What is reasonable 'prior notice' and when does too many time become unreasonable? What are my rights?

Question

What are my rights as a tenant? Our landlady put the house on the market for sale. The real estate agents have been calling non-stop to show the place and we are getting increasingly frustrated with the three-four intrusions of prospective buyers per day. So firstly, the law says that

"Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time...."

What is reasonable? What is unreasonable? Can we demand at least 24 hour notice? Can we also demand that we have to be there when they show the place?

Thanks kindly.

(I should mention that I am in New York, out in Suffolk County Long Island.)

Answer 1

Yes, you can demand 24 hours prior notice. This is common courtesy and your landlord should have allowed you this in the first place. You can also demand that you be present for the showings but you can not then never be there. Try to work out a reasonable schedule with the landlord. Tell him or her that you need 24 hours notice. If she doesn't go along with you, I would not let people in my apartment. No realtor is going to force you to show the place if you do not want to.

Answer 2

Was the above quote directly from your rental agreement? The terminology is pretty vague, although it won't help you this time, in the future you can alter that contract and list a specific time frame (cross out vague reference, write in 24 hrs and initial, then have your landlord do the same).

When I was in this situation, this is how I handled it. I called my landlord and told her that the 2 or 3 intrusions with 15 minutes notice (once the darn realtor called from my driveway!) was over and above my being reasonable. I told her that from that point on it was 24 hours or I would not be responsible for how the house looked.

The very next day, the realtor called me and asked if she could "drop by" in about an hour. I told her I was in the middle of dinner, watching additional children and the house was trashed. She wanted to come anyway. So I let her.

The house was messy, but the best part was I did the walk through with the prospective buyers and pointed out EVERY single problem the house had. See there were the floor is sloping? See the water pressure from this faucet? See the leak under the water heater? See the crack in the wall? See the staining-probably from water damage? Oh yeah, hear our neighbors, they're quiet now, come back around 11pm for a party and loud fight.

Needless to say, the realtor always gave me 24 hour notice after that.

As to your being there. They cannot "demand" that you leave the premises you have paid for, unless they are ready to pay you for loss of use and any theft that might occur.

Good luck, and I hope you are already looking for new digs...

Answer 3

I would advise you that you should specifically look for answers which come from people with knowledge of New York State law.

There are plenty of areas of law where in the Midwest and South individuals have no rights and the powerful (in this case the landlord) can do anything they like.

I know as a fact that the quote you provided is from New York State Law and that our rights as tenants in New York are some of the strongest in the nation (stronger still in NYC)

Check out www.tenant.net - they may have the answer.

Regardless, don't just assume you have no rights because someone tells you that you wouldn't in "most states".

Answer 4

Hi,
In this case you are aware that the property is for sale. This means that the Landlord has already given you notice that the building is up for sale, and Real Estate Agents will be showing the property. You can not insist to be there in order to show the property. The property does not belong to you....you rent... As long as proper notice was given the Landlord has met the obligation of the law. If He/She said there will be a Realtor coming throughout the week to show the property, they have already given fair notification to you about what is going on. Just remember, this is not your property...it is owned by the Landlord. As long as the law is followed they have done nothing wrong.

Answer 5

In most states, 'reasonable notice' is only twelve hours in advance of the intended entry, and the intended entry is to be made at 'reasonable hours'. In other words, no showings at midnight. There is no requirement that you vacate the premises for showings, and you cannot demand that you be present. Your landlord is allowed entry with reasonable notice regardless if you are present or not. Your state law will indicate the number of hours notice required for entry into your premises.

As a real estate broker, I always warn tenants and owners to properly secure any valuables which might be a target for theft. Do not let money or valued jewelry out in the open, where it might be unscrupulously snared by a less than honest potential buyer.