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Tenant Moving. Can Landlord Show Apt When Current Tenant Isn't Home? NYC

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TomBrooklyn

Junior Member
NYC, NY. 4 family house (Not subject to Rent Stabilizion law.)

Tenant has given me 30 days notice of moving out.

They have lived in apartment for five years. I didn't keep a key to the apartment when they moved in, have never had one, and have never asked them for one.

Now that they are moving out, I would like to show the apartment to new prospective tenants. They have agreed to make the apartment available most reasonable times but would not give me a key so I could show it even if they weren't home.

Does the law provide that a landlord can show the apartment when the current tenant isn't there?

Is the tenant required to give me a key to do so, even though I allowed years to pass without having one?

This will probably not be a big issue as I will probably be able to get access most of the time, but I was just wondering what my rights are.
 
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BL

Senior Member
If you gave them your only keys on move in , that's your fault .

The Law reads , if the tenants change the locks , the tenants have to provide you with a set of keys to the locks .

The Law however does say the LL has a right to entry upon proper reasonable notice ( 24 ) Hrs. is reasonable , and a right to the entry Key(s) in case of emergency as the LL has a right to enter under the Law.

The LL can not abuse the quiet enjoyment though of the tenant .

Showing the Apt. is not unreasonable .

Request a copy of the entry lock from the tenant to have for emergency , or upon notice to enter .

If the tenant won't give you a copy , call a locksmith and have the lock(s) changed , and provide the tenant copy(s) .
 
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You Are Guilty

Senior Member
Does the law provide that a landlord can show the apartment when the current tenant isn't there?
Yes. There or not there, you can show it.
Is the tenant required to give me a key to do so, even though I allowed years to pass without having one?
Yep. If they don't want to give you a key, you can hire a locksmith to re-key the door, provide them with a set of the new key(s) and then charge them for the cost of the locksmith. (Most tenants will provide the key when advised of this).
This will probably not be a big issue as I will probably be able to get access most of the time, but I was just wondering what my rights are.What is the name of your state (only U.S. law)?
Your rights as a landlord are rather extensive and something you should have thought of before becoming one. That said, there are plenty of free resources available to you on the internet. Here's one:
http://www.courts.state.ny.us/courts/nyc/housing/procedural_housing.shtml

Good luck.
 

BL

Senior Member
Yes. There or not there, you can show it.

Yep. If they don't want to give you a key, you can hire a locksmith to re-key the door, provide them with a set of the new key(s) and then charge them for the cost of the locksmith. (Most tenants will provide the key when advised of this).

Your rights as a landlord are rather extensive and something you should have thought of before becoming one. That said, there are plenty of free resources available to you on the internet. Here's one:
NYC Housing Court

Good luck.
YAG , I'm not sure the LL in this case can charge for a locksmith .

The LL admits to giving the tenants keys and NOT keeping set(s) .
 

You Are Guilty

Senior Member
Dammit, you treed me in responding, too. But in re-reading the OP's post, I think you may be on to something. I did not originally interpret it as the LL giving away his last key, but it very well could be that he did. If so, he'll have to eat the cost of new locks as the price of a lesson in landlording. (Although I would be shocked if the tenant didn't change the locks at all in the intervening years - the first thing I did/do when I move someplace is to change every lock).
 

BL

Senior Member
Dammit, you treed me in responding, too. But in re-reading the OP's post, I think you may be on to something. I did not originally interpret it as the LL giving away his last key, but it very well could be that he did. If so, he'll have to eat the cost of new locks as the price of a lesson in landlording. (Although I would be shocked if the tenant didn't change the locks at all in the intervening years - the first thing I did/do when I move someplace is to change every lock).
Nahh , no intended treeding you , or your responses .

I also changed the locks at one of my Apts. after coming home twice to an unlocked entry door .

The LL was adamant that no one would have a key , because he himself changed the locks around on move in / move outs .

I replied , perhaps , but then it must have been you that left and forgot to lock it . :D

He wasn't happy that I changed it because he said he had a master key for all locks .

I did give him a set .
 

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