New York Landlord Entry Laws: The Landlord and Tenant Guide
Notice requirements · New York City access rules · Valid entry reasons · Emergency exceptions · Reasonable hours · Tenant privacy rights — explained clearly for New York rentals
New York is one of the states with no statewide statute that fixes a notice period for landlord entry. Outside New York City, the right to enter comes from the lease and the common-law covenant of quiet enjoyment, and the New York Attorney General frames the standard as reasonable prior notice, at a reasonable time, for a legitimate purpose — with twenty-four hours written notice the accepted safe practice. Inside New York City, the rule is different and stricter: the Housing Maintenance Code (Administrative Code section 27-2008) does set notice — twenty-four hours for an inspection and at least one week written notice for repairs or improvements. A genuine emergency needs no advance notice anywhere in the state. Getting this right prevents lawsuits; getting it wrong is trespass and a breach of quiet enjoyment, and it can trigger real penalties.
This guide covers the full New York landlord entry framework — valid entry reasons, the statewide reasonableness standard, the distinct New York City access rules, notice requirements, emergency exceptions, permitted entry hours, tenant privacy rights, documentation best practices, and how to handle a tenant who refuses entry. Written for working New York landlords and informed tenants, every practice tip ties to a concrete reduction in liability. Understanding this framework is essential for landlords who want to avoid liability and for tenants who need to know when entry is lawful and when it is not.
The key principles — proper notice, a legitimate purpose, reasonable timing — apply across every New York jurisdiction, and they interlock with the state’s other tenant-protection rules. Entry sits close to the eviction process, the warranty of habitability, and the security-deposit rules, so this page links out to those neighboring guides where they matter. Treat every figure and timeframe here as a starting point and verify the current statute, the New York City code, and any local rule before you enter, refuse entry, or file a claim.
New York Landlord Entry at a Glance
Governing Law
Lease plus common-law quiet enjoyment; New York City adds Administrative Code section 27-2008
Statewide Notice
No statute; reasonable notice (twenty-four hours is best practice)
New York City Notice
Twenty-four hours to inspect; one week written for repairs
Unlawful Entry
Trespass and quiet-enjoyment damages; New York City harassment penalty two thousand to ten thousand dollars
The New York Entry Rule: The Narrow Legal Question
Before diving into scenarios, it helps to see exactly what New York law controls. Unlike states such as California, New York has no single statute that sets a landlord-entry notice period statewide. Outside New York City, the landlord’s right to enter comes from two places: the terms of the lease, and the common-law covenant of quiet enjoyment that is implied in every residential tenancy. The New York Attorney General’s tenants’ rights guidance describes the practical standard — a landlord may enter, with reasonable prior notice and at a reasonable time, to make repairs or provide services the lease allows, and may enter without notice or consent only in an emergency such as a fire or a water leak.
New York City is the important exception. There, the Housing Maintenance Code gives owners an express right of access and, at the same time, fixes the notice a tenant is owed. Under Administrative Code section 27-2008, a tenant may not refuse an owner lawful access to make repairs or improvements required by law or to inspect the unit, provided the access is exercised at a reasonable time and in a reasonable manner. The Department of Housing Preservation and Development rule at title twenty-eight of the Rules of the City of New York section 25-101 then spells out the notice tiers, which we cover in detail below.
So the narrow legal question is never simply “may the landlord enter?” A landlord can almost always enter for a proper reason with proper notice. The real question is: was this entry made with reasonable notice, for a legitimate purpose, at a reasonable hour — and in New York City, did it follow the code’s notice tiers? If yes, it is lawful. If it is unannounced, pretextual, or timed to harass, it is trespass and a breach of quiet enjoyment. Everything else on this page — valid purposes, permitted hours, refusal, remedies — orbits that single question.
This framing is what makes disciplined landlords safe and careless ones exposed. A landlord who consistently gives written notice for a real purpose and enters during business hours almost never faces a successful claim. A landlord who “swings by to check on things,” enters at night, or uses inspections to build an eviction file invites liability — even where a single entry might, in isolation, look defensible. The framework rewards process and punishes improvisation.
Takeaway
New York entry law turns on three things: reasonable notice, a legitimate purpose, and reasonable hours, all overlaid by the tenant’s covenant of quiet enjoyment. There is no statewide notice statute; outside New York City the lease and common law govern, and twenty-four hours written notice is the safe practice. Inside New York City, Administrative Code section 27-2008 sets real notice tiers. A genuine emergency needs no advance notice anywhere in the state.
How Much Notice Must a New York Landlord Give to Enter?
The honest answer has two parts. Statewide, there is no fixed statutory notice period — the requirement is “reasonable” notice, which the New York Attorney General and the courts read in light of the purpose, the urgency, any prior communication, and the tenant’s circumstances. Twenty-four hours advance written notice for a routine, non-emergency entry is the practice that is defensible in every New York court. Inside New York City, the notice is set by code, and it is more specific than a bare reasonableness test. The requirement sits alongside the covenant of quiet enjoyment, which applies regardless of what the lease says, and written notice is not merely a formality — it is the record that decides most disputes.
