In New York, a landlord cannot enter your apartment without permission unless there is a genuine emergency. For any routine reason — repairs, inspections, or showings — the landlord needs a legitimate purpose, reasonable advance notice, and your consent. New York State does not fix a specific notice period by statute, but the accepted standard in New York City is at least 24 hours of written notice before a non-emergency visit. Signing a lease gives you the right to exclusive possession, and the landlord’s ownership of the building does not override that.
When a Landlord Is Allowed to Enter
New York City’s Housing Maintenance Code lists the lawful reasons narrowly. Under NYC Administrative Code § 27-2008, a tenant may not refuse entry when the owner or their agent needs to make repairs or improvements required by law, or to inspect the unit for code compliance. The entry has to happen “at a reasonable time and in a reasonable manner.”1New York Codes, Rules and Regulations. New York City Administrative Code 27-2008 – Owner’s Right Of Access
Showings to prospective tenants or buyers are not covered by § 27-2008. That right comes from the lease itself. Most standard New York leases include a clause allowing the landlord to show the unit during the final months of the term. If your lease has no such clause, the landlord’s ability to bring strangers through your home rests on much weaker ground. Either way, the same notice and reasonable-time rules apply.
Beyond repairs, inspections, and lease-authorized showings, a landlord has no general right to enter. They cannot drop by to check on you, see how you are using the space, or satisfy curiosity about your living situation. The New York State Attorney General’s tenants’ rights guide confirms that if a tenant unreasonably withholds consent for a lawful entry, the landlord’s remedy is to seek a court order permitting access, not to force their way in.2New York State Attorney General. Residential Tenants’ Rights Guide
Emergencies
A genuine emergency is the only circumstance where a landlord can enter without notice or consent. Standard examples are a burst pipe flooding neighboring units, a gas leak, a fire, or smoke coming from under the door. The New York court system recognizes that an owner has the right to enter immediately in these situations to prevent property damage or injury.3New York State Unified Court System. Emergency Access and Repairs – Landlords
The exception is narrow. A landlord who claims “emergency” to justify an unannounced visit for routine maintenance is misusing it. Even in a real emergency, the intrusion should be limited to what the situation requires. Entering to shut off a water valve is not an invitation to inspect the rest of the apartment.
What Counts as Proper Notice
New York State does not set an exact number of notice hours in statute. The law requires “reasonable prior notice” given “at a reasonable time.” In New York City, the working standard is at least 24 hours of advance notice for routine matters like minor repairs, inspections, or showings. That figure comes from established practice and court interpretation rather than a specific statutory provision.2New York State Attorney General. Residential Tenants’ Rights Guide
What counts as reasonable expands with the scope of the work. A landlord scheduling a major renovation that will displace your use of the kitchen for a week should give more than 24 hours. Courts look at the totality of the circumstances, and a tenant arguing they received too little notice for a large project has a stronger case than one making the same argument about a 20-minute repair visit.
Written notice is the safest form. A note slipped under the door or a letter to the apartment creates a paper trail. Whether text messages or emails satisfy the writing requirement depends on what your lease says. If the lease defines acceptable communication methods, those terms control. Without such a clause, electronic messages sit in a gray area, so if you anticipate a dispute, stick with paper.
Reasonable Hours
Non-emergency entry is generally expected to happen during standard business hours, typically between about 9 a.m. and 5 p.m. on weekdays. A landlord who shows up at 10 p.m. for a routine inspection is almost certainly overstepping. NYC’s harassment rules specifically flag “repeatedly contacting or visiting any person lawfully entitled to occupancy during non-business hours” as potential harassment.4NYC Housing Preservation and Development. Tenant Harassment
If both parties agree, a visit outside business hours is fine. Some tenants prefer an evening or weekend slot so they can be home during the work. The key word is “agree.” Get that agreement in writing.
When You Can Refuse Entry
A tenant can refuse entry when the landlord has not given proper notice, arrives at an unreasonable time, or has no lawful reason for the visit. Your lease gives you exclusive possession, and that possessory right lets you control who walks through the door. A landlord who owns the building but shows up unannounced on a Saturday morning to “look around” has no more right to enter than a stranger would.
You cannot unreasonably block a landlord who follows the rules. If proper notice was given for a legitimate repair scheduled during business hours, refusing entry could put you in breach of your lease. The court system confirms that a tenant’s refusal to allow lawful access can become grounds for an eviction proceeding.3New York State Unified Court System. Emergency Access and Repairs – Landlords Deny entry when the landlord hasn’t earned it; cooperate when they have.
