Landlord Entered Without Notice - New York (55 replies)

My landlord let himself into my apartment yesterday while I was at work. My neighbor texted me that she saw him going in with a contractor. No notice whatsoever - I didn't even know anyone was coming.

I've been in this rent-stabilized apartment in Crown Heights for 4 years. When I got home, I found they had been in my bedroom measuring for windows (there's a building-wide window replacement project supposedly happening).

Questions:

• Is this legal in New York?
• How much notice is required by law?
• What can I do about this?

I feel completely violated. My underwear drawer was open (I always keep it closed) and I have no idea if they went through my stuff.

Here's the frustrating reality about New York law on landlord entry:

There is no specific New York State statute that explicitly requires landlords to give notice before entering. This surprises a lot of tenants because many other states (like California with its 24-hour requirement) have clear statutes.

However, that doesn't mean landlords can enter whenever they want. New York courts have consistently held that:

• Tenants have a right to "quiet enjoyment" of their premises
• "Reasonable notice" is implied in all residential leases
• Entry without notice (except emergencies) can constitute harassment

In NYC specifically, you have additional protections. The NYC Admin Code and housing court precedents have established that 24-48 hours is considered reasonable notice for non-emergency entry.

First step: Check your lease. Many NYC leases explicitly state notice requirements, and those become binding contractual terms.

Just checked my lease. It says: "Landlord may enter the premises at reasonable times after reasonable notice for the purpose of inspection, repairs, or showing to prospective tenants or purchasers."

So "reasonable" but no specific timeframe. Does that help me at all?

Similar thing happened to me in Astoria last year. Landlord came in to "check the radiators" with zero notice. I was actually home and half-dressed when he walked in with his keys.

I filed a complaint with 311 and also sent a certified letter demanding 48-hour written notice for all future entries. Since then, he's been much better about it.

Document everything. Dates, times, what was disturbed. You'll want this if it becomes a pattern.

@FrustratedTenant_Brooklyn - Yes, that lease language helps you. "Reasonable notice" in NYC housing court has been interpreted as at least 24 hours advance written notice for non-emergency situations.

The fact that your landlord gave ZERO notice means they violated the lease terms. Your remedies:

1. Written demand letter: Send a certified letter stating the violation and demanding 48-hour written notice for all future entries
2. HP Action: If it continues, you can file an HP (Housing Part) action in housing court for harassment
3. Rent stabilization bonus: Since you're rent-stabilized, repeated violations could be grounds to challenge future rent increases or even claim harassment under RSL

The opened drawer is concerning. While you can't prove they searched it, I'd recommend photographing everything as it currently is and maybe investing in a basic security camera for peace of mind.

Landlord here from Buffalo. Wanted to give the upstate perspective since NYC rules don't always apply to us.

Up here, we don't have the same housing court infrastructure or the NYC Admin Code protections. It really does come down to what's in the lease. I always put "24 hours written notice except for emergencies" in my leases because it protects both parties.

That said, even without a specific statute, walking into a tenant's home without any notice is a bad look. Most judges upstate would consider that unreasonable. We had a case in Erie County a few years back where a landlord lost an eviction case partly because the judge viewed their repeated unannounced entries as harassment.

This thread is making me realize how lucky I am. My building management always sends an email at least a week in advance for any planned maintenance, then a reminder 48 hours before, and they always knock and announce themselves even when entering for scheduled work.

But I've had friends in smaller buildings with individual landlords who deal with this constantly. One friend in Washington Heights had her landlord walk in on her in the shower because "he forgot she was home."

@FrustratedTenant_Brooklyn - definitely send that certified letter. Create a paper trail.

UPDATE: Sent a certified letter to the landlord on Tuesday. He called me yesterday, pretty annoyed. Said he's been managing buildings for 30 years and "never had a tenant complain about this."

I stayed calm and just said I need 48 hours written notice going forward. He said he'd "try" but the window contractors have a tight schedule. I said that's not my problem - I need notice per the lease.

We'll see how this goes. At least I have documentation now.