Extractable fact: New York has no statewide statute setting a landlord-entry notice period. Outside New York City, reasonable notice (twenty-four hours in practice) applies under the lease and the covenant of quiet enjoyment. Inside New York City, Administrative Code section 27-2008 requires at least twenty-four hours notice to inspect and at least one week written notice for repairs or improvements. A genuine emergency requires no advance notice.
Reasonable Advance Notice (Statewide)
Twenty-four hours written notice is the working standard for routine entry — inspections, repairs, and showings — anywhere in the state. For non-urgent service work, giving more than the minimum is more defensible, because it gives the tenant room to plan around the visit. Notice of less than twenty-four hours should be reserved for near-emergency situations that fall short of a true emergency but still cannot reasonably wait a full day. Because the statewide test is reasonableness, the safest course is always to put the notice in writing and state the date, the time window, and the purpose.
New York City Notice Is Set by Code
New York City landlords do not have the luxury of a bare reasonableness test. The Housing Maintenance Code sets three distinct notice tiers, which we detail in the dedicated section below: at least twenty-four hours for an inspection, at least one week written notice for repairs or improvements, and no advance written notice for an urgent or emergency repair (though the owner must still try to reach the tenant by phone, email, or a knock). A New York City landlord who applies the general twenty-four-hour habit to a non-urgent repair has actually given too little notice under the code.
Reasonable Hours
New York uses a reasonableness standard for timing rather than a fixed statutory clock. In practice, reasonable hours mean normal business hours — roughly nine in the morning to five in the evening on weekdays — with earlier-evening entries acceptable when the tenant agrees. Early-morning, late-evening, and nighttime entries are generally unreasonable for a non-emergency unless the tenant consents at the time. In New York City, the code’s “reasonable time and reasonable manner” language is read the same way.
Professional Execution and Written Documentation
Knock, announce, and wait. Enter for the stated purpose only, respect the tenant’s belongings, and leave the unit secure, then record what was done. Put every notice in writing, log every entry, and preserve every tenant communication. Documentation is the landlord’s single best defense against a later dispute, and it is the difference between a factual record and an unwinnable argument over who said what.
The safe-harbor practice
New York landlords who consistently provide proper written notice for non-emergency entry almost never face a successful legal challenge. Twenty-four hours written notice for a legitimate purpose is defensible in every New York court, aligns with industry standards, and demonstrates good-faith compliance — and in New York City, giving the full one week for a repair keeps you on the right side of the Housing Maintenance Code. When in doubt, write the notice, give the fuller period, and enter during business hours.
Quiet enjoyment applies whatever the lease says
New York tenants hold an implied covenant of quiet enjoyment — the peaceful possession and use of the rental property without unreasonable landlord interference — and it exists in every residential lease whether or not the lease mentions it. Excessive, pretextual, or harassing entry breaches this covenant and can support claims for damages, a rent abatement, or even lease termination, so the reasonableness of entry matters even when each individual visit has a stated purpose.
Takeaway
The New York notice standard is twenty-four hours written notice in practice statewide, and a set of code tiers in New York City (twenty-four hours to inspect, one week for repairs, none for an emergency). Because the ultimate test outside the City is reasonableness, courts weigh the nature, urgency, and prior communication of each entry, and the covenant of quiet enjoyment applies regardless of what the lease says.
New York City’s Statutory Access Rules (Section 27-2008)
Because roughly forty percent of New York’s renters live in New York City, the City’s own access rules deserve their own section — and they are the single most important thing a New York City landlord or tenant needs to get right. The governing provision is Administrative Code section 27-2008, part of the Housing Maintenance Code, backed by the Department of Housing Preservation and Development rule at title twenty-eight of the Rules of the City of New York section 25-101. Together they give the owner a right of access and fix the notice the tenant is owed.
Section 27-2008 provides that no tenant shall refuse to let the owner enter to make repairs or improvements required by the code or other law, or to inspect the unit to determine compliance, as long as the entry is at a reasonable time and in a reasonable manner. The rule then breaks the notice requirement into three tiers based on why the owner needs in:
| Reason for entry | New York City notice required |
|---|---|
| Inspection to determine code compliance | At least twenty-four hours advance notice |
| Repairs or improvements required by law | At least one week (seven days) advance written notice of the start |
| Urgent repair (for example, a class C violation) | No advance written notice, but notify by telephone, email, or a knock at a reasonable time |
| Emergency repair to prevent damage or injury | No advance notice; immediate access permitted |
Extractable fact: Under New York City Administrative Code section 27-2008, an owner must give at least twenty-four hours notice for an inspection and at least one week written notice for repairs or improvements. Urgent and emergency repairs need no advance written notice, but the owner must still try to reach the tenant by phone, email, or a knock. Access must be at a reasonable time and in a reasonable manner.
Two points are easy to miss. First, the one-week rule for repairs is longer than the twenty-four-hour habit most landlords carry, so a New York City owner scheduling non-urgent work needs to plan a full week ahead. Second, the tenant’s duty not to refuse access is real: a New York City tenant who blocks a lawful, properly noticed repair can be brought to Housing Court, and unreasonable refusal can even support an access-based holdover. The obligation runs both ways — the owner must notice correctly, and the tenant must then allow the entry.
