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What is considered reasonable notice ? reasonable time? NYC
Anonymous5 views2 answers
So what could be interpreted for reasonable time/notice as per NYC tenant law?
I asked at the housing court and they tended to agree that 24 hours seems very reasonable and that, as we get up early all week a reasonable time can be after 12 PM.
So problem today they sent us an email at 10 am in the morning and just came 1..5 hrs later and opened with their key(real estate agents). They told me they called the landlord and said it is ok. They left and apologized (which obviously is the landlords fault).
Can they just give less than 2 hour notice and expect us
a)to read the email in that time and respond
b)just come in without my consent given no reasonable notice
c)can I argue this is definitely NO reasonable notice
Now she wants to show it any day when needed 10AM-9PM is that reasonable?
Dear Flushing Tenant:
If the lease provides that landlord and tenant may communicate by email, then likely email notice is sufficient. Your lease must also provide that the landlord or agent (broker) may have the right to show the house or apartment to possible new tenants, or purchasers.
The NYC Housing Maintenance Code relating to reasonable notice deals with notice to a tenant to provide access for repairs, etc., but does not deal with an owner's right to access by a broker to enter to show the home or apartment to a new tenant or purchaser.
">>>No tenant shall refuse to permit the owner, or his or her agent or employee, to enter such tenant's dwelling unit or other space under his or her control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The department may by regulation restrict the time and manner of such inspections. >>>"-
See more at: http://codes.lp.findlaw.com/nycode/ADC/27/2/2/1/27-2008#sthash.0qqt6ENd.dpuf
You and your landlord may come to deal with a serious legal dispute. Before you choose to resist the broker's access to the home or apartment, make sure you have a lawyer on your side.
Why don't you simply call or email your landlord and let them know a reasonable schedule that works for everyone? Your lease most probably requires you to grant access to potential new tenants and their agents/brokers, etc. during the last 60 days of your lease (most NYC leases have this provision). You should re-read your lease to see what that provision says. In short, you have to grant access to your landlord upon reasonable notice. What happened today sounds like a mistake-the broker left and apologized. Just let your landlord know your concerns. These things tend to have a way of working themselves out. Especially since it seems, from your question above, that you are leaving your rental soon.
