My landlord sent men into my apartment without notifying me. Can I ask the landlord to release me fr

[Bob-Alb]

Jurisdiction

New York

Two guys sent by my landlord entered my apartment when I was at work. They walked through all my stuff and reported back to my landlord. The landlord then came into my apartment and asked my guest to leave first and then asked him for money.

 

[adjusterjack]

I'm assuming that the question in your title is:

My landlord sent men into my apartment without notifying me. Can I ask the landlord to release me from my lease.

You can ask but you won't get as the LL's abuse of right of entry is not grounds to terminate your lease. At best you might get a court to award you a slight rent abatement.

In Steltzer V Spesaison (1994) the NYC court ruled:

[quote) a landlord's unlawful entry of tenant's premises is an "annoyance and inconvenience" which violates the tenant's reasonable expectation of privacy and right to exclusive possession. Therefore, such entry by the landlord clearly constitutes a breach of section 235-b. The court awards an abatement of 15% for this claim.[/quote]

Google Scholar

235-b is a section of the NY landlord tenant statute:

2016 New York Laws :: RPP - Real Property :: Article 7 - (Real Property) Landlord and Tenant

Understand that this is a city court. If you are outside NYC it might not be binding on other courts though the reasoning might be persuasive.

If you are in NYC, the decision cites local ordinances that clarify the LL's limitations.

If you are outside NYC you would have to look to your local ordinances.

As for the following:

The landlord then came into my apartment and asked my guest to leave first and then asked him for money.

I have no idea what you are talking about or why it should have anything to do with the LL's abuse of the right of entry.

 

[mightymoose]

What was the reason for entry? Was there an urgent maintenance issue? It is possible you were given notice by other means... A notice posted somewhere or by mail. You don't have to be told in person.
As above, I agree it will not result in being let go from the lease.
If you had people staying in your apartment who were not supposed to be there you might find yourself being evicted.

 

[adjusterjack]

If you had people staying in your apartment who were not supposed to be there you might find yourself being evicted.

Notice might not have been required if the LL had evidence that unauthorized people were occupying the residence.

My analysis was based on the LL having no legitimate reason to enter. The "guest" issue may change that conclusion if we get an explanation.

 

[Bob-Alb]

I'm assuming that the question in your title is:



You can ask but you won't get as the LL's abuse of right of entry is not grounds to terminate your lease. At best you might get a court to award you a slight rent abatement.

In Steltzer V Spesaison (1994) the NYC court ruled:

[quote) a landlord's unlawful entry of tenant's premises is an "annoyance and inconvenience" which violates the tenant's reasonable expectation of privacy and right to exclusive possession. Therefore, such entry by the landlord clearly constitutes a breach of section 235-b. The court awards an abatement of 15% for this claim.

Google Scholar

235-b is a section of the NY landlord tenant statute:

2016 New York Laws :: RPP - Real Property :: Article 7 - (Real Property) Landlord and Tenant

Understand that this is a city court. If you are outside NYC it might not be binding on other courts though the reasoning might be persuasive.

If you are in NYC, the decision cites local ordinances that clarify the LL's limitations.

If you are outside NYC you would have to look to your local ordinances.

As for the following:



I have no idea what you are talking about or why it should have anything to do with the LL's abuse of the right of entry.[/QUOTE]


I have a guest that started living with me the same day the landlords men tried to enter my apartment. The guest is attending a few interviews in Albany. He is not on lease. If the guest was not home, I would not even know, my landdlord and the men entered my apartment.

 

[Bob-Alb]

What was the reason for entry? Was there an urgent maintenance issue? It is possible you were given notice by other means... A notice posted somewhere or by mail. You don't have to be told in person.
As above, I agree it will not result in being let go from the lease.
If you had people staying in your apartment who were not supposed to be there you might find yourself being evicted.

What was the reason for entry? Was there an urgent maintenance issue? It is possible you were given notice by other means... A notice posted somewhere or by mail. You don't have to be told in person.
As above, I agree it will not result in being let go from the lease.
If you had people staying in your apartment who were not supposed to be there you might find yourself being evicted.

I do have a guest who started living with me about a week ago. The two men who entered my apartment from the back door, went through my two bedrooms that were closed, living room and a den in front of my guest. The guest came to attend a few interviews in Albany.

I am fine getting evicted. The thought that strangers have keys to my apartment are entering my apartment and going through my stuff when I am at work makes me feel very unsafe for both myself and my possessions. Can I change the locks on the doors? There are deadbolts that only are on the inside of the door. I can use deadbolts when I am inside the apartment to not let anyone from outside, but when I am at work I have to lock the door from outside and others have keys to get in by unlocking the door from outside.

There was no reason for the landlord to enter my apartment. There is no way for me to prevent anyone from unlocking the door from outside if they have the key. If I cannot get out of the lease, can I change the locks?

 

[adjusterjack]

can I change the locks?

No.

Because the LL still has a right of access under a variety of circumstances and you cannot unreasonably deny access, especially in an emergency.

The LL will just change the locks back and charge you for the work.

At this point, it's up to you to decide if you want to go to court and seek a remedy.

Your reference to Albany implies that you are not in NYC? If that is correct what city and county are you in.

 

[zddoodah]

They walked through all my stuff

They "walked through" your stuff? All of it? What exactly does that mean?

