Can Landlords Do Random Rental Inspections in New York State?
I've never been a landlord, nor would I ever want to be. Nothing against landlords, it's just a tough responsibility to bear I would guess.
Before I purchased a home, I rented a few times and never had any issues with landlords. Any fix-it issues were taken care of, and I paid my rent on time, so I was left alone.
Here's a question I didn't have an answer for, so I did some research. If you live and rent in New York State, can landlords/owners do random inspections in your rental unit?
Here's what I found. According to the Real Estate Planning Law website, in New York State, landlords do have certain rights to enter an apartment, rental property, leased property...whatever you want to call it.
Obviously, the main reasons would be for emergencies or to make repairs or replacement of items in the property that are the responsibility of the property owners. However, entering a rental property at just any time is not permitted under New York law.
Real Estate Planning Law notes that "landlords must comply with basic laws as to proper entry so that they do not infringe on the rights of the tenant. Further, a landlord needs to understand what remedies he or she may seek if a tenant is refusing to allow entrance to the property."
The landlord needs to give reasonable notice for needed entry, especially when the reason is to make repairs, replace items, or show off the rental property to prospective buyers or new tenants. That means a week's notice for repairs and 24 hours' notice for inspections.
Legal action can be taken if these laws are not adhered to. The Real Estate Planning Law article mentions that tenants can move out of the rental property if the landlord/owner violates "the warranty of habitability by breaching the tenant’s privacy."
However, the landlord/owner can take legal action or evict if a tenant does not allow the landlord/owner permission to enter despite compliance with the requisite notice laws.
For common mistakes and more information about tenants' rights, visit the Albany New York Government website.
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