Takeaway
In New York City, Administrative Code section 27-2008 and the Housing Preservation and Development rule set three notice tiers: twenty-four hours to inspect, one week written for repairs or improvements, and none for an urgent or emergency repair (with a phone call, email, or knock when possible). Access must be at a reasonable time and in a reasonable manner, and a tenant may not unreasonably refuse lawful access.
Valid and Prohibited Reasons for Entry
New York law and industry practice recognize a specific list of valid entry purposes. Any entry outside these categories invites trespass exposure. All non-emergency entries require reasonable advance notice; emergency entries require no notice but must be genuinely urgent. Knowing which category an entry falls into is the first step in deciding whether notice is required and whether the entry is defensible at all.
Standard Valid Purposes
- Routine inspection of the premises (typically one to two times per year).
- Repairs, maintenance, and improvements — both scheduled and tenant-requested.
- Showing the unit to a prospective tenant, buyer, or lender.
- Delivering legally required notices such as rent increases, lease renewals, and eviction notices.
- Service of legal process.
- Contractor visits for pest control, heating and cooling service, and similar work.
- Compliance with code enforcement orders.
Emergency Entry (No Notice Required)
- Fire, smoke, or an active fire alarm.
- Water emergencies — burst pipes, flooding, and major leaks.
- Gas leaks or suspected gas leaks.
- Security breaches — a broken door or window leaving the unit unsecured.
- Medical emergencies — a reasonable belief the tenant is incapacitated.
- Imminent threat to life, safety, or property.
Purposes That Are Not Valid
- Casual visits or “checking in” without a defined purpose.
- Harassment or intimidation of the tenant.
- Retaliation for tenant complaints or lawful activities.
- Pretextual inspections to gather eviction evidence.
- Unauthorized photography of the tenant’s belongings.
- Entry during the tenant’s absence for personal rather than business reasons.
These purposes map directly onto the neighboring bodies of New York law. A landlord delivering a nonpayment notice, for example, should read our New York eviction notice laws guide before treating an inspection as a way to build an eviction case, and a landlord entering to make a repair is exercising the same duty of upkeep that runs through the New York habitability laws. A statewide overview of how these notice rules differ across the country lives on our landlord entry laws by state hub.
| Entry category | How New York treats it |
|---|---|
| Primary authority (statewide) | Lease plus the common-law covenant of quiet enjoyment |
| Statewide statutory notice | None fixed by statute; reasonable notice (twenty-four hours in practice) |
| New York City authority | Administrative Code section 27-2008; Rules of the City of New York title twenty-eight section 25-101 |
| New York City inspection notice | At least twenty-four hours |
| New York City repair notice | At least one week written |
| Permitted entry hours | Reasonable hours (generally nine to five, weekdays) |
| Emergency entry | Yes — fire, flood, gas leak, imminent threat; no notice |
| Tenant privacy doctrine | Covenant of quiet enjoyment (common law) |
| Unreasonable refusal | Landlord may seek a court order compelling access |
| Enforcement / remedy | Trespass and quiet-enjoyment damages; unlawful-eviction penalties (Real Property Actions and Proceedings Law section 768); New York City harassment penalty (Administrative Code section 27-2115) |
Takeaway
Valid New York entry is limited to inspection, repair, showing, notice delivery, service of process, contractor work, and code compliance, each with proper notice, plus genuine emergencies that need none. Casual visits, harassment, retaliation, and pretextual inspections are not valid and expose the landlord to trespass and quiet-enjoyment liability.
Common New York Entry Scenarios
The rules are easiest to internalize through concrete examples. Each of the following is a routine New York situation, tagged with how it typically comes out under the notice, purpose, and hours framework. The pattern is consistent: proper notice plus a real purpose during business hours passes; a missing purpose, an unreasonable hour, or an unannounced entry fails.
| Scenario | How it typically comes out |
|---|---|
| Heating and cooling service call. Tenant requests a heat repair. Landlord gives written notice; a technician arrives during business hours. | ✓ Textbook compliance |
| Smoke alarm triggered. A fire alarm sounds while the tenant is away at work. Landlord enters immediately to check for fire. | ✓ Valid emergency |
| New York City non-urgent repair. A New York City owner schedules a bathroom-tile repair with only two days notice. | Caution — the code wants one week written notice |
| Drive-by “check.” Landlord enters without notice to “check on things” — no repair, no inspection, no purpose. | ✕ Likely trespass |
| Pet-violation inspection. A neighbor reports an unauthorized pet. Landlord gives twenty-four hours notice for an inspection. | ✓ Valid purpose |
| Ten in the evening entry. Landlord enters at ten at night for an “inspection,” citing no emergency. Tenant objects. | ✕ Unreasonable hours |
Takeaway
A noticed repair or inspection during business hours and a genuine emergency both pass; an unannounced drive-by “check” and a late-night “inspection” both fail. In New York City, a non-urgent repair on only a day or two of notice is a code problem — the Housing Maintenance Code wants a full week written notice for repairs.
