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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
Sep 17th, 2008 07:08 PM Join Date: Sep 2008
Posts: 1
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I am an old woman riddled with cancer. I have been away from my northern new york apartment being treated in Houston. While I have been away the manager of my apartment has entered on several ocasions. She has left notices for me on my dining room table and opened my curtians because she said it smelled musty. She even alowed a friend of mine to enter to leave a package. I never knew she was going in...or letting others in. I was so upset when I found out I got sick to my stomach, I just feel violated. I wrote a letter to the management company and to UFDA Rural Development. They just sent me back a letter saying it was ok that she did this, that entry by management is allowed in the leasee. But the lease says management can enter in a manner prescribed by law. Is this the law? Can she come in whenever she wants? I am so worried, I am in Houston being treated again and she can just go through all my stuff. Everyone who lives there knows she does it but no one will say anything because they are afraid. We are all old and scared we will lose all we have left. Please help me... if there is help.
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#2 |
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Posts: n/a
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There seems to be no law on access for the state of New York. There are laws for NYC and other cities, but nothing written on the LL's right of access for the state. I suggest you look at:
http: // www. tenant. net/phpBB2/viewtopic.php?t=4837 Take out all the spaces of the above website in order to access it. (Most forums will not all us to post website addresses, so adding spaces allows you to get the information without violating their rules.) Most states allow a LL to enter to inspect a unit by posting notice on the door. You would never have seen these notices if you are away. Some states allow a LL to enter in a tenant's extended absence, just to make sure nothing is wrong with the unit. Many allow them to enter to delivery packages too large for postal delivery in a mailbox. If this is addressed in your lease as the manner of entry and notification, it is what you areeed to by signing your lease. If you are worried about this, write the LL and ask that they please not enter your unit while you are gone except in emergencies. |
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#3 |
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Posts: n/a
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I live in New York State, and yes it is against your privacy laws. Here is an article with the link at the bottom. Best wishes and praying for your good health:
I have lived in New York State my entire life. I have rented numerous apartments all the way from Long Island to Albany and I thought I knew everything. Boy, was I wrong. Knowing what to do when dealing with an unlawful landlord or property manager will help you find easy resolves for what may seem like major problems. The New York State laws of renting do not change much from one category to another. For example if you are renting a condo, town home, apartment, house, or studio you are basically entitled to the same rights all around. If you live with a roommate or in a subleased house there are certain rules that apply only for these categories. Let's start with basic rights that any renter has. When renting in New York State all renters are entitled to privacy, health and safety, and utilities. Specifics will depend on what type of contract you sign. When it comes to privacy and renting New York State laws are very specific about what is lawful and what is not. It is unlawful for a landlord or property manager to enter a tenant residence without prior notification or approval. According to New York State law landlords may only enter a private residence to complete agreed upon repairs, at an agreed upon time. For example if you and your landlord agree that he will enter the residence at 4 p.m. on Tuesday to fix the leaky faucet, this is the only time that the landlord is able to access your property. If the landlord is there to fix the agreed upon faucet and wants to do other work at the same time, technically he is not allowed to unless you have a prior agreement. New York State Tenant Protection Law - Associated Content |
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#4 |
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Posts: n/a
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I have checked the site listed and its content. It is not quite as it appears. The Associated Content is an open forum for communities. The author of the particular article cited is not an attorney. In fact, the author is a musician and artist and her only knowledge of the laws of the state of NY is from her own experience (which may or may not be what the law of that state requires). No particular laws are even cited in the article listed. The author only refers generally to "state law".
Unfortunately for the author, no such state law exists. She states only her opinion. Fact is, there are no laws written in the New York State Real Property Laws which address any prior notice requirements for LL entry. A LL who enters without giving notice has broken no law whatsoever. There is no state requirement that a LL deliver prior notice before entering a unit, that he stste a specific date or time when he will do so, or for what purpose he may enter. Unlike some other states which require 24 hours, 48 hours, or a reasonable amount of notice, NY law has no such requirement. Please note the difference between written and interpretted alws and opinions of those who write for open forums. |
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