Legal Question in Real Estate Law in New York

Tenant Right to Privacy

I rent a house from an individual landlord, and I do not have a lease. I was informed last Sunday that the house was on the market and that they would like to show it to propective buyers that same afternoon. The prospective buyers were 45 minutes late, which seriously inconvienced me and my family. Also, we have been having problems with our water, which the landlord has not fixed. What are my rights- I have already located a new home that I will be moving into at the end of next month- Can I not pay my final month rent for my inconviences? What do I do about the prospective buyers not arriving on time, can I then turn them away?


Asked on 11/09/01, 10:52 am

1 Answer from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Tenant Right to Privacy

While written leases often include a right to show in the final months, there is no statutory requirement for access other than emergency. While you may be within your rights in issuing a blanket refusal, you can expect significant friction including the landlord seeking his rents exactly on the first of the month, etc. As to deductions, only a court can determine if the rental value was reduced by a defect or inconvenience.

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Answered on 11/12/01, 8:06 am


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