Permitted Entry Hours in New York
New York’s entry-hours rule is a reasonableness standard: entry must occur at a reasonable time, which in practice means normal business hours — roughly nine in the morning to five in the evening on weekdays. This is not a fixed statutory clock, and the New York City code uses the same “reasonable time and reasonable manner” language. Outside those windows, earlier-evening or weekend entries generally require the tenant’s agreement or a genuine emergency justification, and a landlord who ignores this invites a finding that even a well-intentioned entry was unreasonable.
| Time window | Status |
|---|---|
| Nine in the morning to five in the evening (weekdays) | ✓ Reasonable — normal business hours |
| Weekend entry with the tenant’s agreement | ✓ Reasonable when scheduled with notice |
| Five to seven in the evening | Marginal — requires tenant agreement |
| Before eight in the morning | ✕ Unreasonable (non-emergency) |
| After eight in the evening | ✕ Unreasonable (non-emergency) |
| Any time (emergency) | ✓ Permitted with a genuine emergency |
Takeaway
Reasonable entry hours in New York are normal business hours — generally nine in the morning to five in the evening on weekdays. Evenings and early mornings are otherwise unreasonable for non-emergency entry, and marginal windows require the tenant’s agreement. Only a genuine emergency justifies entry at any hour.
Tenant Privacy and Quiet Enjoyment in New York
The New York tenant’s covenant of quiet enjoyment is implied in every residential lease, whether the lease mentions it or not. It protects the tenant’s reasonable expectation of privacy, peaceful possession, and use of the rental property. Violations can support damage claims, a rent abatement, injunctive relief, and, in severe cases, early lease termination. Understanding what quiet enjoyment actually protects is what keeps a landlord’s routine entries on the right side of the line and gives a tenant the vocabulary to push back on entries that cross it.
Privacy Expectation
Tenants have a reasonable expectation that the landlord will not enter without notice for non-emergency purposes. Surveillance or repeated unannounced entry violates this expectation, and a pattern of it is far more damaging to the landlord than any single lapse.
Peaceful Possession
Tenants are entitled to peaceful possession of the unit during the lease term. Excessive disruption — even through lawful entries — can breach quiet enjoyment, which is why frequency matters as much as the legitimacy of any one visit.
Protection from Harassment
Entry used as a tool of harassment — repeated visits, late-night entries, unannounced appearances — is unlawful regardless of whether each individual entry might be technically defensible. In New York City, a pattern of such conduct can violate the anti-harassment provisions of the Housing Maintenance Code, discussed in the remedies section below.
Right to Refuse Unreasonable Entry
Tenants can refuse entry that is unreasonable in timing, frequency, or purpose. The refusal must be communicated and documented; a tenant should avoid self-help and instead create a record that supports the refusal if the dispute escalates.
Protection from Retaliation
Real Property Law section 223-b prohibits retaliation against tenants who assert their rights or complain in good faith about improper entry. Retaliatory rent increases, service reductions, and evictions are unlawful, and the law presumes retaliation when the landlord acts within one year of the protected activity.
Quiet enjoyment is not absolute privacy
The covenant of quiet enjoyment does not mean the landlord can never enter. It means entry must be reasonable in timing, purpose, frequency, and execution. Routine property management with proper notice respects quiet enjoyment; surveillance or harassment does not. The doctrine polices how a landlord enters, not whether a landlord may ever enter for a legitimate reason.
Takeaway
Every New York tenant holds an implied covenant of quiet enjoyment that protects privacy, peaceful possession, and freedom from harassment and retaliation. It does not bar lawful entry — it requires that entry be reasonable in timing, purpose, frequency, and execution. A pattern of excessive or pretextual entry, not just one visit, is the violation.
Documentation Best Practices
New York landlords who document every entry almost never face an adverse ruling. Documentation is the single most powerful defensive tool available — it converts a “he said, she said” argument into a factual record. Build these practices into standard operating procedure and the entire category of entry disputes shrinks dramatically, because a well-kept paper trail decides most cases before they ever reach a hearing.
What to Document Before Entry
- Written notice with the date, time window, purpose, and landlord contact information.
- The method of delivery and proof — hand-delivery, posting, email, or certified mail.
- Tenant acknowledgment or non-response.
- Any tenant scheduling requests or concerns.
- Contractor scheduling and identification.
What to Document During Entry
- Actual entry time and departure time.
- Who entered — landlord, agents, and contractors, by name.
- What was observed, done, or repaired.
- Photographs of conditions where relevant (with care where tenant property is visible).
- Any interactions with the tenant during the entry.
What to Document After Entry
- A written record left in the unit if the tenant was absent.
- Follow-up communication to the tenant by text or email.
- Confirmation the unit was re-secured, with any concerns noted.
- An entry log maintained per unit, per year.
✓ New York Landlords Who Document
- Rarely face successful trespass claims.
- Win nearly all entry-dispute small claims cases.
- Retain tenants longer through fewer conflicts.
- Demonstrate good-faith compliance in any dispute.
- Can defend against retaliation allegations.
- Create consistent portfolio-wide practices.
✕ New York Landlords Who Do Not
- Face “he said, she said” disputes they cannot win.
- Lose credibility in Housing Court and small claims.
- Invite accusations of retaliation or harassment.
- Cannot prove proper notice was given.
- Risk lease-termination findings for the tenant.
- Expose themselves to class-wide inconsistency claims.
