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What are reasonable hours for landlord access?

Rights for non-regulated tenants

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What are reasonable hours for landlord access?

Postby flagler1 » Wed Mar 09, 2011 1:01 pm

I notified my landlord that I will not be renewing my lease (I still have 3 months). The landlord wants to sell, and has asked me to allow a RE broker to show the apartment.

I have said that I will permit the broker to show the apartment in the daytime during the week when I'm not home (between 9a-5:30pm), and also agreed to permitting the broker to host an open house every other Sunday. However, the landlord is insisting that I allow showings in the evenings at least 2 nights a week.

I have no desire to have people disturbing me in the evenings. Looking at my lease, it says I must provide access during reasonable hours and with reasonable notice. The question remains, what are reasonable hours? Can I tell the landlord no? I feel like I'm providing adequate access. The only way I'm inclined to allow showings in the evenings when I'm home is to be compensated somehow (thinking a set amount off the rent for each evening I'm disturbed).
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Postby TenantNet » Wed Mar 09, 2011 1:57 pm

I would NEVER allow access when your are not there. People have sticky fingers. But that's your call. it seems to me you are being very reasonable.

See the rules for access in the Forum's Reference section. Access is often a negotiation.

One solution is to take away the Sunday showing and give him one evening every other week in a two hour window.
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Postby flagler1 » Thu Mar 10, 2011 4:24 pm

So I said no to my landlord. My landlord in turn said that they spoke to their attorney, who stated the "reasonable hours" goes until 6:30pm.

From your reference section, I read the following, which says 9am to 5pm:

28 RCNY § 25-101. Owner’s Right of Access.

(d) Hours when access to be permitted. Except in emergencies, access to an apartment, suite of rooms, or rooms, shall be limited, to the hours between nine antemeridian and five post-meridian. Access shall not be required on Saturdays, Sundays or legal holidays except in emergencies.

So who is right?
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