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Old 08-20-2011, 05:03 PM
 
Location: NY,NY
2,896 posts, read 9,813,232 times
Reputation: 2074

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Below is from the same site, laws and regulations often have certain characteristics unique in application to NYC.

A tenant is NOT obligated to 'show' an apartment, nor or they obligated to allow the apt to be shown by the LL or his Agent.

The LL nor his Agent cannot enter an apt w/o permission of the tenant, unless entry is necessitated by an emergency.

@sheaosarus

You might wish to make yourself aware of certain laws which can relate to your capacity as Agent. Acting as Agent you can put yourself in positions where you can be found personally liable.

For example, you enter an apartment w/o permission, and afterward there is claim of missing cash and/or damages. You can and likely w/b made a party to a Suit to recover damages. Perhaps even criminal accusations. JFYI.

A LL tells you you can enter an occupied apartment, it w/b smart to ensure he has the tenant's permission, and to receive that advise in writing.

My Rights as a Tenant

Owner Entry

In New York City, owners may enter a tenant's apartment for three general reasons: emergency repairs, non-emergency repairs or improvements, and apartment inspections. Emergency repair requires no advance notice to the tenant. However, access for non-emergency repairs and improvements requires a minimum of one week's advance written notice, and access for inspection requires a minimum of 24 hours advance written notice.
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Old 08-20-2011, 07:34 PM
 
1,228 posts, read 1,928,823 times
Reputation: 589
yeah but it has to be supervised. the landlord can just let strangers into a apt ALONE with out the tenant or someone from building mgt to go in with them.
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Old 01-03-2012, 03:26 PM
 
1 posts, read 1,647 times
Reputation: 10
What's the purpose of one months notice and security if landlord can not show the apartment?
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Old 01-05-2012, 07:59 AM
 
Location: Manhattan
25,368 posts, read 37,078,660 times
Reputation: 12769
I have always found what sekhmet said to be true:

WITH REASONABLE NOTICE.

So no, a landlord cannot show your apartment any time he pleases.

Most courts in most states seem to agree that 24 hours is reasonable notice.
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Old 01-05-2012, 11:20 AM
 
1,119 posts, read 2,653,832 times
Reputation: 890
Why would a landlord or a broker want to show the apartment in the last month before old tenant moving out? It is in bad shape if not chaotic. It will give new tenants a very bad impression.
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Old 01-05-2012, 11:26 AM
 
1,521 posts, read 1,817,229 times
Reputation: 1578
I can't believe a landlord would allow someone to roam your apartment on their free will. The landlord mine as well rob you blind while you're at work and say a prospector did it. Unbelievable, I would be furious! Let alone violated.
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Old 01-05-2012, 12:53 PM
s06
 
105 posts, read 256,453 times
Reputation: 88
I felt violated when one landlord showed prospective tenants the house my parents were renting while I was at home, alone. He didn't give us any 24-hour notice that he would do this, so I was surprised and scared. I was a teenager at the time and my parents were out, so I hid in a closet, hoping that they'd look around and then leave as soon as possible.

I had to listen to the family's children run around, shout, and open our bedroom closets as though the house were already theirs. Unfortunately, they opened the closet where I was, poked me (the mother thought I was a child's doll and told her children, "Don't touch other people's things," then realized that I was a real person, and finally left.

"I thought you were a dummy. You know, a doll," their mother said. Then they had the nerve to ask me if everything was alright. I was alright until all of them suddenly barged in!

I can't believe that I grew up believing that all adults were smarter than me and practiced courtesy; I feel as though I've had to raise myself.

Last edited by s06; 01-05-2012 at 01:05 PM..
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Old 01-05-2012, 04:24 PM
 
Location: Manhattan
25,368 posts, read 37,078,660 times
Reputation: 12769
I was once shown an apartment (that I took) while a family of 6 were having dinner. I felt completely awkward violating their privacy.
They were polite...I was polite, but the whole scene was terrible.

The worst part is inspecting people's closets that are full of clothes while the tenant is standing right there. But you cannot very well rent an apartment without checking out the closet space.
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Old 01-05-2012, 08:30 PM
 
Location: Brooklyn New York
18,471 posts, read 31,638,910 times
Reputation: 28012
In our building the tenants move out, the LL has his boys come in to paint the apartment, and poly the floors.

Then as soon as the paint is dry they start showing the apt. No problems here, they get rented by the next month.


This method works just fine here in Brooklyn.
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Old 01-05-2012, 10:16 PM
 
Location: NY,NY
2,896 posts, read 9,813,232 times
Reputation: 2074
Quote:
Originally Posted by Honestmike07 View Post
What's the purpose of one months notice and security if landlord can not show the apartment?
First, Security is NOT rent, and cannot legally be used as such. The amount required by a LL to to held as 'security' against any damage to property (the apartment) is the LL 's descretion. One month's rent is 'custom' here in NYC, but is not so in most other places. The security amount can be any amount the LL requires from 1 week to 12 weeks to whatever the LL and tenant agree upon.

Second, '30 days notice' allows a LL to prepare for a tenant's vacation of his property, the termination of the lease agreement, and the final requirements thereof.

For example, within the final 30 days, the LL and tenant need to make arrangements for the final 'inspection' of the apartment, and agreement upon damages, if any.

The LL and tenant need to make arrangement for the return of the property keys and/or to insure that the property has been vacated as agreed, on the final date. (As a tenant, if you do not **formally** do this, you can be held liable for continued rent, even if you 'feel' you don't live there anymore.)

For example, if you do not return the keys and/or leave *stuff* in the apartment, leave *roommates* behind, etc., a tenant can be found liable for rent, until the keys are returned and/or the 'stuff' and/or 'roommate' is/are removed.

Also, the 30 days allows for the LL to make preparations to make the apartment 'ready' to be rented at the earliest possible moment AFTER the tenant has vacated.

Vacate on X date, the LL can be in there, cleaning, renovating, showing, as soon as you turn over the keys. For example, vacate the morning of X date, the LL can be in and working, the afternoon of X date.

The above is just some of the basic intent of the 30 day requirement.

****

The fact of the matter is that the tenant and LL have a CONTRACT which gives the tenant the right to utilize the property to the tenant's interest as allowed by the contract lease agreement.

ONLY what is stated within the four corners of that document is allowed, AND everything in the document MUST be legal under the law.

So, from beginning date to end date, the tenant has full and complete right to the apartment.

The Landlord's ONLY right to enter the apartment is upon emergency and for repair and/or renovation.

NOTE, repair and/or renovation MUST be NECESSARY!!! The LL does not have a right to inconvenience a tenant indiscriminantly. If a tenant does not want a repair/renovation and the repair/renovation is not necessary the tenant can refuse. Just as a tenant can refuse to *show* the apartment.

(Many small LLs think that because they own the property they can do whatever they want, but the reality is that they have contracted many of their ownership rights away

Similarly, many tenants think because they pay rent, that they *own* the property and have 'absolute' right to control the property. They do NOT!)

Last edited by jcoltrane; 01-05-2012 at 10:39 PM..
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