Documentation is also closely tied to inspection practice. The habits that protect an entry — a dated record, photographs where appropriate, a clear statement of what was done — are the same habits that make a move-in walkthrough defensible, which is why our how to do a move-in inspection guide and our broader rental property inspection guide pair naturally with this page. A landlord who documents entries well is usually the same landlord who documents condition well.
Takeaway
Documentation is a New York landlord’s single strongest defense. Record the notice before entry, the actual entry and departure and who entered during it, and the follow-up and re-secured status after it, keeping a per-unit, per-year entry log. A documented landlord wins nearly all entry disputes; an undocumented one cannot even prove notice was given.
When a Tenant Refuses Entry
Even with proper notice for a legitimate purpose, some New York tenants refuse entry. The worst responses are force, threat, or unauthorized self-help. The correct response is measured, documented, and legally defensible — handle a refusal as an incident requiring process, not a confrontation requiring escalation. New York’s own guidance points the way: if a tenant unreasonably withholds consent, the landlord may seek a court order for access rather than break in.
Verify proper notice was given
Before assuming the tenant is unreasonable, confirm the notice was adequate — proper time, proper purpose, proper delivery, and in New York City the correct code tier. Review the documentation first.
Communicate and offer alternatives
Contact the tenant in writing, ask what the concern is, and offer alternative times if the request is reasonable. Many refusals resolve with simple accommodation.
Document the refusal
If the refusal continues, document it in writing — the notice given, the purpose of entry, and the tenant’s stated reason — and send follow-up confirmation by certified mail.
Seek a court order for access
For persistent, unreasonable refusal, the New York Attorney General’s guidance is to ask a court to compel access. In New York City, an owner can also bring an access case in Housing Court, and unreasonable refusal can support a holdover.
Never force entry
Even with proper notice and a legitimate purpose, forcing entry over an objecting tenant invites criminal and civil liability, including unlawful-eviction exposure. A genuine emergency is the only exception.
What not to do when a tenant refuses
Never force your way in, change the locks, remove tenant belongings, cut utilities, threaten eviction without process, retaliate with a rent increase, or enter when the tenant is clearly present and objecting. Every one of these actions creates serious legal exposure — a lockout can be a class A misdemeanor and a civil penalty under Real Property Actions and Proceedings Law section 768 — regardless of whether the original entry purpose was legitimate. If the entry truly cannot wait and is not a genuine emergency, the path forward is a court order, not self-help.
Takeaway
Handle a refused entry as a process, not a confrontation: verify the notice, communicate and offer alternatives, document the refusal, and, for persistent unreasonable refusal, seek a court order for access. Never force entry, change locks, or retaliate — those actions create serious liability even when the original purpose was legitimate. Only a genuine emergency justifies entry over an objection.
What Are the Penalties for Illegal Landlord Entry in New York?
New York does not have a single flat per-entry fine for an unlawful entry. The real remedies are stronger and come from several sources working together, and a tenant facing repeated unlawful entry usually has more than one path.
Extractable fact: An unlawful landlord entry in New York is a trespass and a breach of quiet enjoyment, supporting actual damages, a rent abatement, and an injunction. A lockout or forced removal triggers Real Property Actions and Proceedings Law section 768 (class A misdemeanor; civil penalty one thousand to ten thousand dollars per violation) and section 853 (treble damages). In New York City, harassing entry violates Administrative Code section 27-2005 and can carry a civil penalty of two thousand to ten thousand dollars under section 27-2115.
Trespass and Breach of Quiet Enjoyment
An entry without notice for a non-emergency purpose, or a pattern of pretextual entry, is a trespass and a breach of the implied covenant of quiet enjoyment. The tenant can recover actual damages, seek a rent abatement for the period of interference, and, in a serious case, treat repeated intrusions as a constructive eviction that justifies ending the lease.
Injunctive Relief
Where the problem is ongoing rather than a single event, a tenant can ask a court for an injunction ordering the landlord to stop entering unlawfully. This is often the most valuable remedy in a live harassment situation, because it changes behavior going forward.
Unlawful Eviction — Real Property Actions and Proceedings Law Section 768
If a landlord crosses the line from unlawful entry to using force, threats, or a lockout to remove a tenant who has occupied the unit for thirty days or more, Real Property Actions and Proceedings Law section 768 makes that unlawful eviction a class A misdemeanor, punishable by up to a year in jail, and imposes a civil penalty of one thousand to ten thousand dollars for each violation. Section 853 separately allows a wrongfully evicted tenant to recover treble (triple) damages, and the tenant can be restored to occupancy.
New York City Tenant Harassment — Administrative Code Sections 27-2005 and 27-2115
In New York City, using entry to harass a tenant — repeated or pretextual entry meant to force a tenant out — violates the anti-harassment provision at Administrative Code section 27-2005, as defined in section 27-2004. A tenant can bring a harassment case in Housing Court, and section 27-2115 authorizes a civil penalty of two thousand to ten thousand dollars per affected unit, rising to a four-thousand-dollar minimum for a repeat violation within five years, plus other relief the court considers appropriate.
