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Posted by TenantNet on November 18, 1997 at 08:00:26:

In Reply to: Lanlord apartment access posted by Steven Adler on November 04, 1997 at 21:48:16:

: I live in NY and my landlord has on multiple occasions entered my apartment without any notice. He said he responding to a possible leak. What is reasonable notice? What action can I take to prevent him from entering without notice in the future?

So what is a "possible leak?" Did someone complain from below? Is there
evidence? Landlords do have the right of entry a) on reasonable advance notice,
and b) to conduct repairs, make inspections or other legitimate purposes.
They can only enter unannounced in case of emergencies. "Possible" does
not sound like an emergency. I've seen "reasonable" notice defined different
ways, from 24 hours to 8 days -- depending on what law or jurisdiction you're
looking at. If you must take time off from work, then I would say 48 hours.
It should also be in writing. I would look at the Multiple Dwelling Law,
the Multiple Residence Law, or check your local municipal law. You should
write him a certified letter stating that he is prohibited to enter without
your permission and without you being in attendance, and that he
must give you advance written notice stating when the entry is requested and
for what purpose. Of course, real emergencies are different.

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Comments:
: : I live in NY and my landlord has on multiple occasions entered my apartment without any notice. He said he responding to a possible leak. What is reasonable notice? What action can I take to prevent him from entering without notice in the future?

: So what is a "possible leak?" Did someone complain from below? Is there
: evidence? Landlords do have the right of entry a) on reasonable advance notice, 
: and b) to conduct repairs, make inspections or other legitimate purposes.
: They can only enter unannounced in case of emergencies. "Possible" does
: not sound like an emergency. I've seen "reasonable" notice defined different
: ways, from 24 hours to 8 days -- depending on what law or jurisdiction you're
: looking at. If you must take time off from work, then I would say 48 hours.
: It should also be in writing. I would look at the Multiple Dwelling Law,
: the Multiple Residence Law, or check your local municipal law. You should 
: write him a certified letter stating that he is prohibited to enter without
: your permission and without you being in attendance, and that he
: must give you advance written notice stating when the entry is requested and
: for what purpose. Of course, real emergencies are different.



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