Renting & housing · Question

Can your landlord enter your apartment in New York? Notice, consent and emergencies

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Generally, your landlord can't come in whenever they like. According to the New York Attorney General's guide, a landlord may enter with reasonable prior notice, at a reasonable time and with your consent, to make routine or agreed repairs or provide services, or as your lease allows; if you unreasonably refuse, the landlord can ask a court for access. In a real emergency, such as a fire or water leak, they may enter without notice. In New York City, HPD says the owner must tell you in advance and in writing the day and time, usually between 9 a.m. and 5 p.m. on weekdays, unless you agree otherwise or the repair is urgent.

Read on for the details, the exceptions and the sources.

In plain words

Reasonable notice
Enough warning, given ahead of time, for you to plan for the visit.
Access
Letting the landlord or their workers into your apartment for a lawful reason.
Emergency
A situation that can't wait, such as a fire, gas leak or flood.
Harassment
Conduct meant to make you give up your home or your rights, such as repeated, unnecessary intrusions.

The full answer

You have a right to privacy in your home. The New York Attorney General's tenants' rights guide explains that a landlord may enter with reasonable prior notice, at a reasonable time, and with your consent, either to provide routine or agreed-upon repairs or services, or in accordance with the lease. If a tenant unreasonably withholds consent, the landlord may ask a court for an order permitting entry. In an emergency, such as a fire or water leak, the landlord may enter without your consent or prior notice. Your lease may add more specific terms.

In New York City, HPD explains that the owner may enter in an emergency at any time without notice, and otherwise at a reasonable time after appropriate notice to make necessary or agreed repairs or provide services, as the lease allows, or to show the apartment to prospective tenants or buyers. For inspections and repairs required by the Housing Maintenance Code, HPD's ABCs of Housing says the owner must notify you in advance and in writing of the day and time, with appointments between 9 a.m. and 5 p.m., Monday through Friday, unless you agree otherwise or the condition must be addressed immediately. No advance notice is needed for urgent repairs such as gas leaks, water leaks, stopped-up drains, leaking roofs or a dangerous ceiling. Any contractor or worker must be able to show that the owner authorized them.

Exceptions and special cases

  • Refusing access has consequences: HPD notes that an unreasonable refusal to allow access for repairs required by law may be grounds for eviction, and under the Good Cause Eviction Law, unreasonably refusing access for necessary repairs or to show the apartment to a buyer or lender is a ground for eviction (Real Property Law § 216(1)(f)).
  • Entry used as a weapon is different: a course of conduct meant to disturb your peace and quiet so you'll move out is unlawful eviction under RPAPL § 768(1)(a)(ii).
  • If you change your locks in NYC, HPD says you must give the landlord a copy of the key.
  • Outside NYC, local codes may add rules; the general principles in the Attorney General's guide still apply.

What to do now

  1. Read your lease's access clause

    It may say how much notice the landlord gives and for what purposes.

  2. Answer access requests in writing

    If the time doesn't work, propose another reasonable time. A written record shows you didn't refuse unreasonably.

  3. Ask for written notice

    Especially in NYC, you can ask that non-urgent visits be scheduled in writing, on weekdays during business hours, unless you agree otherwise.

  4. Keep a log of entries

    Note dates, times, who came in, and whether you were notified. Repeated unannounced entries are worth documenting.

  5. Get help if it becomes harassment

    In NYC, call 311; rent-regulated tenants can also contact DHCR. Free legal advice is available through the Tenant Helpline (call 311).

Frequently asked questions

Does New York require exactly 24 hours' notice?

The official sources cited here don't set one fixed number of hours for every apartment. They require reasonable prior notice and a reasonable time, and in NYC, advance written notice of the day and time for code-required work. Check your lease for a specific notice period.

Can my landlord show my apartment to new tenants before I move out?

HPD lists showing the apartment to prospective tenants or purchasers among the reasons a landlord may enter, at a reasonable time after appropriate notice.

Can the super let himself in to check on things while I'm at work?

Not without notice and a legitimate purpose, unless there's an emergency. If it keeps happening, write to the landlord and keep a log.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

Related questions

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.