Retaliation Protection — Real Property Law Section 223-b
If a landlord raises the rent, cuts services, or moves to evict in response to a tenant’s good-faith complaint about entry or a lawful assertion of rights, Real Property Law section 223-b treats that as unlawful retaliation. The law presumes retaliation when the landlord acts within one year of the protected activity, and the tenant can raise it as a defense and recover damages.
| Remedy | Source and scope |
|---|---|
| Actual damages / rent abatement | Trespass and breach of the covenant of quiet enjoyment |
| Injunction | Court order to stop ongoing unlawful entry |
| Unlawful eviction | Real Property Actions and Proceedings Law section 768 — class A misdemeanor; civil penalty one thousand to ten thousand dollars per violation |
| Treble damages | Real Property Actions and Proceedings Law section 853 — triple damages for a forcible or unlawful eviction |
| New York City harassment penalty | Administrative Code section 27-2115 — two thousand to ten thousand dollars per unit (four-thousand-dollar minimum for a repeat) |
| Retaliation protection | Real Property Law section 223-b — one-year presumption, damages |
Takeaway
There is no flat per-entry fine in New York. The real exposure is trespass and quiet-enjoyment damages plus a rent abatement and an injunction, and, if the landlord locks a tenant out, Real Property Actions and Proceedings Law section 768 (class A misdemeanor; one thousand to ten thousand dollars per violation) and section 853 treble damages. New York City adds a harassment penalty under Administrative Code section 27-2115, and retaliation is barred by Real Property Law section 223-b.
New York City Versus the Rest of the State
The single most important distinction in New York entry law is geographic. Outside New York City, there is no statutory notice period, so the lease and the covenant of quiet enjoyment govern and twenty-four hours written notice is the safe practice. Inside New York City, the Housing Maintenance Code sets real notice tiers and a real duty of access. A landlord who operates in both places should not assume one rulebook covers both.
- New York City — Administrative Code section 27-2008 and the Housing Preservation and Development access rule govern; twenty-four hours to inspect, one week written for repairs, and anti-harassment penalties under section 27-2115.
- Rest of the state — no statutory notice period; the lease plus the covenant of quiet enjoyment control, with reasonable (twenty-four-hour) notice as the defensible standard.
- Statewide protections — the unlawful-eviction penalties of Real Property Actions and Proceedings Law sections 768 and 853, and the retaliation bar of Real Property Law section 223-b, apply everywhere in New York.
Because local rules can change, a landlord or tenant should confirm the current New York City code and any other municipal requirement alongside the statewide baseline.
Takeaway
Geography controls in New York. New York City has real statutory notice tiers and access rules under Administrative Code section 27-2008; the rest of the state runs on the lease and quiet enjoyment with twenty-four-hour notice as the safe practice. The unlawful-eviction and retaliation protections apply statewide.
Lease Entry Provisions for New York
Because there is no statewide statute filling in the details, New York’s entry framework leaves important choices to the lease. Well-drafted entry provisions reduce disputes by setting clear expectations from lease signing. A strong clause includes specific language about notice periods, delivery methods, permitted hours, valid purposes, and emergency procedures — so that neither side is guessing about what a lawful entry looks like once the tenancy is underway.
Sample New York Lease Entry Provision
“Landlord may enter the Premises for the purposes of inspection, making repairs or improvements, supplying services, or showing the unit to prospective tenants, buyers, or contractors. Except in emergencies, Landlord shall provide at least twenty-four hours advance written notice before entry, specifying the date, approximate time, and purpose. Where the Premises are located in New York City, Landlord shall follow the notice periods required by the Housing Maintenance Code, including at least one week written notice for repairs or improvements. Entry shall occur only during reasonable hours, generally between nine in the morning and five in the evening on weekdays, unless otherwise agreed. In case of emergency threatening life, safety, or property, Landlord may enter immediately without prior notice. Tenant shall not unreasonably withhold consent to entry for legitimate purposes. Nothing in this provision waives the Tenant’s covenant of quiet enjoyment or any protection required by law.”
The lease sets expectations the statute leaves open
Because New York fixes no statewide notice floor, a clear lease clause is what prevents most disputes before they start. Spell out how notice is delivered, what hours are acceptable, which purposes are covered, and how emergencies are handled, and both sides know the rules on day one — while remembering that a New York City lease cannot undercut the Housing Maintenance Code.
Takeaway
With no statewide statute to fall back on, the lease does the heavy lifting in New York. A well-drafted entry provision states the notice period, delivery method, permitted hours, valid purposes, and emergency procedure, requires at least twenty-four hours advance written notice except in emergencies, and preserves the tenant’s covenant of quiet enjoyment and the New York City code rules.
The Entry Dispute You Never Have Starts With the Tenant You Never Sign
Tenants who file entry-dispute complaints are disproportionately the tenants a thorough screening would have flagged. Comprehensive credit, income, and eviction-history reports surface conflict-prone applicants before you ever sign a lease.
The New York Landlord and Tenant Playbook
The entry framework rewards discipline on both sides. For landlords, a routine you can document holds up in any court; for tenants, knowing the rules keeps you from tolerating entries you never had to accept. New York landlords who follow this playbook almost never face an entry-dispute legal challenge — the list is short, but every item compounds with the others to create a portfolio-wide safety net.
