Free New York Landlord Notice of Entry — overview

A New York Landlord Notice of Entry is a written notice from landlord to tenant of intent to enter the premises. New York does NOT have a statewide statutory notice period for routine entry – the requirement comes from the lease and common-law principles. Most NYC leases require 24-48 hours’ written notice.

Complete the Landlord Notice of Entry

Complete the form below to generate a New York Landlord Notice of Entry. The notice must specifically identify the date and time window of entry, the purpose, and the persons who will enter. Vague notices can violate the tenant’s right to quiet enjoyment of the premises. Even where state law does not impose a specific notice period, lease terms and common-law principles of reasonableness apply.

About the New York Landlord Notice of Entry

New York is among the states without a statewide statutory entry-notice requirement for routine landlord entry. The notice requirement comes from the lease itself and the common-law covenant of quiet enjoyment, implied in every NY residential lease (RPL §235-b is the warranty of habitability; RPL §235 is the statutory bar on wilfully interfering with quiet enjoyment). Most NYC residential leases require 24 to 48 hours’ written notice for non-emergency entry. The NYC Multiple Dwelling Law (MDL) and Housing Maintenance Code (HMC) include provisions for certain landlord inspections, particularly in multi-unit buildings. HSTPA (2019) significantly strengthened tenant procedural rights including expanded protections against retaliatory or harassing landlord conduct, but did NOT add a specific entry-notice statute. Best practice in all NY tenancies: written notice 24+ hours in advance (or as required by lease), specific date/time/purpose, reasonable hours (typically 8am-6pm unless tenant agrees otherwise).

New York Entry Notice Framework

• No statewide statutory entry-notice requirement in New York
• Notice requirement comes from the lease + common-law quiet enjoyment; in New York City, from Admin. Code §27-2008 with 28 RCNY 25-101 (24 hours to inspect; one week’s written notice for a repair)
• NYC leases typically require 24-48 hours written notice
• NYC: Multiple Dwelling Law + Housing Maintenance Code for inspections
• HSTPA (2019): strengthened tenant procedural rights generally
• Best practice: written notice 24+ hours + reasonable hours + identified purpose

Permitted Purposes for Entry

New York landlords may enter for purposes specified in the lease, plus any purpose permitted by common law: necessary repairs, periodic inspections (annual, pre-renewal, move-out), showing the unit to prospective tenants or buyers, pest control, and other ordinary purposes. In NYC multi-unit buildings, the MDL and HMC may also impose certain landlord inspection obligations. Entry must be at reasonable times.

Emergency Entry — When No Notice Is Required

Genuine emergencies (fire, flood, gas leak, sewage backup, immediate threat to life or property) permit landlord entry without advance notice in New York as in all U.S. states. The landlord should document the emergency contemporaneously and limit the scope of entry to addressing the emergency.

What Happens If Landlord Enters Without Proper Notice

While New York has no entry-notice statute of its own, RPAPL §768 makes an unlawful eviction a class A misdemeanor with a civil penalty of one thousand to ten thousand dollars per violation and RPAPL §853 allows treble damages, and, the tenant may sue for breach of the lease (failure to follow lease entry provisions), breach of the implied warranty of quiet enjoyment under RPL §the covenant of quiet enjoyment, trespass, and (in extreme cases) harassment under HSTPA-strengthened tenant-protection rules. NYC also has Tenant Harassment laws (NYC Administrative Code §27-2004) that may apply to repeated unjustified entries. Tenant remedies may include rent abatement, actual damages, attorney fees, and (in extreme cases) constructive eviction.

Best Practices

• Always provide written notice. Even in states without specific statutory requirements, written notice protects both parties and creates a record.
• Be specific. Identify the date, time window, purpose, and who will enter. Vague notices can violate the tenant’s right to quiet enjoyment.
• Enter at reasonable times. Default to business hours (8am-6pm) unless the tenant explicitly agrees otherwise.
• Limit entry to stated purpose. If the notice says “HVAC repair,” do not also conduct an unannounced inspection of other rooms.
• Respect tenant scheduling. If the tenant has a reasonable conflict, work with them to reschedule when feasible.
• Document delivery. Retain a copy of the notice with proof of delivery (photo of posted notice, email read receipt, text screenshot).

