We are renting a house in New York and are having trouble with iur landlord. She had leave today for 4 hrs so she could show the house to some one else (we are miving Nov 1st). The house is awful, the city inspector deemed it a safety hazard. We received a phone call from her at 7pm this evening saying we had to get our cars out of the driveway by 8am tomorrow (Sunday) so it could be sealed. I thought she had to give 24hrs and do it only during normal business hours (M-F 8-5)
State/Country relating to question: New York
Good evening. A landlord does not have the right to enter the premises with the intent to harass the tenant. The landlord may enter with the permission of the tenant and with reasonable prior notice to (1) provide necessary or agreed upon repairs or other services; (2) if it is in accordance with the lease; or (3) to show the apartment to people who may be perspective purchasers or future tenants. The only time a landlord may enter without permission is in an emergency or if the tenant has abandoned the premises. Emergency situations may include a fire. The landlord also may not interfere with cable television installations. Public Service Law 228. Reasonable notice is generally considered to be at least 24 hours and during normal business hours, but it is not statutorily defined.
Further, with every rental comes the implied warranty of habitability, which includes the right to the safe, healthy, peaceful and quiet enjoyment of your rented premises. If constant showings or other intrusions result in a situation where you are not being afforded such enjoyment of your premises....the landlord is breaching the implied warranty of habitability. This puts the landlord in default. You should send the landlord a certified, return receipt requested letter notifying the landlord of this default and demanding that the situation be remedied immediately, which needs to include paying you for a reimbursement of a portion of your rent to date to compensate you for the reduced value of your rental property due to the problem, and to either reduce your rent going forward or pay you for temporary living expenses, your option, until the problem is fully remediated . Inform the landlord that otherwise you will terminate your lease due to the default effective as of a specified date. Demand that your security deposit be refunded in full and that you will be making a determination and providing notification shortly of any damages you have suffered as a result of the default.
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Texas lawyer for 32 years; Also RE developer
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