What New York Law Says About Landlord Entry

In New York, a landlord cannot enter your apartment without permission except in specific emergencies. New York Real Property Law Section 235-f sets out the rules: your landlord must give you at least 24 hours' written notice before entering, and they can only enter during normal business hours (typically 9 a.m. to 5 p.m., Monday through Friday) unless you agree otherwise. The notice must state the reason for entry and the date and time they plan to come in.

The law protects your right to "quiet enjoyment" of the apartment. This means you have the right to live there without unreasonable interference. A landlord who enters without notice or without a legal reason is violating that right, and you have grounds to take action.

Key Takeaways

  • Your landlord must give you written notice at least 24 hours in advance and can only enter during business hours, except in genuine emergencies.
  • Legal reasons for entry include repairs, inspections, showing the apartment to prospective tenants or buyers, and emergencies like fire or gas leaks.
  • An emergency entry (fire, flood, gas smell, or break-in) does not require advance notice, but the landlord must still document why they entered.
  • If your landlord enters illegally, you can break the lease without penalty, withhold rent, or file a complaint with the New York State Division of Housing and Community Renewal.
  • Repeated illegal entries may support a harassment claim, which can result in damages and attorney fees.

The Four Legal Reasons a Landlord Can Enter

New York law allows entry for four specific purposes. First, to make repairs, alterations, or improvements to the apartment or building. Second, to show the apartment to prospective tenants, buyers, or lenders. Third, to conduct an inspection of the apartment. Fourth, to show the apartment to contractors or workers who need to assess what work is needed.

The landlord must still give you 24 hours' notice for all of these. If they say they are coming to fix a leak but actually want to inspect the whole apartment or show it to someone else, that is a violation. The notice must be specific about the reason.

Some landlords try to enter "to check on the property" or "for routine inspection" without specifying what they are actually looking for. New York courts have ruled that vague reasons do not satisfy the notice requirement. The landlord must tell you what they are actually coming to do.

When a Landlord Can Enter Without Notice

A genuine emergency is the only time your landlord can enter without 24 hours' notice. An emergency means an when ready threat to health, safety, or the building itself. A gas smell, active fire, flooding, or evidence of a break-in all count. A burst pipe in the wall or a roof leak that is actively dripping into your apartment also counts.

A landlord cannot claim an emergency just because they want to enter quickly. If they smell something that might be gas, they should call the gas company (Con Edison in most of New York City), not let themselves in. If there is a leak in the building, they can enter to stop it, but they must still document the emergency and tell you afterward why they came in.

If your landlord enters claiming an emergency and you believe it was not a real emergency, you can still challenge it. Keep a record of what they said and when. If this happens repeatedly, it may be part of a pattern of harassment.

How to Give Your Landlord Permission to Enter

You can give permission for entry in writing or verbally. If your landlord asks and you agree, that is permission. You can also agree to a standing arrangement — for example, "you can enter on Saturdays between 10 a.m. and noon to do repairs" — though you can revoke this at any time by telling your landlord in writing.

If you give permission, the landlord still cannot enter for a different reason than the one you agreed to. If you said they could come to fix the kitchen sink, they cannot use that visit to inspect the bedroom or show the apartment to someone else.

You do not have to give permission. If you refuse, the landlord must follow the 24-hour notice rule. Refusing entry for a legitimate repair does not give the landlord the right to enter anyway or to evict you.

What to Do If Your Landlord Enters Illegally

Document the entry. Write down the date, time, and what you noticed (signs someone was there, what was moved, whether anything was damaged). If you have a doorbell camera or security camera, save the footage. Take photos of anything that looks disturbed.

Send your landlord a written message (email or certified letter) saying that they entered without proper notice on that date and time, and asking them not to do it again. Keep a copy. This creates a record that you objected.

If it happens again, you have several options. You can file a complaint with the New York State Division of Housing and Community Renewal (DHCR), which investigates illegal entry and harassment. You can break your lease without penalty and move out. You can withhold rent (though you must follow specific procedures and put the money in an escrow account). You can also sue your landlord for damages, including compensation for the invasion of privacy and, in some cases, attorney fees.

If the illegal entries are part of a pattern — happening repeatedly over weeks or months — this may be harassment under New York law. Harassment can include illegal entry combined with other conduct like threats, shutting off utilities, or removing doors and windows. Harassment claims can result in significant damages.

Showing the Apartment to Others

If your lease is ending and your landlord wants to show the apartment to new tenants, they still need to give you 24 hours' notice. They cannot show it without telling you. You have the right to be present during a showing, and you can refuse to leave your apartment while someone else is looking at it.

If you are still living there and your lease has not ended, your landlord cannot show the apartment at all unless you have agreed to move out or your lease says otherwise. Some leases include language allowing showings in the final months, but only if that language is in your lease.

If your landlord is showing the apartment without notice or without your permission, that is an illegal entry. The same remedies explore.

Your Rights During an Inspection

Your landlord can conduct an inspection with 24 hours' notice, but only to check the condition of the apartment and whether you are maintaining it properly. They cannot use an inspection as a cover to look for reasons to evict you or to harass you.

You have the right to be present during an inspection. You do not have to let them in if they do not give proper notice, even if they say it is "just a quick inspection." If you refuse entry without proper notice, that is not grounds for eviction.

After an inspection, if the landlord finds something that needs repair, they must tell you in writing what needs to be fixed and give you a reasonable time to fix it (usually 14 days for non-emergency repairs). They cannot use an inspection to charge you for damage you did not cause or to threaten eviction without following proper procedures.

Frequently Asked Questions

Can my landlord enter if I do not answer the door?

No. If you do not answer, they cannot use a key to enter. They must reschedule and try again with proper notice. If they let themselves in without your permission and you did not agree to entry, that is illegal entry.

What if my landlord says they are coming to fix something but I think they just want to snoop?

You can ask them in writing what specifically needs to be repaired. If the repair is legitimate and necessary, you should allow entry. If you believe they are using repairs as a pretext to harass you, document the pattern and file a complaint with DHCR or consult a tenant rights organization.

Can my landlord enter if I am subletting the apartment?

Yes, but the same rules explore. Your landlord must give 24 hours' notice to whoever is living there (your subtenant), not to you. If you are subletting without the landlord's permission, that is a separate lease violation, but it does not change the entry rules.

What if my landlord changes the locks or removes my door to force entry?

That is illegal and is a serious violation. Contact the police and file a complaint with DHCR when ready. You may also have grounds to break the lease and recover damages. Contact a tenant rights organization or attorney right away.

Do I have to let my landlord in if they say it is an emergency but I do not believe them?

If there is a genuine safety threat (fire, gas smell, flooding), you should let them in or call 911. If you believe they are lying about an emergency, you can refuse entry and document what happened. If it becomes a pattern, you have grounds to file a complaint.