Jumping in from Albany. Our situation is interesting because we have STAR (Student Tenant Advocacy Resources) that actually pushed the city council to consider a local ordinance requiring 24-hour notice. It hasn't passed yet, but it shows that even upstate cities are recognizing the gap in state law.

For now, Albany tenants are in the same boat as the rest of non-NYC New York - we rely on lease terms and the general "reasonable notice" standard.

Pro tip: Albany/Troy/Schenectady tenants can contact the Capital District Tenants Union for help with these issues. They've been great advocates.

Want to add some important context about NYC vs. upstate that hasn't been fully covered:

NYC-Specific Protections:

• NYC Admin Code 27-2005: Landlords must maintain premises without harassment
• Repeated unannounced entry CAN be considered harassment under HPD regulations
• For rent-stabilized units: DHCR can impose penalties for harassment that leads to vacancy
• NYC Housing Court has a robust body of case law supporting tenant privacy rights

Upstate (outside NYC):

• No equivalent admin code protections in most cities
• Rochester, Buffalo, Syracuse have some local codes but they're weaker than NYC
• Small claims or civil court is usually the venue, not specialized housing court
• Lease terms are even more critical to establish clear expectations

The disparity is real, and state legislators have periodically proposed bills to create a statewide 24-hour notice requirement, but nothing has passed yet.

OP, just wanted to share my experience as a fellow NYC tenant who went through this.

My landlord used to come by whenever he wanted - claimed he was "checking on the building." Third time it happened (found him in my kitchen at 7am on a Saturday), I called the police non-emergency line. They came out, spoke with him, and explained that entering without permission or notice could be considered trespassing.

He was shocked that the cops would even show up for something like this. But they told him that a tenant's home is their home, period. He's given proper notice ever since.

I'm not saying call the cops for every incident, but if it becomes a pattern, it's an option.

@BronxRenter_Fordham - That's actually a fair point. I want to be clear that even though I'm a landlord, I think what OP's landlord did is wrong.

When I need to enter a unit, here's my process:

1. Text or email the tenant explaining why (repair, inspection, etc.)
2. Ask what times work for them in the next 48-72 hours
3. Confirm the appointment in writing
4. Knock and announce myself even when expected
5. Never go into bedrooms unless absolutely necessary for the repair

It's just basic respect. The fact that some landlords don't understand this is embarrassing for the profession.

ANOTHER UPDATE: It happened again.

Came home from work yesterday and there was a note on my kitchen counter from the window contractor saying "measured bedroom windows, will return next week."

NO NOTICE AGAIN. My landlord's excuse? He claims he "left a voicemail" but I have no missed calls or voicemails from him. I think he's lying.

I'm filing an HP action tomorrow. This is harassment at this point.

@FrustratedTenant_Brooklyn - Good. Filing an HP action is the right move at this point. You have:

• First entry without notice (documented)
• Certified letter demanding proper notice (proof of delivery)
• Second entry without notice (documented with contractor's note)
• Landlord's claim of voicemail that doesn't exist (your phone records can prove this)

When you file, bring all your documentation. The housing court judge will likely issue an order requiring written notice for all future entries. If he violates the court order, then you're looking at contempt.

Also - since you're rent-stabilized, make sure to document everything for DHCR as well. A pattern of harassment can impact his ability to collect MCI increases or IAI rent adjustments.

Following this thread with interest. I'm in a 2-family house in SI where the landlord lives upstairs. He's generally respectful but has walked into my unit twice without knocking - both times he "thought I wasn't home."

Question for the attorneys: Does living in a 2-family where the landlord occupies one unit change anything legally? I know some tenant protections don't apply to smaller buildings.

@StatenIslandSam - Good question. Owner-occupied buildings with 4 or fewer units are exempt from some NYC tenant protections (like the Right to Counsel program), but your fundamental right to quiet enjoyment still applies.

The privacy issue is independent of building size. Your landlord still needs to respect your right to exclusive possession of your unit. The lease terms still apply, and the common law reasonable notice standard still applies.

