Featuring real estate articles and information to help real estate buyers and sellers. The Nest features writings from Georges Benoliel and other real estate professionals. Georges is the Co-Founder of NestApple and has been working as an active real estate investor for over a decade.
Landlords are known for ruling over their properties with an iron fist, and that’s no joke. We have all heard about landlords getting too excited about having power. Sometimes, it can turn into a horror story worthy of the news. There are a lot of grey areas that make people worry about the true power a landlord can hold. What can a landlord do during an inspection?
Ever wonder what they can do and where the line gets drawn? It’s a common question among renters, so knowing your tenant rights is good. Let’s discuss tenant rights NYC and landlord rights NYC.
The landlord has a lot of power regarding what they do with their properties. A typical owner is allowed to do the following:
If you have already signed a residential lease agreement, don’t be fooled into thinking that your landlord can get away with whatever they want. The most common question is, “Can landlords do random inspections?”. Even though you are renting, you have the right to privacy, so frequently, people wonder if their owner can enter their home without permission.
In short, the answer is no. Your landlord must inform you in writing beforehand if they need to enter the property, except in the case of an emergency. Tenants have the right to privacy, but landlords also reserve the right to enter the rental property under the approved conditions. These are in your leasing agreement.
However, if a landlord tries to enter your home without advanced written notice, say for a “random inspection,” the tenant has every right to refuse entry.
According to federal law, all legal tenants possess what is known as the “Right To Quiet Enjoyment.” This, by definition, means “A property owner or tenant’s right to own and use their property without disturbance, including by a person with the superior title. Disruption of an owner or tenant’s possession or use may constitute a nuisance.
A deed or lease may include a covenant of quiet enjoyment to insure an owner or tenant against a disturbance.”
This law allows you to live in a rental property peacefully and without disturbance. Your landlord violates your request for quiet enjoyment if, for example, your landlord frequently makes unnecessary and unannounced visits to the property or harasses you on the phone or in person.
There are still limitations to a landlord’s power. These issues below are things that cross the line:
If you feel your landlord violated your tenant’s rights, there are ways to take legal action against them. It would help if you never thought that, as a tenant, you do not have the right to live peacefully and undisturbed in your rental residence.
Just because the landlord owns or is in charge of the investment property doesn’t mean they can do whatever they like. And if they do something illegal, you can take action and get your landlord in Trouble.
The first thing you should do is review the terms of your lease and make notes of any actions your landlord has taken that you think might be illegal or violate your rights. Having as much detail as possible is essential to sue or bring legal action before the supreme court or Landlord-tenant Court NYC.
Some common reasons people take their landlords to court include refusing to return a security deposit, refusing repair requests, entering the property without proper notice, and violating the Fair Housing Act.
If it’s a matter of your landlord locking you out of your house, then your best bet is to call 911 and report an illegal eviction. Similarly, it would help if you always got a real estate lawyer to review the situation. this is especially true for protected classes who can invoke the fourth amendment.
Document things, and make sure to look for a new apartment as soon as you can. You’ll be glad to get out of there.Lastly, check the lease expiration date to check when the lease expires.