Give notice for every non-emergency entry
Provide at least twenty-four hours written notice for every non-emergency entry, specifying the date, a time window such as between ten in the morning and two in the afternoon, and the purpose, plus the landlord or agent name and contact information. In New York City, give the full one week for a repair or improvement.
Deliver notice in a provable way
Deliver the notice by email, certified mail, or photographed posting — a method you can prove later. Offer alternative times when the tenant requests them, and consolidate entries when possible to reduce disruption.
Execute the entry professionally
Enter during reasonable hours unless otherwise agreed. Knock, announce, and wait a reasonable time. Limit activities to the stated purpose — no “while I’m here” extensions — and treat the tenant’s belongings with respect.
Leave the unit secure and document
Complete the task efficiently and leave the unit secure. Record the actual entry and departure times, note what was observed or done, and leave a written record if the tenant was absent. Send follow-up communication confirming the work.
Never retaliate; tenants, verify first
Maintain a per-unit, per-year entry log and never retaliate against a tenant who complains. Tenants: confirm the notice, purpose, and hours were proper, watch for harassment patterns, and dispute anything unreasonable in writing.
Documentation equals defense
A New York landlord with consistent written notices and documented entry logs holds the single strongest defense against any trespass, harassment, or quiet-enjoyment claim. The cost is minimal; the legal protection is comprehensive. Build the paperwork into standard procedure and entry liability all but disappears.
Lawful Versus Unlawful Entry: Common Scenarios
✓ Usually Lawful
- Noticed repair or inspection. A routine inspection or requested repair with proper advance notice, during business hours, for a stated purpose.
- Genuine emergency entry. Immediate entry for fire, flood, a gas leak, or an imminent threat to life, safety, or property, with no notice required.
- Noticed showing. A showing to a prospective tenant or buyer with proper advance notice, scheduled to accommodate the tenant where possible.
- Documented, secured exit. An entry logged with entry and departure times, a written record left if the tenant was absent, and the unit left secure.
✕ Likely Unlawful
- Unannounced “check-in.” Entering without notice to “check on things” with no repair, inspection, or defined purpose — likely trespass.
- Late-night entry. A non-emergency entry before eight in the morning or after eight in the evening, over the tenant’s objection.
- Pretextual inspection. An “inspection” staged to gather eviction evidence or to pressure the tenant, which can support a harassment claim.
- Forced entry or lockout. Forcing entry, changing locks, or cutting utilities against an objecting tenant, inviting unlawful-eviction penalties.
Frequently Asked Questions
How much notice must a New York landlord give to enter?
New York has no statewide statute that sets a fixed notice period for landlord entry. Outside New York City, the right to enter comes from the lease and the common-law covenant of quiet enjoyment, and the New York Attorney General describes the standard as reasonable prior notice, at a reasonable time, for a legitimate purpose; twenty-four hours written notice is the widely accepted safe practice. Inside New York City, the Housing Maintenance Code does set notice under Administrative Code section 27-2008: at least twenty-four hours for an inspection and at least one week written notice for repairs or improvements. A genuine emergency requires no advance notice anywhere in the state. Always verify the current law before entering.
How much notice must a New York City landlord give to enter?
New York City is stricter than the rest of the state because the Housing Maintenance Code sets actual notice periods. Under Administrative Code section 27-2008 and the Department of Housing Preservation and Development rule at title twenty-eight of the Rules of the City of New York section 25-101, an owner must give at least twenty-four hours notice to enter for an inspection, and at least one week advance written notice to enter for repairs or improvements. For an urgent repair, such as a class C violation, or an emergency repair needed to prevent damage or injury, no advance written notice is required, but the owner must still try to reach the tenant by telephone, email, or a knock at a reasonable time. Entry must be at a reasonable time and in a reasonable manner.
Does New York State outside New York City require notice to enter?
There is no statewide New York statute that fixes a notice period, so outside New York City the rule comes from the lease and the common-law covenant of quiet enjoyment. The New York Attorney General’s tenants’ rights guidance says a landlord may enter with reasonable prior notice, at a reasonable time, and with the tenant’s consent, to make repairs or provide services as the lease allows, and may enter without notice or consent only in an emergency such as a fire or a water leak. Because reasonableness is the test, twenty-four hours written notice for a real purpose during business hours is the defensible practice everywhere in the state.
Does the entry notice have to be in writing in New York?
Outside New York City, no statute requires a particular form, but written notice is strongly recommended because it creates a record that protects both sides in any later dispute. Inside New York City, the Housing Maintenance Code expressly requires written notice for a repair or improvement (at least one week ahead). A written notice that states the date, the time window, the purpose, and the landlord’s contact information is a defensible record regardless of the situation, so putting every notice in writing is the safe practice statewide.
Can a New York landlord enter when the tenant is not home?
Yes. A landlord may enter when the tenant is absent, provided proper advance notice was given for a valid purpose and the entry is at a reasonable time. Tenants do not have to be present during a landlord entry. As a matter of courtesy and good practice, the landlord should still knock and announce before entering, even when the tenant is believed to be away, and should leave a written record in the unit noting that an entry occurred and what was done.
What counts as an emergency that allows entry without notice in New York?
