Landlord Access (with Curious Lease Clause)

[modernity]

A good friend of mine received an email today and I am looking into this for her.

Her landlord has been a little pushy about wanting to show the apartment she is moving out of at the end of the month, and has attempted in the past to show the place with no warning, or when she has been out of the apartment.

Today, he emailed her what he claims is an excerpt from her lease which states: "Tenant gives Landlord and its real estate agents the right of entering the apartment, 25 days prior to the lease expiration without any prior notice to Tenant."

Now, I am not 100% positive this is indeed in the lease, and my friend is checking.

However, I looked in the reference section, and to me it would appear that such a provision in a a lease would be unenforceable as it would represent a de-facto surrender of ones right to privacy for the last 25 days of the lease.

I was wondering if anyone could provide anything more concrete in terms of examples or precedent, given that I have been unable to find any NYC law on what types of provisions regarding entry are valid in a lease.

Thanks for all your help — when I last had a question about my own lease renewal, which worked out perfectly and I was just getting nervous about, you guys were incredibly helpful, thanks again,

[TenantNet]

Read the applicable item in the reference section of the forum. And we've discussed access on the forum many many times. There must be advance notice, in writing, stating the nature of the access. That gives the tenant time to respond with an alternative offer. It can be a negotiation and the tenant can demand to be there. Also, given the tenant plans to move this month, realistically the owner's remedy is limited. I would also change the locks.

The only thing to consider is what happens to the deposit.

[modernity]

Thanks for your quick response, though I am still unclear. I had read the reference section and aware it says that universally if the law is more favorable to the tenant, then the law is followed. However, it seems as though there is an absence of law — the laws cited cover repairs, and inspections, but does not cover showing the apartment for future let. While this mean they have no specific enumerated right to do so, it could also mean the law does not explicitly cover it if the tenant waives it in the lease?

I have been looking, but unable to find other postings that deal specifically with the legality of certain lease provisions, and the landlord citing them as grounds for entrance.

I understand that due to the time frame, the landlord has very little recourse, but I think she's hoping to not have to end up taking the landlord to court for the security deposit, and so would like to approach it firmly, but amicably, in the hopes of not having to simply lock him out.

[ronin]

In the absence of specific and enforceable terms in the lease on the point of "showing the apartment" that would not be a valid grounds for entering an apartment (in general). The tenant is the person in control until the lease expires. The space is the tenants. If the LL wants to show the apartment, the LL has the freedom to do so if the tenant lets them. A good way to secure the tenant's cooperation is for the landlord to offer the tenant a few bucks for the their trouble.

I would recommend changing the locks just for privacy's sake. Unless the landlord agrees to pay $50 for each viewing (not to exceed ten minutes) I would refuse to let them in. Otherwise, let the LL wait to show the apartment after the lease runs out. Besides, the LL is required to paint the apartment between tenants so the place isn't ready immediately anyway (I know this is true of regulated, but I think it was applicable to all apartments). What's the point of showing it with your friend's junk in it anyway?

[TenantNet]

The section of the RSC below covers showing the unit. While it appears to limit the requirement to prospective purchasers or mortgagees, it might be interpreted to also apply to new tenants. Even so, this is for regulated tenants, which is not the case in this thread.

NYC Rent Stabilization Code
Subchapter B of Chapter VIII of Subtitle S of Title 9 NYCRR

§ 2524.3 Proceedings for eviction--wrongful acts of tenant

(e) The tenant has unreasonably refused the owner access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or authorized by the DHCR, or for the purpose of inspection or showing the housing accommodation to a prospective purchaser, mortgagee or prospective mortgagee, or other person having a legitimate interest therein; provided, however, that in the latter event such refusal shall not be a ground for removal or eviction unless the tenant shall have been given at least five days' notice of the inspection or showing, to be arranged at the mutual convenience of the tenant and owner so as to enable the tenant to be present at the inspection or showing, and that such inspection or showing of the housing accommodation is not contrary to the provisions of the tenant's lease or rental agreement.