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The landlady where I rent told me she's going into my apt.

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The landlady where I rent...
The landlady where I rent told me she's going into my apt. on Saturday I told her I didn't want her to and she said she could go in anytime. She can't legally do this unless there's an emergency and there's no emergency. What's the best way to bar her from doing this (on such short notice)?
Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
11/21/2017
Lawyer: KLAW, Other replied 8 months ago
KLAW
KLAW, Other
Category: Landlord-Tenant
Satisfied Customers: 2,375
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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G​ood morning. I am a legal expert/attorney who will assist you today. What state are you located?

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Customer reply replied 8 months ago
New York City
Lawyer: KLAW, Other replied 8 months ago

ok. I will work on your answer.

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Lawyer: KLAW, Other replied 8 months ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

First, you should review the lease carefully to see what it says about notice. Generally, the lease's language will control. Most residential leases, especially the "boilerplate" type, will say that the Landlord must provide at least twenty-four (48) hours written notice of an intent to enter for a general inspection.

So yes, under NYS law, you as a tenant have the right to privacy within your apartment. A landlord, however, may enter your s apartment with reasonable prior notice, and at a reasonable time, with your consent, either to provide routine or agreed upon repairs or services, or in accordance with the lease.

If you deny reasonable access, then the landlord must seek a court order to permit entry. In an emergency, such as a fire or water leak, the landlord may enter the apartment without your consent or prior notice.

You can inform the landlord that the notice is not sufficient and they are not to enter the apartment. If the landlord does enter without permission and notice, then you can call the police and file a report, and file an action in landlord tenant court for illegal entry into your apartment and ask for damages based upon the interference with your right to privacy, and illegal entry.

I hope this clarifies.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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Lawyer: KLAW, Other replied 7 months ago
If you have any other questions please just ask
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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