TIP OF THE MONTH - March 2016
What To Do When Tenants Unreasonably Deny Entry
Source: New York Landlord’s Law Book
By: Attorney Mary Ann Hallenborg
Occasionally, even if you give a generous amount of notice and have a legitimate reason, a tenant may refuse to let you in. If you repeatedly encounter unreasonable refusals to let you or your employees enter the premise, you can probable legally enter anyway, provided you do so in a peaceful manner.
Never push or force your way in. Even if you have the right to be there, you can face liability for anything that goes wrong.
For practical reasons, do not enter alone. If your really need entry and the tenant is not home, it is just common sense to bring someone along who can later act as a witness in case the tenant claims some of their property is missing.
If you have a serious conflict over access with an otherwise satisfactory tenant, a sensible first step is to meet with the tenant to see if the problem can be resolved. If you come to an understanding, follow up with a note to confirm your agreement.
If attempts at comprise fail, you may be able to terminate the tenancy.
NOTE FROM CROSSETT REAL ESTATE
If you take someone as a witness, make sure the witness does not have any interest or conflict and is not related. Right of Entry-changes of locks should be disclosed in your rental agreement.
This web page was updated on 03/01/2016.