What can be done if my landlord enters my apartment without prior notification or consent and when confronted acts as if nothing is wrong?

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What can be done if my landlord enters my apartment without prior notification or consent and when confronted acts as if nothing is wrong?

Can I get him to stop? Is illegal ? Can he retaliate and kick me out? What course of action should I take?

Asked on December 19, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under the laws of all states in this country, a landlord can enter a rental after giving a tenant reasonable notice of his or her intent. Reasonable notice is typically 24 hours. Landlords need to enter a rental for various purposes such as maintenance, repairs, to show it to a buyer or a possible new renter.

I would write the landlord a letter advising him to give you at least 24 hours notice before entry per statute. Keep a copy of the letter for future need and reference. If the landlord attempts to retaliate against you for the simple request of reasonable notice, I would consult with a landlord tenant attorney.


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