Landlord Entering Without Notice in New York: What Are My Rights?
This page covers when your landlord may enter your home in New York State. No statewide law sets a notice period, so your lease and the state's guidance on reasonable notice matter most. It also covers emergencies, showings, lock changes, and what to do if your landlord keeps coming in or locks you out.
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The New York Attorney General says a landlord may enter with reasonable prior notice, at a reasonable time, and with your consent. The reason must be routine or agreed repairs or services, or something your lease allows. Read your lease. It usually sets the notice period that applies to you. Leases often treat 24 hours to 1 week as reasonable notice, depending on the reason for the visit.
New York State Attorney General (Tenants' Rights Guide, copy hosted by City of Beacon) Tenants' Personal Protections, Right to Privacy Cornell Law School Tenants Advocacy Program 9.2 When a Landlord Can Access or Enter a Rental Unit✓ Sources checked September 22, 2026
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Your landlord may ask to enter for repairs, services, inspections, or showings only when your lease or your agreement allows it. You can say no to a visit or ask for a different day or time. If you refuse without a good reason, your landlord can ask a court for an order that lets them in. If you unreasonably refuse access for repairs the law requires, your landlord can also start an eviction case.
New York State Attorney General (Tenants' Rights Guide, copy hosted by City of Beacon) Tenants' Personal Protections, Right to Privacy Cornell Law School Tenants Advocacy Program 9.2 When a Landlord Can Access or Enter a Rental Unit, Risks✓ Sources checked September 22, 2026
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In practice, reasonable notice means the notice your lease names. Many leases say 24 hours. A legal aid program for upstate tenants reads reasonable notice as at least 24 hours, depending on the reason for the visit. Reasonable hours means daytime hours. A lease clause that lets your landlord enter at any time for any reason will likely not be enforced by a court.
✓ Sources checked September 21, 2026
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In an emergency, such as a fire or a water leak, your landlord may enter without notice and without your consent. An emergency means a repair that needs action right away to protect the building, you, or other tenants.
New York State Attorney General (Tenants' Rights Guide, copy hosted by City of Beacon) Tenants' Personal Protections, Right to Privacy Cornell Law School Tenants Advocacy Program 9.2 When a Landlord Can Access or Enter a Rental Unit✓ Sources checked September 22, 2026
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Showings to buyers or new renters follow your lease. If your lease says nothing about showings, you can refuse them. In rent-stabilized homes in New York City, the owner must give you at least 5 days' notice of an inspection or showing. Mailed notice adds 5 days. The time must suit you both. If you refuse after that notice, the refusal can be a ground for eviction.
Cornell Law School Tenants Advocacy Program 9.1 Introduction New York Codes, Rules and Regulations (Rent Stabilization Code), via Cornell LII 9 NYCRR § 2524.3(e)✓ Sources checked September 21, 2026
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Do not refuse access for repairs the law requires. In rent-stabilized and rent-controlled homes, an owner who cannot get in can tell the state housing agency (DHCR). The owner must show 2 letters sent to you by certified mail. Each letter must be mailed at least 8 days before the proposed access date. DHCR may then send an inspector with the owner. If you do not give access at that time, DHCR can deny your repair complaint or restore a rent reduction.
✓ Sources checked September 22, 2026
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Every New York lease, written or spoken, includes the warranty of habitability (a promise that the home is fit to live in and safe). You cannot give up this right in a lease. A court will not enforce a clause that tries. You also have a right to quiet enjoyment (to live in your home without your landlord disturbing you). A landlord who wilfully interferes with your quiet enjoyment commits an offense under state law.
New York State Senate Real Property Law § 235(1) New York State Senate (Consolidated Laws) Real Property Law § 235-b(2) Cornell Law School Tenants Advocacy Program 9.1 Introduction✓ Sources checked September 21, 2026
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New York's highest court has defined constructive eviction (being forced out without a court eviction). It happens when a landlord's wrongful acts substantially take away your use and enjoyment of the home. To claim it, you must actually move out. If you stay, you cannot use it as a reason to stop paying rent. The court set this rule in a 1970 case about rented office space. The same court said that changing your lock or padlocking your door is an actual eviction.
✓ Sources checked September 21, 2026
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Your landlord cannot change your lock without giving you a key, remove your door, or make your lock unusable 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 allows an eviction. A landlord who does this on purpose commits a class A misdemeanor. The landlord also owes a civil penalty of $1,000 to $10,000 for each violation.
✓ Sources checked September 12, 2026
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If your landlord keeps coming in without notice, tell them in writing. Say you do not consent to entry without reasonable notice and an agreed time. Keep a log with each date, time, who came in, and why. Keep copies of texts, letters, and photos. Repeated entry without notice or consent can break your right to privacy and quiet enjoyment. Your records support a claim in court or a defense against an eviction case.
New York State Attorney General (Tenants' Rights Guide, copy hosted by City of Beacon) Tenants' Personal Protections, Right to Privacy Cornell Law School Tenants Advocacy Program 9.2 When a Landlord Can Access or Enter a Rental Unit✓ Sources checked September 21, 2026
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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 presumes retaliation. Your landlord must then prove another reason.
✓ Sources checked September 22, 2026
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This 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 tenancy ended under the lease because of a genuine sale of the building.
✓ Sources checked September 22, 2026
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If you are locked out, first call or visit the police. If the police do not help, go to court the same day to be restored to possession (put back in your home). In New York City you go to Housing Court and 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 bills, and mail addressed to you at the home.
New York State Senate (Consolidated Laws) RPAPL § 768(1)(b) New York State Unified Court System Serving Your Petition✓ Sources checked September 22, 2026
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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.
✓ Sources checked September 22, 2026
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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.
New York City Department of Housing Preservation and Development ABCs of Housing 2024, Tenants Rights and Responsibilities New York City Rent Guidelines Board Quality of Life FAQs, Am I required to provide access to my landlord for any reason?✓ Sources checked September 21, 2026
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