Legal Question in Criminal Law in New York

Enterned apt. After tenants changed the locks, now there are charges of breaking

I had to get access to my tenants apt after they changed the locks.. Now there are charges of breaking and entering, grand larceny.. He claims that he was robbed...

To date this tenant is late on paying his rent.. I know that he is moving and he had broken his lease by getting a dog and trying to use his security money as his last months rent...It states that he is suppose to give me thirty days written notice informing me that he is moving.. To date i have no notice.. I know however that he is moving..

What are my rights and what can be done to resolve this matter...


Asked on 7/15/01, 6:59 pm

2 Answers from Attorneys
Peter Bark Bark & Karpf

Re: Enterned apt. After tenants changed the locks, now there are charges of brea

as a landlord you have no right to enter a tenant's apartment unless there is an emergency situation, fire, gas person or animal in distress. Even if they do not pay the rent, you must bring eviction proceedings.

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Answered on 7/16/01, 4:01 pm
Garry Hanlon

Re: Enterned apt. After tenants changed the locks, now there are charges of brea

You probably did break the law by entering the

apartment without permission

This was probably only a trespass (misdemeanor)

or possibly a violation (unlikely) because of

a lack of intent to commit a crime (larceny)

Hire a lawyer quickly

when you entered. Tenants claim that you

stole property won't hold water as there

is no corroboration (discovery of property

in your possession)

You may give 3 day notice to demand rent

and if not received, then start eviction

proceedings for non-payment

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Answered on 7/16/01, 6:11 pm


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