Can a landlord come into your house saying there might be a leak but instead of checking, push open your bedroom door and throw a 3 day notice on your desk?

Asked on June 28, 2012 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, the landlord may not do this, though for a single instance, there is effectively no compensation you could sue for and receive--that is, even if what the landlord did was wrongful, you could not recover any money.

Note that even if you have been provided with the notice, you can only be evicted if grounds exist for eviction. If you have a written lease for a definite time, you can usually only be evicted for nonpayment of rent; habitual late payment; violation of other material (important) lease terms; grossly negligently or intentionally damaging the property; threatening the landlord, his/her family, or staff; disturbing the peace of other tenants; or when the lease expires. If you have done these things, then the landlord can most likely evict you; if not, he should not be able to.

If you have a written month to month lease or an oral/verbal lease, in addition to the above, your tenancy could be terminated and you could be evicted on 30 days notice.

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