My question involves landlord-tenant law in the State of: New York (Not NYC)
I live in a home with 3 other tenants under a group lease. The landlord has had the house up for sale with a local real estate broker and has had investors come to look at the house for awhile now. During the fall school semester, one or more of the tenants were home during when the meetings were set up, so no disputes over the timing were brought up. Since then, we have all gone home for the holidays and the apartment is not actively occupied. The landlord had informed us of a meeting with the broker and investors in the home, to which the tenants took issue with since nobody was home. We requested a rescheduling to a time when either we were home or she could be present, which had been a request since the home went up for sale, to which she replied "that just doesn't happen". The meeting went on as planned, and happened again the next day. When other tenants called, the landlord openly complained about the first call, repeated her right to sell the home--which we take no issue with-- and stated that we were being a nuisance and a hindrance to her selling the home.
Under the NY tenants' rights, it is stated that "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; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an emergency, such as a fire, 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. Additionally, a landlord may not interfere with the installation of cable televison facilities. Public Service Law § 228.".
The lease we signed includes the wording "[The tenants agree] To allow the Lessor or authorized personnel to enter and make repairs, Improvements, to show the apartment to rental prospects during reasonable hours and upon reasonable notice, unless such repairs are deemed to be an emergency."
We have received notice of these visitors to our unguarded home and property exactly 24 hours before the demanded time which is the minimum for NY state, and our requests for rescheduling and presence of the landlord for parade of strangers through our residency have been ignored. In addition, we did not consent to the broker possessing a key to the home.
Can we do anything about this?
I live in a home with 3 other tenants under a group lease. The landlord has had the house up for sale with a local real estate broker and has had investors come to look at the house for awhile now. During the fall school semester, one or more of the tenants were home during when the meetings were set up, so no disputes over the timing were brought up. Since then, we have all gone home for the holidays and the apartment is not actively occupied. The landlord had informed us of a meeting with the broker and investors in the home, to which the tenants took issue with since nobody was home. We requested a rescheduling to a time when either we were home or she could be present, which had been a request since the home went up for sale, to which she replied "that just doesn't happen". The meeting went on as planned, and happened again the next day. When other tenants called, the landlord openly complained about the first call, repeated her right to sell the home--which we take no issue with-- and stated that we were being a nuisance and a hindrance to her selling the home.
Under the NY tenants' rights, it is stated that "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; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an emergency, such as a fire, 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. Additionally, a landlord may not interfere with the installation of cable televison facilities. Public Service Law § 228.".
The lease we signed includes the wording "[The tenants agree] To allow the Lessor or authorized personnel to enter and make repairs, Improvements, to show the apartment to rental prospects during reasonable hours and upon reasonable notice, unless such repairs are deemed to be an emergency."
We have received notice of these visitors to our unguarded home and property exactly 24 hours before the demanded time which is the minimum for NY state, and our requests for rescheduling and presence of the landlord for parade of strangers through our residency have been ignored. In addition, we did not consent to the broker possessing a key to the home.
Can we do anything about this?
Quiet Enjoyment: Unwanted Showings of an Apartment by a Real Estate Broker
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