The landlord then came into my apartment and asked my guest to leave first and then asked him for money.

Ok...and?

The subject header of your post appears to contain a truncated question: "Can I ask the landlord to release me fr."

You obviously can ask anything of anyone. If you're asking whether you have grounds to terminate your lease early because of what you described, the answer is most certainly no.

Can I change the locks on the doors?

I suspect you have this ability. I also suspect it would be a breach of your lease to do so. If you're fine with having an eviction on your record, which may hamper your ability to rent decent housing for years to come, then I guess this won't be a problem. On the other hand, if you're "fine getting evicted," then why not simply move out?

 

[Bob-Alb]

No.

Because the LL still has a right of access under a variety of circumstances and you cannot unreasonably deny access, especially in an emergency.

The LL will just change the locks back and charge you for the work.

At this point, it's up to you to decide if you want to go to court and seek a remedy.

Your reference to Albany implies that you are not in NYC? If that is correct what city and county are you in.

Albany City and County

 

[Bob-Alb]

They "walked through" your stuff? All of it? What exactly does that mean?



Ok...and?

The subject header of your post appears to contain a truncated question: "Can I ask the landlord to release me fr."

You obviously can ask anything of anyone. If you're asking whether you have grounds to terminate your lease early because of what you described, the answer is most certainly no.



I suspect you have this ability. I also suspect it would be a breach of your lease to do so. If you're fine with having an eviction on your record, which may hamper your ability to rent decent housing for years to come, then I guess this won't be a problem. On the other hand, if you're "fine getting evicted," then why not simply move out?

I don't want to pay the landlord 11 months of rent. I thought eviction will end the lease contract and I will no longer owe my landlord rent and I will be released from the lease.

It seems like the landlord can enter my apartment anytime when I am not home and there is no way I can end this abuse and have to keep paying her rent?

Is there a legal remedy where I can be sure, that when I am not home, no one is getting into my apartment without my knowledge. Do I need to install cameras and report it to courts and police?

I truly appreciate you folks taking time for all the answers.

 

[Bob-Alb]

I'm assuming that the question in your title is:



You can ask but you won't get as the LL's abuse of right of entry is not grounds to terminate your lease. At best you might get a court to award you a slight rent abatement.

In Steltzer V Spesaison (1994) the NYC court ruled:

[quote) a landlord's unlawful entry of tenant's premises is an "annoyance and inconvenience" which violates the tenant's reasonable expectation of privacy and right to exclusive possession. Therefore, such entry by the landlord clearly constitutes a breach of section 235-b. The court awards an abatement of 15% for this claim.

Google Scholar

235-b is a section of the NY landlord tenant statute:

2016 New York Laws :: RPP - Real Property :: Article 7 - (Real Property) Landlord and Tenant

Understand that this is a city court. If you are outside NYC it might not be binding on other courts though the reasoning might be persuasive.

If you are in NYC, the decision cites local ordinances that clarify the LL's limitations.

If you are outside NYC you would have to look to your local ordinances.

As for the following:



I have no idea what you are talking about or why it should have anything to do with the LL's abuse of the right of entry.[/QUOTE]

Can my landlord come into my apartment and harass my guest. Ask him to immediately leave because he is not in the lease and ask money from him for staying at my place temporarily.

 

[Bob-Alb]

Notice might not have been required if the LL had evidence that unauthorized people were occupying the residence.

My analysis was based on the LL having no legitimate reason to enter. The "guest" issue may change that conclusion if we get an explanation.

I had a guest (A person who use to work with me, his contract ended about 3-4 months ago). He came to attend few interviews in Albany. No one except me knew my guest had come. The two guys sent by the landlord came with keys to the apartment. My guest situation was unexpected even for me and he is leaving soon.

If my guest was not home that day, I would not even know that landlord and her two men entered my apartment.

 

[adjusterjack]

You can go to court and seek an injunction.

Consult an attorney.

 

[zddoodah]

I don't want to pay the landlord 11 months of rent. I thought eviction will end the lease contract and I will no longer owe my landlord rent and I will be released from the lease.

An eviction will terminate the lease. You'll be liable for all rent for as long as you occupy the premises and may be liable for additional rent beyond that period. Maybe you're not so "fine with an eviction."

It seems like the landlord can enter my apartment anytime when I am not home and there is no way I can end this abuse and have to keep paying her rent?

You have to keep paying rent while you're living there. The rest of this sentence is not at all true.

Is there a legal remedy where I can be sure, that when I am not home, no one is getting into my apartment without my knowledge. Do I need to install cameras and report it to courts and police?

Nothing's certain, but you can sue your landlord and ask the court to enjoin any entry into your apartment other than what is expressly permitted by law.

 

[Bob-Alb]

An eviction will terminate the lease. You'll be liable for all rent for as long as you occupy the premises and may be liable for additional rent beyond that period. Maybe you're not so "fine with an eviction."



You have to keep paying rent while you're living there. The rest of this sentence is not at all true.



Nothing's certain, but you can sue your landlord and ask the court to enjoin any entry into your apartment other than what is expressly permitted by law.

Thank you for all your answers Mr. Zddoodah.

 

[mightymoose]

Check your lease for rules regarding guests. Typically guests are allowed for a certain number of days before the landlord should be informed, but it is possible your lease doesn't even address it.
Have you asked the landlord why entry was made without notice?