Landlord Entering Without Notice in New York City: What Are My Rights?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in New York City.
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Your landlord owns the building, but your home is yours. In New York City a landlord needs notice and a proper reason to enter, except in a true emergency. This guide covers entry rules, locks, lockouts, and harassment (unwanted, hostile treatment). For more on notice and what your lease allows, see the New York state guide.
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Your landlord cannot walk in whenever they want. For normal visits, the landlord must give you notice first. The visit must happen at a reasonable time. In a true emergency, like a fire or a burst pipe, the landlord can enter without notice.
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With notice, the landlord can enter for only a few reasons. They can make needed or agreed repairs. They can enter when your lease allows it. They can show the apartment to future tenants or buyers.
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You have a duty too. If you refuse needed repair visits without a good reason, the landlord can use that against you. Repeated unfair refusals can become grounds for an eviction case.
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You have the right to privacy and quiet in your home. The law calls this quiet enjoyment. Nobody acting for the owner may get in the way of it. If someone keeps bothering you to push you out, that counts as harassment (unwanted, hostile treatment). Harassment is illegal.
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If your apartment is rent stabilized (limits how much your rent can rise) or rent controlled, you can report harassment (unwanted, hostile treatment). Report it to the state housing agency, DHCR, using form RA-60H. If DHCR finds harassment, it can fine the owner. Any tenant can also bring a harassment case in housing court.
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You can change your own locks. But the law says you must give the landlord a copy of the new key.
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It works differently the other way. If the landlord changes your locks without giving you a key, that breaks NYC's Unlawful Eviction Law. This protects you even without a lease if you have lawfully lived there more than 30 days.
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If you get locked out, you can start a lockout case (being shut out of your home without a court order) in housing court. This is illegal. If you feel safe doing so, you can also report it at the nearest police station. Keep proof that you live there, like your lease, rent receipts, bills, or mail. Bring those papers to the court, and to the police if you go. Write down what happened and when.
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A landlord who forces you out illegally pays a real price. If you sue, a court can order the landlord to pay you 3 times your losses. For example, 3 times $1,000 in losses is $3,000. You may also have the right to move back in. You get this money only if you win your case and your landlord pays.
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Where to get help: call 311 and ask for the Tenant Helpline. NYC renters get free legal advice there about entry, being locked out, and harassment (unwanted, hostile treatment).
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Free legal aid groups across New York can take cases about being locked out or harassment (unwanted, hostile treatment) if you qualify. Check lawhelp.org to find one near you.
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