My building management demands entry to my Apt when I'm not there. Can they? (apartments, renter)

[jonbenson]

I live in a 50 story apartment building.

They say they need to replace the intercom handset in all apartments.

Usually if you ask for any maintenance work they ask if they can come if you are not there. They get you to sign a form to permit access but you have the option to say they can only do it on a day and time you are there in the apartment.
I always prefer to be in the apartment and for years it has been no problem for them to come when I'm there. This time I'm not initiating a repair. They have a project to upgrade the intercom system.
Now they tell me that they need two days to cover my floor's intercom replacement but I'm working on one of those days. They say I can't pick the day, that they must be able to come at anytime during working hours inside those two days. They want me to sign the permission form permitting entry when I'm not there. They say this intercom system, for technical reasons must be replaced as a whole for the floor within those two days.

Is this legal? Can they can demand entry not my apartment if they need or want to come on the day when I'm working?

[antinimby]

Just the fact that they are asking you to sign a permission slip lets you know that they cannot do it against your will. Also, look at your rental agreement. Does it say anything about them having rights to come in your place without your permission?

[Henna]

I have no idea what your lease says, but I would imagine they are perfectly within their rights. They have a vendor who needs to complete the project within a certain timeframe. If you say "no" to their time frame, the project could get delayed entirely or will cost them much more money.

I am guessing since they have planned this in advance and are checking with you, that they can go in if they want. But you'd need to check your lease or find the appropriate tenant-landlord law to see what it says.

[Chava61]

As far I know usually they don't want to enter anyone's apt. to do maintenance work while the tenant or his/her rep. is in the apt. But sometimes the tenant (or their rep.) must be in their apt. according to the demands of the building owner/agent/maintenance people because the repair is time sensitive.

[reenzz]

Under NY law, the landlord can enter the unit for the following reasons...emergencies necessary or agreed repairs, alterations, or redecorations; exhibit property to potential tenants, buyers, workmen, mortgagees, etc.;

A reasonable notice must be given. Your permission is not required nor can you demand to be present.

[pureistheword]

Think of it from the other angle, the installer wants to do the job and be in and out - I do not think they and the landlord want to spend weeks on this working around everyone's "schedule"

[prettybaby80]

Originally Posted by jonbenson

I live in a 50 story apartment building.

They say they need to replace the intercom handset in all apartments.

Usually if you ask for any maintenance work they ask if they can come if you are not there. They get you to sign a form to permit access but you have the option to say they can only do it on a day and time you are there in the apartment.
I always prefer to be in the apartment and for years it has been no problem for them to come when I'm there. This time I'm not initiating a repair. They have a project to upgrade the intercom system.
Now they tell me that they need two days to cover my floor's intercom replacement but I'm working on one of those days. They say I can't pick the day, that they must be able to come at anytime during working hours inside those two days. They want me to sign the permission form permitting entry when I'm not there. They say this intercom system, for technical reasons must be replaced as a whole for the floor within those two days.

Is this legal? Can they can demand entry not my apartment if they need or want to come on the day when I'm working?

Read your lease, all they might need is to give you notice . Especially if there is an emergency which is why some buildings do not want tenants to change the lock without giving the office a copy.

[BugsyPal]

Originally Posted by jonbenson

I live in a 50 story apartment building.

They say they need to replace the intercom handset in all apartments.

Usually if you ask for any maintenance work they ask if they can come if you are not there. They get you to sign a form to permit access but you have the option to say they can only do it on a day and time you are there in the apartment.
I always prefer to be in the apartment and for years it has been no problem for them to come when I'm there. This time I'm not initiating a repair. They have a project to upgrade the intercom system.
Now they tell me that they need two days to cover my floor's intercom replacement but I'm working on one of those days. They say I can't pick the day, that they must be able to come at anytime during working hours inside those two days. They want me to sign the permission form permitting entry when I'm not there. They say this intercom system, for technical reasons must be replaced as a whole for the floor within those two days.

Is this legal? Can they can demand entry not my apartment if they need or want to come on the day when I'm working?

Basically you have to understand that as a renter you do not own the property, even in NYC where courts and statues bend over backwards to give tenants the appearance of such. Landlords/property owners have the right to access their property (apartments) under various circumstances with or without notice. Much of this is set out by law and may also be also clarified in a lease, shareholder agreement, etc...


YOUR HOME - Landlord Access Is Law - NYTimes.com


Your situation is not the same as say the LL needed to make repairs to your unit or access for similar reasons. Instead he is carrying out a building wide action for which the contractors have been engaged for certain days only. No contractor is going to sit around on a project to cater for every different tenant/resident particular wishes or whims (and living in NYC that would be a lot).


Several years ago our building had the intercom/buzzer system upgraded. We were informed of pretty much the same thing; all tenants would need to give access to their units on the scheduled days. Period, end of story. While many like ourselves prefer to be at home when "strangers" are in our apartments LL replied that wasn't their problem. The law and lease give them the right for access, and if we didn't comply there would be consequences. If you couldn't take off work, make arrangements for someone to stay in apartment again it didn't matter.


There is an old saying "one monkey don't stop no show..", It seems your LL is doing everything by the book in terms of serving notice and so forth. Unless you can find something in your lease that gives you the right to opt out of this request you need to either go with the flow or make other arrangements.




"In non-emergency situations, you have a right to enter the property to make necessary repairs at reasonable hours with reasonable notice. A tenant is required to give you reasonable access to perform repairs, make improvements, or for the purpose of an inspection. A tenant’s refusal to let you in can be grounds to bring an eviction proceeding. To learn how to start a holdover case by serving a notice of petition and petition,"

https://www.nycourts.gov/courts/nyc/...andlords.shtml

[jonbenson]

Well I don't like the answers but it sounds like I will have to conform.

I don't like the idea of a stranger having access to my apartment to look around anywhere they want, to look at any of my personal effects if they feel like.
You might say they wouldn't risk it. But some people do risk these things. It would be easy to get away with as long as they didn't spend too much time doing it.
I have lived here for 10 years and nobody to my knowledge as come into my apartment without me being there.

[BugsyPal]

Originally Posted by jonbenson

Well I don't like the answers but it sounds like I will have to conform.

I don't like the idea of a stranger having access to my apartment to look around anywhere they want, to look at any of my personal effects if they feel like.
You might say they wouldn't risk it. But some people do risk these things. It would be easy to get away with as long as they didn't spend too much time doing it.
I have lived here for 10 years and nobody to my knowledge as come into my apartment without me being there.

From a landlord's point of view they may not like a "stranger" living in their building but that is how they make money and people find housing. Your only option would be to purchase your own home (not a condo or co-op) where you are totally free to lay down the rules...


No one is saying you have to surrender free reign of your apartment to these workers. Take a PTO day, find a trusted friend, family member or other to be there while the men are present.


Do understand the source of your discomfort, which is why I simply take PTO or whatever day off from work when access is needed to the premises.