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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.