• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Landlord helping himself in my apt.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sugarb29ny

Junior Member
What is the name of your state?

I live in the state of NY and I've been having problems with my landlord comming into my apt when I'm not home. I Know this because I have put tape on my door when I leave so I can know for sure and when I return home that seal in broken. Also, I came home one day to find my door wide open and he and a few of his buddies putting a water heater in the basement. When I ASked him who was in my apt he stated that I left the door open. I can't offord a spy cam to catch him so if anybody has any suggestions it would be greatly appreciated. Thank You.
 


BL

Senior Member
sugarb29ny said:
What is the name of your state?

I live in the state of NY and I've been having problems with my landlord coming into my apt when I'm not home. I Know this because I have put tape on my door when I leave so I can know for sure and when I return home that seal in broken. Also, I came home one day to find my door wide open and he and a few of his buddies putting a water heater in the basement. When I ASked him who was in my apt he stated that I left the door open. I can't offord a spy cam to catch him so if anybody has any suggestions it would be greatly appreciated. Thank You.

If you do not have a lease that you signed which states the landlord can enter your apt. whenever he wants for whatever reason,or any type of provision, that otherwise would allow entry ,

Type him a letter. Send it return receipt requested Certified mail to him . If it comes back don't open it. Save it for your records. If he does it again before receiving the Letter, flat out tell him he's in violation and do not violate your privacy against the Laws again.

Start off by stating you ,the landlord have entered my Apt. against the Landlord/Tenant Laws of New York State , on several occasions . Due to that fact and I verbally confronted you with the issue, I am following up with a Letter to advise you that if you violate my privacy one more time , I will have no chose but to take whatever legal actions that are available to me.
Tell him it is your hope that any issues can be resolved by yourselves though.

In that letter advise him under New York State Law - Landlord/Tenant rights and responsibilities , you as a tenant have a Right to privacy . Cite the Fact under the right of privacy a Landlord may NOT ENTER your Apt., unless there is an Emergency . or he gives proper notice ( usually 24 hours ) .

Keep a copy of the letter for your records.

If you happen to come home some day and find he is / or has been in your Apt. with a non Emergency or proper notice , call the Police. If the Police officer refuses to take action demand to speak with his Sargent on duty.
 
Blonde Lebinese said:
If you do not have a lease that you signed which states the landlord can enter your apt. whenever he wants for whatever reason,or any type of provision, that otherwise would allow entry ,

Type him a letter. Send it return receipt requested Certified mail to him . If it comes back don't open it. Save it for your records. If he does it again before receiving the Letter, flat out tell him he's in violation and do not violate your privacy against the Laws again.

Start off by stating you ,the landlord have entered my Apt. against the Landlord/Tenant Laws of New York State , on several occasions . Due to that fact and I verbally confronted you with the issue, I am following up with a Letter to advise you that if you violate my privacy one more time , I will have no chose but to take whatever legal actions that are available to me.
Tell him it is your hope that any issues can be resolved by yourselves though.

In that letter advise him under New York State Law - Landlord/Tenant rights and responsibilities , you as a tenant have a Right to privacy . Cite the Fact under the right of privacy a Landlord may NOT ENTER your Apt., unless there is an Emergency . or he gives proper notice ( usually 24 hours ) .

Keep a copy of the letter for your records.

If you happen to come home some day and find he is / or has been in your Apt. with a non Emergency or proper notice , call the Police. If the Police officer refuses to take action demand to speak with his Sargent on duty.
RIGHT TO PRIVACY

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable television facilities. (Public Service Law §228) .
 

You Are Guilty

Senior Member
howamidoing said:
RIGHT TO PRIVACY

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable television facilities. (Public Service Law §228) .

Uh, as if the title of the section didn't give it away, s.228 has to do with a landlord's rights/obligations when CABLE IS BEING INSTALLED. It has nothing to to with tenant privacy.
 

BL

Senior Member
You Are Guilty said:
Uh, as if the title of the section didn't give it away, s.228 has to do with a landlord's rights/obligations when CABLE IS BEING INSTALLED. It has nothing to to with tenant privacy.

You Are Guilty , the first part is correct about Tenants rights to Privacy Law in NY .

I don't know why the added the cable provision at the end of it. I suppose to let the LL know he can't interfere with it.

But our local cable Co. has a policy of their own that they get permission for installations if they hookups don't already exist.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top