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Re: Landlord wants to show apartment

Posted by Mark Smith on August 24, 1999 at 16:45:43:

In Reply to: Re: Landlord wants to show apartment posted by JP on August 24, 1999 at 15:06:19:

Refusing access seems to be a violation of your original lease, as extended into your month-to-month tenancy.

Has your landlord started legal action against you? Refusing access could be grounds to terminate the lease. In New York City, this could be cured, even after a judgment against you [RPAPL 753(4)]. But in the rest of New York State, that isn't the case. And it certainly won't look good to the judge if you refuse access.

You might be liable for lost rent if your refusing access delayed the landlord in re-renting. And last, check your original lease. You could also be liable for the landlord's attorneys' fees if you lose an eviction case in court.

: Is it illegal to not allow him in? If it is illegal then maybe I could convince my husband. He is insisting on not and I'm caught in between. There is no way that he will apologize to the Landlord because he doesn't feel he's in the wrong.

: : You are a month-to-month tenant. Generally, the terms of the original lease carry over into the month-to-month tenancy.

: : Two weeks notice is a lot. Unless the original lease required written notice, a verbal notice should be enough. In view of the problems with you and your husband, I'm surprised that the landlord didn't send a written notice by certified or registered mail.

: :
: : : It's me again. The LL is pressuring me to
: : allow him to show the apartment. My husband has
: : already informed him we would call the cops if he tries. Can this hurt my case in court? My LL
: : states I am violating his rights. Can I hold him
: : off until this matter gets settled
: : : in court? What other options do I have. The
: : verbal agreement did not make any provisions for
: : LL entry but the original lease has a 4 months
: : showing prior to end of lease with proper
: : notification. Does this have to be in writing or can he verbally give notice? He told us 2 weeks
: : ago.

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