Can my landlord enter the premises and take pictures of supposed damages without asking me?

UPDATED: Nov 2, 2011

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Can my landlord enter the premises and take pictures of supposed damages without asking me?

The landlord was here to do an maintenance request on a washing machine and during a code inspection. She openly said that she took pictures of damages (stains on the rugs, a small gouge in the wall, and paint peeling from the trim due to a baby gate that goes up at night to keep my children safe from falling down the stairs. At no point did she indicate she was going to take pictures. Our lease is up in 4 months and now she is demanding monthly home inspections. Did she commit a crime is all I need to know.

Asked on November 2, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In all states in this country a landlord is entitled to enter into a tenant's unit in a non-emergency situation by giving reasonable notice. In most circumstances, reasonable notice is 24  hour notice.

In your situation the landord advised you of her intent to do maintenance any you allowed it. The landlord is well within her rights to take photographs of the rental that you are occupying. The landlord needs no permission from you to take such photographs. No crime was committed.

Good lucl with the balance of your lease.


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