What may differ:

• Rent stabilization likely doesn't apply to you
• Some HPD enforcement may be different
• Eviction rules have some exemptions for small owner-occupied buildings

But none of that changes the basic fact that he can't just walk into your home whenever he wants.

HP ACTION UPDATE: Had my hearing today at Brooklyn Housing Court.

The judge was very sympathetic. She noted that two unannounced entries within two months, after a written demand for notice, shows a "pattern of disregard for tenant privacy."

The court order requires:

• Minimum 48 hours written notice for all non-emergency entries
• Notice must specify date, time window (max 4 hours), and purpose
• Landlord or his agents must knock and wait for response before entering even with scheduled appointment

My landlord was NOT happy but his attorney told him to agree rather than fight it. Small victory but it feels good to have it in writing from a judge.

Congrats OP! This is exactly what housing court is for. Glad you stood up for yourself.

For anyone else reading this thread and dealing with similar issues - OP's path is a good model:

1. Document the first incident
2. Send certified letter demanding proper notice
3. Document any subsequent violations
4. File HP action if landlord doesn't comply

It's a hassle but it works. And once you have a court order, landlords usually get the message.

Reading this thread and wishing we had housing court in Rochester like NYC does. Here, you'd have to go to small claims or regular civil court for something like this, and judges are much less experienced with tenant issues.

My landlord in the Park Ave area enters my apartment for "inspections" every month. When I complained, he said it's in my lease that he can do quarterly inspections - but he's doing them monthly. And he's giving "notice" by slipping a note under my door the night before, which I often don't see until morning.

Any advice for upstate tenants dealing with this when we don't have the NYC resources?

@RochesterRenter_Park - Fellow upstater here. A few options:

• Contact Rochester Housing Authority - they have tenant services
• Legal Aid Society of Rochester - they do tenant rights cases
• Small claims court - you can sue for breach of lease (monthly vs. quarterly) and harassment
• Written demand first - certified letter stating he's violating the lease by doing monthly instead of quarterly

The night-before notice is also problematic. Even though NY doesn't have a specific statute, "reasonable notice" is not 12 hours. If you push back with a certified letter citing the lease violation, most landlords back off.

FINAL UPDATE: It's been almost 3 months since the court order and I'm happy to report NO MORE UNANNOUNCED ENTRIES.

The window replacement finally happened in December. I got a proper written notice 5 days in advance, specifying the date and a 2-hour window. The contractor knocked, waited for me to answer, and was professional throughout.

My landlord has been cold toward me but honestly I don't care. I pay my rent on time, I'm not going anywhere, and he knows he can't mess with me anymore.

Thanks everyone for the advice throughout this process. For any NY tenant dealing with this: DOCUMENT EVERYTHING and don't be afraid to use the legal system. It works.

Great outcome OP! Bookmarking this thread for the TL;DR summary alone - it's one of the best explanations of NY landlord entry law I've seen.

The NYC vs. upstate distinction is so important and not well understood. People move from the city to Buffalo or Syracuse and assume they have the same protections, which they don't.

Hopefully the state legislature will eventually pass a statewide 24-hour notice law so everyone in NY has the same baseline protection.

Excellent outcome @FrustratedTenant_Brooklyn. This thread has been a great resource and I'm glad it ended well.

For anyone finding this thread in the future, here's my summary of key takeaways:

1. Know your location: NYC has stronger protections than upstate. If you're in NYC, you have HPD, housing court, and a body of case law supporting tenant privacy.
2. Read your lease: Whatever notice requirement is in your lease is contractually binding. If it says nothing, "reasonable notice" (typically 24-48 hours) is implied.
3. Document everything: Dates, times, photos, witnesses. You'll need this if you go to court.
4. Communicate in writing: Certified letters create a paper trail that's hard to dispute.
5. Use the legal system: HP actions in NYC are designed for exactly these situations. Don't be intimidated.
6. Emergency exception: Landlords CAN enter without notice for genuine emergencies (fire, flood, gas leak). Don't be unreasonable about those.

Good luck to all the NY tenants out there dealing with this issue.