how much notice?

[Mary Bell]

How many hours of notice is a landlord required to give a tenant before entering the apartment or having workers (plumbers, etc.) enter the apartment?

Example: If the landlord calls at 11pm on a Sunday night and says a couple of guys need to come in about 8am next morning, am I legally required to respond to that? Please advise.

Thank you.

[ChrisG]

in new york there is no set time (most other states specificy 24-hours' notice). i think the law states the LL must give only 'reasonable' notice. to some, this means knocking on your fornt door before barging in. my LL often does the cal-the-night-before thing and that's been okay for me. if you really have a problem with it, try asking yours for more of a heads-up. the worst he can do is refuse.

[Brooklyn Babe]

Brooklyn HP actions in Housing Court recognize 24-48 hours as reasonable. Unless a tenant is comfortable with less time or doesn't mind the LL being in apt. alone, the general rule seems to be 24 hours.
Keep in mind, that 24 hours notice still does not give them an absolute right to enter. If the time/date is inconvenient to the tenant, the tenant can request/negotiate a time that is good for both parties. Just make sure you have evidence (via written or taped phone) that you are not refusing them entry, and want the repairs done, but the notice is too short for you to make arrangements to be there and you can be available on the following dates (give about 5-7 diff. ones).

[Anna]

Yes, Mary Bell, there is a law in NYC that regulates landlord access. And, non, you do not have to allow access on notice shorter than what this law specifies. Just be nice about refusing....unless, of course, you've caught him sending people in without telling you. Then you should call the police (or threaten to): that's a criminal offense called trespassing.

http://tenant.net/.WWW/board/messages/arcs99/arcs9909/6676.html

RULES OF THE CITY OF NEW YORK
TITLE 28: Housing Preservation and Development
CHAPTER 25: Multiple Dwellings
SUBCHAPTER H: Owner's Right to Access to Apartments or Rooms in Multiple
Dwellings

28 RCNY § 25-101 (1997)

§ 25-101 Owner's Right of Access.

(a) Owner to give notice.Where an owner seeks access to an apartment, suite of
rooms or to a room, under the provisions of §27-2008 in order to make inspection
therein for the purpose of determining whether such places are in compliance with the
provisions of the multiple dwelling law of the administrative code, he shall notify the
tenants that he will seek access to the apartment, suite of rooms, or rooms, not less
that twenty-four hours in advance of such time. Where an owner, contractor or agent
of the owner seeks access to make improvements required by law or to make repairs,
notice shall be given to the tenant not less than one week in advance of the time
when the improvements or repairs are to be started. However, where repairs are
urgently needed in emergencies to prevent damage to property or to prevent injury to
persons, such repairs of leaking gas piping or appliances, leaking water piping,
stopped-up or defective drains or leaking roofs, broken and dangerous ceiling
conditions, no advance notice shall be required from the owner, agent, contractor or
workman.

(b) Notices to be in writing.Where an owner is required to give notice in advance of
seeking access to an apartment, suite of rooms or to a room, as required by
subdivision (a) of this section, such notice shall be in writing and shall contain a
statement of the nature of the improvement or repairs to be made.

(c) Authorization to be in writing.Where an authorized agent or employee of an owner
seeks access to an apartment, suite of rooms, or rooms, the authorization of the
owner shall be in writing and the agent or employee shall exhibit such authorization to
the tenant when access is requested.

(d) Hours when access to be permitted.Except in emergencies, access to an
apartment, suite of rooms, or rooms, shall be limited, to the hours between nine
antemeridian and five post-meridian. Access shall not be required on Saturdays,
Sundays or legal holidays except in emergencies.