Even when you rightfully refuse, a landlord cannot retaliate by shutting off utilities, removing your door, or changing your locks. Those tactics cross into unlawful eviction territory, and NYC law treats them seriously regardless of whether the landlord believes they had a right to enter.
What to Do If Your Landlord Enters Without Permission
The tenants who fare best in these disputes document everything before they need to prove anything. If your landlord enters without notice, write down the date, time, what happened, and whether you were home. Take photos if there is evidence of entry: moved items, unlocked doors, work done without your knowledge. Save any text messages, voicemails, or emails related to entry requests.
If the behavior continues, send a written letter to the landlord citing the specific incidents and asking for proper notice going forward. Keep a copy. This puts the landlord on notice that you are tracking the problem and creates a dated record if you later file a claim. Tenants who wait months to document anything find their claims harder to prove. Memory fades, and “sometime in March” is a weak foundation for a legal case.
Legal Remedies for Repeated Unauthorized Entry
A single unannounced walk-in is jarring, but the law’s strongest tools activate when the behavior forms a pattern.
Harassment Claims in Housing Court
NYC defines harassment broadly as any act by or on behalf of an owner intended to cause a tenant to give up their rights or vacate. Repeated visits during non-business hours, entering without notice, and using access to intimidate can all qualify. Tenants can file a harassment claim directly in Housing Court.4NYC Housing Preservation and Development. Tenant Harassment If the court finds harassment, it can order the landlord to stop and impose civil fines ranging from $2,000 to $10,000 per incident, with the tenant eligible for a minimum of $1,000 in compensation.
Criminal Trespass
A landlord who knowingly enters your apartment without permission and without a lawful basis can face criminal trespass charges under New York Penal Law § 140.15. Entering or remaining unlawfully in a dwelling is criminal trespass in the second degree, a Class A misdemeanor.5New York State Senate. New York Penal Law 140.15 – Criminal Trespass in the Second Degree The potential sentence is up to one year in jail. Police may treat a single incident as a civil matter, but a documented pattern strengthens the case for criminal enforcement.
Warranty of Habitability and Rent Abatement
When unauthorized entries become frequent enough to undermine normal use of the apartment, you may claim a breach of the warranty of habitability. Every residential lease in New York carries an implied warranty that the apartment will be livable and your occupancy will not be materially disrupted. A court that agrees the intrusions reduced your enjoyment of the space can order a rent abatement, reducing rent in proportion to how much the violations degraded the apartment’s value as a home.6NY Courts. Warranty of Habitability Fact Sheet
Injunctions
In severe cases, a court can issue an injunction prohibiting the landlord from entering except under specific conditions or judicial supervision. Violating an injunction exposes the landlord to contempt of court.
Can You Change the Locks?
Tenants in New York City can change their locks, but the law requires you to provide a copy of the new key to the landlord.7NYC Housing Preservation and Development. Tenant Rights and Responsibilities This balances your security concerns with the landlord’s need for emergency access. Changing the locks and keeping the only key can lead to a lease violation, liability if the landlord cannot reach a burst pipe, and possible deductions from your security deposit for damage caused by forced entry.
A landlord who changes your locks without giving you a new key, or who locks you out entirely, violates NYC’s Unlawful Eviction Law under NYC Administrative Code § 26-521, unless the landlord holds a court-issued warrant of eviction. If you are locked out, you can start an illegal lockout proceeding in Housing Court to regain access.
Smart Locks and Access Data
As keyless entry systems spread through New York City apartment buildings, the potential for landlords to digitally monitor tenants has grown. NYC’s Tenant Data Privacy Law (Local Law 63 of 2021) regulates how building owners collect and use data from smart access systems such as fobs, apps, and biometric readers.
A landlord installing a smart access system must get your written or app-based consent before collecting your data. The data is limited to what is strictly necessary for granting building access: name, unit number, access method, and entry timestamps for security purposes. The landlord cannot use GPS or similar tracking to monitor your location outside the building, cannot use the data to harass or evict you, and must destroy authentication data within 90 days.8NYC Housing Preservation and Development. Tenant Data Privacy Law Selling or sharing your smart lock data with third parties without your consent is prohibited unless required by law.