What are my rights?

[andi_3k]

I am a single woman living in Western NY. My landlord is selling my home, and wants to show it. He refuses to let me stay home while he has people here. He has insisted that I leave coffee and snacks, toys for the children, and allow everyone who is here to use my computer and television. I have small, valuable antiques. It would be very easy for someone to take one without anyone seeing. I want to be present when he shows the house. I have heard that my landlord must notify me 24 hours in advance, and I have the right to be present to protect my property.
Can someone please tell me which part of the law covers this, and give me the text, so I can show it to my landlord?
Thank you.

[Downtown]

Call a local realtor and ask them what the guidlines are for showing and notification. Read your lease to see if this is mentioned. Could also call a local tenant atty and ask.
That said you could pack up your valuables..unplug computer, tv., etc. Obviously no baking of cookies.
Are you moving or is the house being sold to new LL.

[HardKnocks]

Put everything away that could be surreptitiously swiped.

And your landlord has no right to expect you to feed, entertain or otherwise accommodate people coming to see your place. Why would they need to use the computer or TV unless the place comes furnished with these things? Keep the TV and computer OFF. Better still, unplug them and disconnect any helpful cables and wires. Coffee, snacks and TOYS? Don't even get me started.

[andi_3k]

Originally posted by Downtown:

Are you moving or is the house being sold to new LL.

The house is being sold to a new landlord.

[andi_3k]

Why would they need to use the computer or TV unless the place comes furnished with these things?

He wants these things available to the CHILDREN so that "they don't get underfoot while we talk to the parents" No they don't come with the appartment, but if I leave the house he will be allowing them to use them at will...and has made this perfectly clear. In his words "It's my house and **I*** say what will happen, I don't care if you object."
A real piece of work, eh? I really don't trust that if I leave that I will have anything left when I return. The last time this man was in the house when I was not, I returned to find my computer trashed and craft supplies stolen ...and I am not talking crayons and paper, I am talkinng silk threads, hand-woven, hand dyed lines and the like...total losses were over $500.

When I spoke to him again this morning He stated he expects to be able to come in anytime he wants, and that I need to be gone every weekend from 6am to 11pm so it can be shown I am hoping to find a legal way to stay while the house is being shown...and to limit the times and total hours he can take out of each day. And to have him give some sort of notice befor he can come over...for most things I know he has to give 24 hours notice, be here at "reasonable" times and needs permission to enter if I am not home. I am hoping that there is some law that will give me similiar protections now that he is selling. I have no lease, so that would not help.

[HardKnocks]

He expects you to allow your computer to be used by strange children?? Piece of "work" is not the word for this guy.

Just because he's your landlord does not mean he is allowed to enter at will and offer the use of your belongings to strangers. He is entitled to enter your house without your knowledge ONLY in an emergency. Other than that, he is TRESPASSING. He also can't require you to leave your home for the weekend.

This is about the craziest thing I've ever heard. Surely there's a tenant lawyer in your area who can give you a low-cost consultation and arm you with all the legalese you need to combat this crazy SOB.

[BronxRenter]

This guy needs an attitude adjustment. The courts have ruled on this issue many times.

You absolutely have the right to be home, in fact you should insist on it. You have the right to be notified in advance, and you have the right to have the inspections occur at reasonable hours.

The snacks and computer stuff is absolutely ridiculous, this guy needs his ass spanked by a good nasty lawyer.

I had a LL tell me that he put the building up for sale and that I might see some real estate people around. What he didn't tell me is that he gave the real estate people the keys to my apartment and carte blanche to show my apt.

I had real estate agents letting themselves into my apartment whenever they wanted. After having it out with the listing agent she agreed to give me notice, after they renegged and an agent attempted to let himself in after I had just gotten to sleep after a 24 hour shift at the FDNY. I screwed the door shut with screwgun everytime I left the apt, and I refused to let any real estate person into the apt period. Would you believe the sold the building anyway?

[Cranky Tenant]

Send the LL a certified letter with delivery confirmation, outlining the days and times when it's convenient for you to allow access.

Let him know that he's rsponsible for any damage to your personal property and that you will hold him responsible for any damage or mess caused by the LL or his potential buyers.

If he wants to entertain or feed prospective buyers, he can do it at his own expense, elsewhere.

Pesonally I feel that any use of your personal computer is a potential invasion of privacy. Don't just unplug it, or make it unavailable - spell it out in writing.

For more information on this try searching all forums for "access:

<small>[ October 09, 2004, 10:54 AM: Message edited by: Cranky Tenant ]</small>

[Downtown]

Without a lease you are a MTM tenant. That means with 30 day writen notice, LL can terminate or raise rent. I hope you are looking for a new place. use your security deposit for the last rent. Chances are either he or new LL will do one of the above.
You are under no obligation to vacate for showing.I do believe that LL is required to give notice before entering (except for emergencies).
You could change a lock (leave it open when you have approved a visit).
Don't know if it is cost effective to hire an atty,when you could be terminated within 30 days.
Otherwise, stay if you can...at the least pack up all the valuables, disconnect computer/TV (remove remote).
Start looking.

[Anna]

Here in NYC, we have a local law (and sometimes the RSC and/or our leases) that controls LLs access to our homes for all purposes... http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=1;t=000792

You may have a similar local law.
Find a local tenants' rights org http://lawhelp.org/NY
or a local politician
or you local laws online
to see if you have one similar to ours.

If not, use the RCNY and RSC as guidelines to show your LL how unreasonable his requests to access your home and your personal possessions (way over the line!!!)is.

nb: in NY state, both LLs and tenants must provide 'one month' notice, not '30 days': see RPL 232-b (contrast to NYC's RPL 232-a) http://tenant.net/Other_Laws/RPL/rpl07.html