Legal Question in Landlord & Tenant Law in New York

As a renter in upstate NY, is there any law, rule, or guidance dictating how much notice a landlord must give a tenant before entering the rental unit? My landlord is suggesting 4 hours notice is adequate, and I disagree. I was hoping to provide some guidance for his review. Thank you.


Asked on 7/06/10, 2:32 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

It is reasonable notice depending on the circumstance. There is no statutory law.

Mike.

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Answered on 7/07/10, 5:28 am
Graig Zappia Tully Rinckey PLLC

Under New York State Law, Tenants have a right to privacy in their apartments. The landlord may enter the tenant's apartment at a "reasonable" time and with prior notice in order to

Make repairs

Show the apartment to prospective renters and buyers

Do other activities mentioned in the lease

A landlord may not abuse the limited right of entry or use it to harass a tenant.

What is reasonable? Most jurisdictions deem reasonable to mean "24 hours" notice...but check your lease if you have one for further definitions of "reasonable".

In emergencies the landlord may enter the tenant's apartment without the tenant's consent (example: fire, burst pipes).

By way of background, our office is a full-time Real Estate firm that has years of experience in this realm. We handle these matters day in and day out. Please contact my office for further information. We would love to handle this one for you.

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Answered on 7/07/10, 5:45 am


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