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Landlord Right to Entry

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Landlord Right to Entry

Postby JaneB82 » Tue Dec 27, 2011 11:48 am

I read that in NYC the landlord must give 24 hours notice to enter an apartment.

What if the tenant was subletting from an agency that was renting from the landlord (who has now ended their lease), the tenant is moving out, and the landlord now claims the right to entry without 24 hours notice? Can the landlord now enter the apartment any time he wants (or show it any time he wants)?

The tenant has paid rent until the end of the month, so why does the landlord claim he can disregard the 24 hours notice because he is the owner?
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Postby TenantNet » Tue Dec 27, 2011 12:19 pm

Given what you said above, you do not have to give the LL access absent proper notice unless there is a bonafide emergency. Some LLs will invent emergencies. Do not fall for that. A broken steam or water pipe (with water coming out) is an emergency. But they can turn it off in the basement.

Look at the landlord access rules in the forum's reference section (link above). The access rules depend on the type of access sought, i.e., repairs, inspection, etc. But all must be in writing.

There's really nothing they can do until after the first. Again, unless there's an emergency, do not let them in and make sure the door is locked- and they don't have a key. If they do get in, call the police.
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Postby JaneB82 » Tue Dec 27, 2011 2:53 pm

Thank you.

Does that mean that the tenant is not required to allow the landlord or real estate agents to show the apartment to prospective tenants?

The landlord and the agency have insisted on an almost perpetual open house to show the apartment, sometimes with only a few hours' notice. Is the tenant required to do this? The agency has agreed to 24 hours' notice after the tenant finally insisted on it, but the landlord is still sending people on short notice and stating he "will not play this game" if tenant asks for 24 hours.
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Postby TenantNet » Tue Dec 27, 2011 3:56 pm

It means they have to give proper notice. Read the access rules.

And practically speaking, if you're moving out at the end of the month (Saturday), there's nothing they can really do even if you decided to get obstinate.

Bottom line, you can tel the people to go away. If they or the LL try to force it, then call the police. If need be, change the locks to protect yourself.
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