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My landlord and her daughter just barged into the apartment I live in without prior notice. They opened up the door and walked in, looking for my roommate.
Now, as recently as this weekend I told them, as a result of repairs that had to be done to the place, that they need to notify me in advance of anything like that. I very specifically told them that I need to know in advance because I work from home, and if I'm going to have people around, I need to know so I can try to find an alternate workspace for the day. I made it clear that I don't want to be interrupted while I might potentially be talking on the phone with my boss.
In the last two days, they have come by with absolutely no notice no less than three times, and now this, with letting themselves into the place.
I have so many other issues with this landlord, that I feel they are simply giving me material for a lawsuit. At this point, if that's at all within my right, I want to pursue this. Every time they do this they severly limit my ability to concentrate.
I should also mention that I have no lease and pay the rent month to month. Although that supposedly means I have no rights, I believe I do have some rights, and the violations here are egregious.
Does anyone agree? What could possibly be my next step? These people are truly awful.
Just change one of the locks so the only way to get access is for you to either be home and allow them in OR to leave that particular lock open to allow them in when you are not home. Just change one lock (or add one). I have no problem with allowing my tenant's to do this with the caveat that A: If there is an emergency and it is locked, I will break in the door and they will pay for replacement and B: If they forget to open the lock and I have a technician/repair guy there (when they agreed to leave it open of course), they will pay for his service call that day.
modsquad81 Is that correct?!? Can someone verify this? I am so so so waiting for a reason to exercise my rights. I don't want to go into the full ordeal here, but we have had to put up with an extraordinary amount, my roommates and I.
SobroGuy, what you suggest sounds perfectly reasonable. However, I don't feel I am dealing with reasonable people. It goes without saying that I am trying to move out as quickly as possible, but would like to protect myself in the meantime. If, in addition, I have some recourse to action of any kind, either now or even after I move, I would love to know about it. I can't get back the sleeplessness and aggravation I have been thorough with these people, but it would feel pretty sweet to slap them with some kind of hefty fine, or violation, or even a lawsuit if that's possible. As I said, there is more than just the barging in at issue here, but if that's what's going to do the trick then I want to pursue it. Background: the conditions of this building border on slums and I even wonder whether we can't get the building condemned.
Okay, thanks guys, but some practical advice for a non-dog person? I won't be there much longer, just want to know if I have grounds for, you know, getting the landlord in trouble.
Practical advice? Move. Luckily there is no contract keeping you there longer than a 30 day notice...don't waste your time trying to get even with them.
My landlord and her daughter just barged into the apartment I live in without prior notice. They opened up the door and walked in, looking for my roommate.
Now, as recently as this weekend I told them, as a result of repairs that had to be done to the place, that they need to notify me in advance of anything like that. I very specifically told them that I need to know in advance because I work from home, and if I'm going to have people around, I need to know so I can try to find an alternate workspace for the day. I made it clear that I don't want to be interrupted while I might potentially be talking on the phone with my boss.
In the last two days, they have come by with absolutely no notice no less than three times, and now this, with letting themselves into the place.
I have so many other issues with this landlord, that I feel they are simply giving me material for a lawsuit. At this point, if that's at all within my right, I want to pursue this. Every time they do this they severly limit my ability to concentrate.
I should also mention that I have no lease and pay the rent month to month. Although that supposedly means I have no rights, I believe I do have some rights, and the violations here are egregious.
Does anyone agree? What could possibly be my next step? These people are truly awful.
sadly my brain cells are refusing to give up my info on landlord/tenant law, but of this i am positive: the landlords have NO right to let themselves into your apartment, or to insist upon entering, except in an emergency... unless an l&t lawyer or tenant activist gives you a response, i suggest you simply google "tenant rights, nyc"...
but urban adventurer is right - if there's nothing big at stake here, it is not worth the trouble or the cost... you need to pay all court fees, which are unlikely to be reimbursed even if you win, and your "win" would likely be an injunction with no monetary award at all... furthermore, if your rental is in manhattan or staten island, courts overwhelmingly favor landlords... i have been involved in 3 l&t actions, and may shortly be involved in a fourth, so i know whereof i speak... unlike people who really are living in slums, you have options - use them...
RIGHT TO PRIVACY
Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an emergency, such as a fire, the landlord may enter the apartment without the tenant’s consent. A landlord may not abuse this limited right of entry or use it to harass a tenant.
Only in an emergency may the LL enter the apartment, such as a flood or fire, that kind of thing. Prior notice is usually interpreted as at least 24 hours with an agreed upon reason, by both parties, as stated above. There is no gray area that allows the LL some sort of "right" to enter as he did. What he did was not only illegal but criminal.
More importantly, if you choose to deny access for the legitimate reasons stated above he still doesn't have the right to enter. He may consider evicting you but under no circumstance is he allowed access without your permission or a court order accompanied by a marshal. (2 months at lease).
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