Can a landlord enter the apartment when the tenants are not home or must he call them first?

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Can a landlord enter the apartment when the tenants are not home or must he call them first?

Asked on December 2, 2012 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A landlord must give "reasonable" notice to enter a tenant's premises. Typically, this is defined as a minimum 24 hours (or more if possible). And a landlord can enter without notice if the is tenant present and agrees. Further, as a general rule, the days and times of entry must be during normal business hours (8:00 am to 6:00 pm, weekdays) unless the tenant agrees otherwise. Accordingly, as long as such notice is given, there can be entry. The reasons for entry include, but are not limited to, the performance of necessary or agreed on repairs, alterations/redecoration or to exhibit the rental property to potential tenants, buyers, workmen, mortgagees, etc.

In the event of an emergency, a landlord has the right of entry into a tenant's premises without notice, since providing notice would be impractical.

For more information, you'll need to check with a local attorney to find out the exact details of the law in your area.

 


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