Landlord Right of Entry
We have one rental unit in our house. Our tenants informed us that they need to move out 5 months before the lease is up. We are allowing them to break the lease. We plan on doing some work on the apartment that we must start as soon as they move out so we need to line everything up immediately. We informed them that we won’t have to show the apartment to prospective tenants but will have to come in a few times probably with contractors to get estimates for the cost of the work but we will let them know ahead of time. I thought this was reasonable and way less intrusive than showing the apartment but they are being very difficult about it. Does anyone know what is allowed by law? Our lease states that we can show the apartment 4 months before the end of the lease and that we can enter for maintenance and repairs. Thank you.
jtula
in Landlord 10 years and 5 months ago
10
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10 replies
landlord | 10 years and 5 months ago
Tell them that unless they allow you to have contractors come in, you will hold them liable for the full length of the lease! You have done them a great favor, they should be thanking you.
ventilated | 10 years and 5 months ago
Despite any conversations that have already taken place, tell your tenants that you require their request for early lease termination in writing, and that you will respond in writing. 24-hour written notice to enter a tenant’s apartment for good reason is generally presumed to be reasonable notice. Good reason includes making or assessing necessary repairs, as well as showing the property to prospective new tenants or purchasers. That said, except in emergency or by court order, neither advance written notice nor written terms of lease give you an absolute right to enter an apartment when a tenant refuses. Remain amicable but adjust your interactions to formal.
resident2 | 10 years and 5 months ago
How much notice did the tenant give you that they want to terminate their lease? If they intend to vacate in the dead rental season ( Mid Nov – April) I would point out to them that this why a lease is a two way obligation, it is not easy to find good tenants paying top rent in the winter months. Just as the landlord cannot give notice early without a compromise; neither can the tenant. Go ahead schedule some times for contractors, give the tenant at least 24 hours notice and go ahead. You have every right to make needed upgrades and repairs etc at the best of times, no matter if the tenant is staying or leaving. But let this be a lesson, do not give too much information to tenants, they do not need to know all your business, even if you think that explanations are easier. You could even say you have changed your mind and you do need to show it to perspective tenants… (even contractors need apartments!) otherwise the tenant will be on the hook for the lost rent etc. until it is re-rented. They have obligations under the lease, the rent for the whole lease.
Arkady | 10 years and 5 months ago
Be careful how you phrase your communication w/ them. You say, “Our tenants are absolutely entitled…” when that’s not at all what you mean. Either put the word entitled in quotes or limit it in some way – irony doesn’t come across as you’ve written it.
jtula | 10 years and 5 months ago
Thank you all for your advice. Our tenants are absolutely entitled and very immature. When I told them that they could break the lease I also told them that we will need to access their apartment with contractors to assess the cost of repairs (in writing). I will give them ample notice and then enter.
Arkady | 10 years and 5 months ago
I agree w/ dibs & jfss. Really annoying that you’re being extremely flexible & they don’t seem to appreciate it.
daveinbedstuy | 10 years and 5 months ago
This sort of tenant behavior is just another example of ridiculous self-entitlement. As jfss said, you are allowing them to break a lease. Point out that situation usually involves forfeiture of the security deposit. I can’t believe how so many tenants can behave as childish as this but it seems to be a rather common occurance.
snowman2 | 10 years and 5 months ago
You’re giving them a big break allowing them to break the lease 5 months in advance. Remind them that flexibility and hardball works both ways. Have you given them anything in writing allowing it? Make it contingent on the access that you need. Anyone who has done any amount of reno knows that you cannot get all your appointments on the same day.
GreenThinker | 10 years and 5 months ago
“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 television facilities. Public Service Law § 228.” I couldn’t find the section, but reasonable notice is 7 days. Give them a letter, no if’s buts or what ever. Just enter the apartment at that time; tenant was informed; legally you’re covered.
mozeeatupu | 10 years and 5 months ago
Give them a weeks notice and line up all your appts for one day.