Landlord Broke Into Apartment
This is what happened, you tell me if it’s legal. I got home today and could not unlock my deadbolt- then I unlocked the bottom lock and the front door opened. After looking at the deadbolt I realize that it is a completely different lock. Once I get into my apartment the kitchen is trashed….
This is what happened, you tell me if it’s legal.
I got home today and could not unlock my deadbolt- then I unlocked the bottom lock and the front door opened. After looking at the deadbolt I realize that it is a completely different lock.
Once I get into my apartment the kitchen is trashed. Meaning : the counter and cabinet on the side of my stove has been taken apart and what was on the counter and in the cabinet is scattered all over my kitchen, and there is a huge whole on my wall exposing a pipe.
After asking my super/landlord for repairs for the past 20 days (and working from home, and checking with him every day on when the repairs will be made) The one day I go to work the super/landlord shows up, breaks into my apartment, changes the locks and doesn’t even repair damages.
He never called me asking for permission to come into my apartment, and didn’t even ask for a copy of my keys; Believe me I would have even stayed home if I had to for them to fix the damaged pipes.
How legal is what he did? Break into my apartment without notification, change the locks, not clean up after construction work was done in my apartment, not leave a note or anything, and leave metal dust all over the floor from when they sawed through the deadbolt lock?
Thank you, I appreciate any advice or knowledge.
From vinca’s post / paste above “At least 24 hours notice is required before an inspection and one week’s notice is required to before repairs.” A week seems a long lead time. But my reading of that is that it pertains to when the tenant otherwise refuses to permit access, or it’s not addressed in the lease. If the 2 parties agree (and the lease is an agreement) then there’s no issue. “Access may be further authorized under provisions of your lease.”
dibs: “People, FORGET THE PERMISSION FOR ACCESS ISSUE. The OP said he/she had been waiting for him to come (expecting him) for the past 20 days.”
DIBS, you’re 100% wrong. The Landlord can’t say “I’ll get to it sometime this month and randomly just come into your apartment without telling you when”. That completely violates a tenant’s privacy.
You agree on a date and time range.
Actually the law here is very cut and dried. To gain access your landlord has to give you prior specific notice to enter your apartment, unless it’s an emergency. They are not, repeat not, allowed to come in at will.
That is the fundamental aspect of “right to privacy”.
DIBs et al, that means you’re not allowed to just walk into your tenant’s apartment at anytime.
Who knows how the tenant approached the LL, how the LL responded, and which (or both) need an attitude adjustment. Bad attitude, same as cheap rent, does not relieve either LL or tenant of their obligations.
Bklnite: There are sections of Multiple Dwelling Law, NYC Administrative Code, Rent Stabilization Code, etc., that cover landlord access. OP does not state whether apartment is rent-regulated. Below is a plain English extract from a NYC Rent Guidelines Board FAQ: http://bit.ly/9XwQyj
Can a management company force me to have a visual inspection or to provide access for repairs in my apartment?
According to the City’s multiple dwelling rules, it is unlawful for a tenant to refuse to permit an owner or the owner’s agent to enter the apartment for the purpose of making repairs or to assess whether the apartment is in compliance with the law. Reasonable notice is required. At least 24 hours notice is required before an inspection and one week’s notice is required to before repairs. Such notice must be in writing, stating the nature of the repairs or improvement to be made. Access may only be scheduled during business hours (9-5) on weekdays. In case of emergencies such as cascading water leaks or gas leaks or collapsing ceilings, no prior written notice is required for access. Access may be further authorized under provisions of your lease.
We advise that you check your lease first. Usually such matters can be worked out at the mutual convenience of the parties.
We still don’t know what the repairs that were requested are. But if he tore up your kitchen to get to a pipe that could constitute an emergency if there was a leak.
For one thing, if you want the hole fixed you should approach the LL in a friendly, “let’s solve this issue together” manner.
modsquad, you’re too eager for a battle. We don’t know how / what LL communicated with tenant about planned repairs – he may have given some form of notice without specifying the exact date/time. Also don’t know how urgent the work really was. agentofthesquid has good suggestions. It seems like a sour douchebbag LL / douchebag tenant relationship that needs a little de-escalating.
vinca, as usual, you’ve got helpful short links to relevant info, but where is the requirement that LL provide 24-hour notice? (As opposed to “At a reasonable time after providing reasonable notice” from NYC Residential Tenant FAQ)
Sometimes emergencies happen, but shouldn’t have the LL of called a number (work) where you could be reached at, and said, I have to get into your apartment, blah blah blah.
That way at least you would have been prepared for it?? or maybe even said, OK I can be home in x minutes???
I do agree with you, I would have been mega pissed as well……..
do you live on S. Court Street? Because this is the EXACT situation I had with a landlord there. I eventually moved because he was such a psycho, I was certain I was going to be killed for requesting one more minor repair and having the balls to request they don’t go through my laundry basket in order to mop up spilled oil and dirt that they smeared all over my bathroom. Good luck.