Landlord Entering Without Notice in New York: What Are My Rights?

When your landlord can come in

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   New York City adds stricter local rules. In the city, the owner must tell you in writing the day and time of a planned entry. The owner must give at least 24 hours' notice before an inspection and 1 week before repairs. Entry must be on a weekday during business hours unless you agree otherwise or there is an emergency. Check the New York City guide for the full local rules.

   Sources:

   1. ABCs of Housing 2024, Tenants Rights and Responsibilities, New York City Department of Housing Preservation and Development. A government guide.
   2. Quality of Life FAQs, Am I required to provide access to my landlord for any reason?, New York City Rent Guidelines Board. A government guide.

Your locks

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   Your landlord cannot change your lock without giving you a key, remove your door, or make your lock not work to push you out. This protects you once you have lived in the home for 30 days in a row, or have a lease. Only a court warrant or a government vacate order (an order that says you must leave) allows an eviction. A landlord who does this on purpose commits a class A misdemeanor (a criminal charge). The landlord also owes a civil penalty of $1,000 to $10,000 for each violation.

   Source:

   1. RPAPL § 768(2), New York State Senate. Law.
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   If your landlord locks you out by force or unlawfully, without a court order, you can call the police first if you feel safe. A legal aid office can also help you. In New York City, you can come to Housing Court right away to be put back in your home. There you fill out a petition for an order to show cause. The hearing is usually within 1 or 2 days. Bring your lease, rent receipts, utility (water, electric, gas) bills, and mail addressed to you at the home.

   Sources:

   1. Our editorial rules.
   2. Serving Your Petition, New York State Unified Court System. A government guide.

If your landlord comes in without notice

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   Your landlord cannot evict you or refuse to renew your lease because you complained in good faith about a health or safety violation. The same protection covers good-faith steps to enforce your rights under your lease or housing laws. The same rule bars a new lease with an unreasonable rent increase. If your landlord does this within 1 year after your complaint, the court starts by treating it as retaliation. Your landlord must then prove another reason.

   Source:

   1. Real Property Law § 223-b(6), New York State Senate (Consolidated Laws). Law.
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   Retaliation protection does not cover owner-occupied buildings with fewer than 4 units. It also does not apply if you, a member of your household, or your guest caused the condition you complained about. It does not apply if your rental ended under the lease because of a real sale of the building.

   Source:

   1. Real Property Law § 223-b(6), New York State Senate (Consolidated Laws). Law.
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   You can sue your landlord for money in small claims court without a lawyer. The limit is $10,000 in New York City. It is $5,000 in city courts and in Nassau County and western Suffolk County, and $3,000 in town and village courts. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. Guide to Small Claims in the NYS City, Town and Village Courts, New York State Unified Court System. A government guide.