Behind Closed Doors

What is behind the closed door of your tenant's apartment? A 350 pound Bengal tiger? Marijuana plants? Alterations made without your consent? Pets (despite the no-pet clause in the lease)? Gallons of paint, turpentine and paint remover or other hazardous materials? Illegal subtenants? A water bed (prohibited by the lease)? Leaking pipes, or other items requiring repair? An apartment being used as an office?

What is not in your tenant's apartment? Perhaps your tenant, who is living somewhere else!

The downturn in the economy has recently led some tenants to make money by turning their apartments into illegal rooming houses. They subdivide their apartments with drywall partitions, or simply with curtains, and allow three or four other families to reside with them. Who is liable in the event of a fire? You, the landlord.

For all of these reasons, and many more, it is important that you or your managing agent gain access to your tenant's apartments at least once per year. Landlords are allowed, by New York City Law, to perform a routine check on the physical condition of their apartments. Why do we recommend visiting only once per year? Because landlords' right of access must be balanced against tenants' right of privacy in their homes.

Of course, landlords or their agents are required by law to make necessary repairs to tenants' apartments. While making the repair, the repair-person should keep their eyes and ears open, and immediately report any problems or suspicions to the landlord, who can then seek legal advice, if necessary.

If you would like access to your tenant's apartment, the first step is simply to telephone your tenant and make a mutually agreeable arrangement. If this is not possible, then you should follow the New York City Administrative Code, and give your tenant a seven-day notice requesting access. We recommend a written notice, sent by certified mail and regular mail. You must allow five days for mailing, so the access date should be set at least twelve days after the date of mailing. If the tenant persistently refuses to give access, you should consult your lawyer about bringing a holdover (eviction) proceeding to gain access.

Warning: This blog is too short to cover the subject of access thoroughly. A good concise discussion of the subject, written in plain English, can be found in Chapter 10 of "The New York Landlord's Law Book" by Attorney Mary Ann Hallenborg, published by NOLO press.

Sources:
The New York Times:
"Police Subdue a Tiger in Harlem Apartment" 10/5/03
"Partitioned Apartments Are Risky, but Common in New York" 2/22/09
"Hundreds of Marijuana Plants Seized at Chinatown Apartment" 9/20/03