08/06/01 (2)
  • Ace, Link, one more thing BMcD 08/06/01 (1)
    • one more thing Ace 08/06/01 (0)

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Comments:
: Have you tried writing LL that you would want a 24 hour notice for any entry other than emergency (what reasons you listed as emergency is right on target), with the stipulation that you must be there in order for LL to gain entry?  You could go so far as to put the timeframe you'd like for this to occur or leave it open, by saying that the two of you could discuss a time convenient for both.  Leave a number to contact you (even if it's just a voicemail).  I would send it certified, return receipt.  Make sure to keep a copy of it for your files.  Putting your request in a short polite note would make a reasonable LL agree and start being more considerate.  

: What you were mentioning applies below.  Whether a month to month tenant has the same rights as a rent stabilized or rent controlled tenant, I'm not sure.  I'm sure someone will helpfully post that info:

: General rules of entry:  Tenants must permit entry for repairs and inspections -- New York City "Owner's Right to Access" law (NYC Admin. Code Section 27-2008)

: prohibits tenants from refusing to permit owner, owner's agent or employee to enter tenant's rental unit FOR THE PURPOSE OF:

: -- responding to emergencies
: -- making repairs or improvements required by law or code, and
: -- inspecting rental unit to determine if it complies with applicable laws and codes.

: NYC Access Law REQUIRES landlords to exercise their right of access at a "reasonable time and in a reasonable manner."  City regulation (28 RCNY Section 25-101 helps flesh this reasonableness requirement.

: Emergency repair access requires no advance notice.  Non-emergency repairs do NOT fall under this category.

: Access for an inspection requires at least 24 hours' advance written notice to the tenant.


: : Hi.  I rent on a month to month basis in a 2 fam. private house and want to know about landlord access.  My landlord has seen himself into the apartment on various occassions without issuing me any prior notice (not a phone call, not a note, nothing).  I was always under the impression that the landlord had to give you at least 24 hours written or oral notice before he can enter your apartment unless it was a dire emergency like a fire, flood, police situation, etc.

: : I read up on the issue in a NOLO book and the book says there is no law regarding landlord access.  Is the issue of access addressed in case law? Or does the right to 24 hours of notice only apply to people in multiple dwellings/rent stabilized buildings?

: : Any info on the subject, or a point in the right direction, would be appreciated.

: : Thanks


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