Related Resources

• New york landlord entry laws
• New york habitability laws
• New york landlord tenant laws
• New york security deposit laws
• New york eviction notice laws
• Landlord entry laws by state

NYC’s Two-Track Notice Rule: Inspections vs. Repairs

Inside New York City, 28 RCNY §25-101 (adopted under Housing Maintenance Code §27-2008) does not set one notice period — it sets two, depending on why the owner is coming in. Understanding which track applies avoids both under-notifying a tenant and over-promising a delay that isn’t legally required.

• Compliance inspections: where the owner or a representative is entering only to inspect for compliance with the Multiple Dwelling Law or Administrative Code, 28 RCNY §25-101(a)(1) requires notice “not less than twenty-four hours in advance.”
• Repairs and improvements: where the owner is entering to make a repair or improvement required by law, 28 RCNY §25-101(a)(2) requires written notice “not less than one week in advance” of the start date — a materially longer window than the inspection track.
• Urgent and emergency repairs: 28 RCNY §25-101(a)(3) removes the advance-written-notice requirement entirely for repairs that are urgently needed (e.g., an open Housing Maintenance Code Class C violation, excluding lead-paint hazards) or genuinely emergent (leaking gas piping, leaking water piping, a stopped-up drain, a leaking roof, a dangerous ceiling condition). The owner must still notify the tenant by phone, email, or knocking at a reasonable time the tenant would be expected to be home — just not in advance.
• Utility interruptions: a separate rule at 28 RCNY §25-101(a)(4) applies when a repair in a public or common area will interrupt heat, hot water, cold water, gas, electricity, or elevator service for more than two hours: the owner must post written notice at least 24 hours ahead, in English, Spanish, and any other language the owner deems necessary, identifying the service affected and the expected start and end times. An unanticipated interruption under two hours does not require advance posting, but the owner must post as soon as possible if the work runs two hours or longer.

None of these NYC-specific minimums appear in a statewide statute — they exist only inside the Housing Maintenance Code and its implementing rule, and only apply within the five boroughs. A landlord operating in Buffalo, Rochester, or Albany is bound by the lease and common-law quiet enjoyment described above, not by 28 RCNY §25-101.

Does Rent Stabilization Change the Entry-Notice Rule?

Rent stabilization changes a great deal about a New York City tenancy — lease renewal rights, allowable rent increases, succession rights — but no additional, rent-stabilization-specific entry-notice statute or DHCR regulation was located during this research. The 28 RCNY §25-101 framework above (24 hours for inspection, one week for repairs, reduced notice for urgent/emergency work) applies the same way to a rent-stabilized unit as to a market-rate unit in the same building; rent-regulation status does not currently create a separate or longer notice window on its own. A rent-stabilized tenant’s lease may still impose a longer period than the code minimum, and that lease term controls if so. This is a negative finding, not a confirmed absence — a landlord managing rent-stabilized housing should still confirm current DHCR guidance and the specific lease rider before relying on the 24-hour/one-week code minimums as the ceiling.

Frequently Asked Questions

Is there a New York State law requiring 24 hours’ notice before a landlord enters?

No. New York has no statewide statute setting a notice period for routine landlord entry. The 24-hour figure that shows up in NYC guidance comes from 28 RCNY §25-101(a)(1), and it applies only to compliance inspections inside New York City — it is a local rule, not a state law.

How much notice does a landlord need to give for a repair in NYC?

One week’s written notice under 28 RCNY §25-101(a)(2), unless the repair is urgently needed or an emergency, in which case §25-101(a)(3) allows the landlord to proceed with same-day notice by phone, email, or knocking.

Can a New York landlord enter without any notice at all?

Only in a genuine emergency — fire, flood, gas leak, or another condition posing an immediate threat to life or property — and for urgent Housing Maintenance Code repairs under 28 RCNY §25-101(a)(3), where reasonable contemporaneous notice (not advance written notice) still applies.

What can a New York tenant do if a landlord enters improperly?

Depending on the facts, a tenant may have claims for breach of the lease, breach of the covenant of quiet enjoyment under RPL §235, unlawful eviction under RPAPL §768 (a class A misdemeanor carrying a civil penalty of $1,000 to $10,000 per violation), or an action for forcible or unlawful entry under RPAPL §853. NYC tenants may also have a claim under the Tenant Harassment provisions of NYC Admin. Code §27-2004 for a pattern of unjustified entries.