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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38237
Experience:  Attorney over 17 years, landlord 26 years
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Would prefer Barristerinky attorney to handle this as he

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Would preferCustomerattorney to handle this as he answered a related question previously.I am in a situation with a landlord in New York State who has proven to disregard tenants' rights. It is easy to show that is the case because 1) She attached her pool equipment to my electric meter and 2) it took her 3 months to replace a broken stove. There are other issues, although the two previous are easy to prove through documentation and emails/text. She has also rented out a cottage that had major work done without permits, installed a faulty heating system, etc. etc.Most recently we could not come to agreement on renewal terms - me asking for a rent reduction in return for work I would do to improve the space and she demanding that the rent stay the same. Therefore I have decided to move on. The decision is being made 2 months and 3 weeks before the expiration of this lease, November 31.I told her I will not allow her to show the premises until 2 months before the expiration because she has proven to be untrustworthy and disrespectful towards tenants (I have emails and letters from a previous tenant also stating she disregarded their rights as well, and who are willing to give testimony to that effect). I said she can show M-F, 8 a.m. to 5 pm and not on weekends starting October 1.Two days after telling her she can start showing no earlier than Oct.1, she texts me and says she will be showing this coming Monday, September 18 at 3:30 - that is nearly two weeks before the start date I set of October 1.I have attached a snapshot of the clause in the lease that refers to landlord showing the premises.Can she really show it and if so, will it give me grounds for cancelling the lease and withholding rent?Thank you.

Hello again and thanks for requesting me..

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Is there anything in the lease that says when she can start showing it or puts limits on the time before expiration?

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Or is that clause the only part of the lease related to her access rights?

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thanks

Barrister

Customer: replied 1 month ago.
Nothing that I can see. I've attached three other clauses but they probably don't apply.
Customer: replied 1 month ago.
I can't tell if you've received three additional clauses the just answers site does not confirm any but 1 upload.
Customer: replied 1 month ago.
There are a total of three images I just uploaded which makes four total.

Ok, that is exactly the clause I was thinking of... the quiet use and enjoyment clause.. If you want my straightforward opinion... the landlord can legally show the apartment as long as they have give you at least 24 hours notice prior to any entry and it is during normal business hours.

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NY doesn't have any state statutes regarding access rights of landlords so it depends on the lease and common law, which requires 24 hours advance notice and only during normal business hours..

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But they don't have the right to breach the lease and your rights to quiet use and enjoyment or "sole use and possession" so it gets into a grey area here..

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If they show it once or twice a week, that is probably not a breach, but more than that, you can probably refuse as it would be an unreasonable infringement on your usage rights.

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But you can't ban them entirely since they specifically reserved that right in the lease..

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thanks

Barrister

barristerinky and other Landlord-Tenant Specialists are ready to help you
Customer: replied 1 month ago.
ok. thanks for that.

Thank you very much for the positive rating and generous bonus, it is greatly appreciated!