An emergency is a situation posing an immediate threat to life, safety, or property. The New York Attorney General gives fire and a water leak as classic examples, and gas leaks and security breaches such as a broken door or window are treated the same way. Routine repairs, a suspected lease violation, and the landlord’s convenience are not emergencies. Only a genuine, immediate threat justifies entering without the ordinary reasonable notice, and in New York City an emergency repair still calls for a telephone call, email, or knock when possible.
Can a New York tenant refuse to let the landlord in?
If the landlord has given proper notice for a legitimate purpose at a reasonable time, the tenant generally cannot unreasonably refuse entry. In New York City, the Housing Maintenance Code makes it clear that a tenant shall not refuse lawful access for repairs or an inspection. However, forcing entry against an explicit refusal is not the answer. The landlord should document the refusal, communicate in writing, and, if the refusal is unreasonable and persistent, seek a court order compelling access rather than self-help. For a genuine emergency, the landlord may enter despite a refusal.
What can a New York landlord do if the tenant unreasonably refuses entry?
The New York Attorney General’s guidance is explicit: if a tenant unreasonably withholds consent to a lawful entry, the landlord may seek a court order to gain access rather than break in. The correct sequence is to confirm the notice was proper, communicate in writing and offer alternative times, document the refusal, and then, if needed, ask a court to compel access or, in a serious case, pursue an eviction for a substantial lease violation. Forcing entry, changing the locks, or shutting off utilities is never the lawful path and can expose the landlord to unlawful-eviction penalties.
What are reasonable entry hours in New York?
New York uses a reasonableness standard rather than a fixed statutory clock. In practice, reasonable hours mean normal business hours, roughly nine in the morning to five in the evening on weekdays, with earlier-evening entries acceptable when the tenant agrees. Early-morning, late-evening, and nighttime entries are generally unreasonable for a non-emergency unless the tenant consents at the time. In New York City, the Housing Maintenance Code says access must be at a reasonable time and in a reasonable manner, which courts read the same way.
How often can a New York landlord inspect a rental property?
There is no specific statutory limit, but inspections should be reasonable in frequency. Generally, one to two routine inspections per year is considered appropriate. Excessive inspections can be viewed as harassment and can support a claim that the landlord has interfered with the tenant’s right to quiet enjoyment, so a landlord should consolidate entries when possible and avoid repeated visits that lack a clear, legitimate purpose. In New York City, a pattern of pretextual or repeated entry can also trigger the anti-harassment provisions of the Housing Maintenance Code.
What are the penalties for illegal landlord entry in New York?
An unlawful entry is a trespass and a breach of the covenant of quiet enjoyment, and the tenant can recover actual damages, a rent abatement, and an injunction to stop repeated entry, and in a serious case may terminate the lease. If the landlord uses force, threats, or a lockout to remove the tenant, Real Property Actions and Proceedings Law section 768 makes an unlawful eviction a class A misdemeanor with a civil penalty of one thousand to ten thousand dollars for each violation, and section 853 allows treble damages. In New York City, using entry to harass a tenant violates Administrative Code section 27-2005 and can carry a civil penalty of two thousand to ten thousand dollars per unit under section 27-2115, with a four-thousand-dollar minimum for a repeat violation. Retaliation is separately barred by Real Property Law section 223-b.
What is the right to quiet enjoyment in a New York tenancy?
The covenant of quiet enjoyment is implied in every residential lease in New York, whether the lease mentions it or not. It protects the tenant’s reasonable expectation of privacy, peaceful possession, and use of the rental property without unreasonable landlord interference. It does not mean the landlord can never enter; it means entry must be reasonable in timing, purpose, frequency, and execution. Excessive, pretextual, or harassing entry breaches the covenant and can support a rent abatement, damages, an injunction, or lease termination.
Can a New York landlord retaliate against a tenant who complains about entry?
No. Real Property Law section 223-b prohibits retaliation against a tenant who makes a good-faith complaint about conditions or asserts a legal right, including a complaint about improper entry. A retaliatory rent increase, service reduction, or eviction is unlawful, and the law presumes retaliation if the landlord acts within one year of the tenant’s protected activity. A landlord who documents every entry properly is far better positioned to show that any later action was for a legitimate reason and not retaliation.
What should a New York lease say about landlord entry?
Because there is no statewide statute filling in the details, a well-drafted New York lease should state the notice period, the delivery method, the permitted hours, the valid purposes, and the emergency procedure. Sample language provides for entry to inspect, repair, supply services, or show the unit; requires at least twenty-four hours advance written notice except in emergencies; limits entry to reasonable hours; permits immediate entry in a genuine emergency; and asks the tenant not to unreasonably withhold consent for a legitimate purpose. A lease cannot sign away the tenant’s covenant of quiet enjoyment, and in New York City the lease cannot undercut the Housing Maintenance Code access rules.
What is the safest way for a New York landlord to handle entry?
Give at least twenty-four hours written notice for every non-emergency entry, stating the date, the time window, the purpose, and a contact; in New York City, give the full one week for a repair or improvement; deliver the notice in a way you can prove; enter only during reasonable hours; knock, announce, and wait; limit the visit to the stated purpose; respect the tenant’s belongings; leave the unit secure; and log the actual entry and departure times. Never force entry, change locks, cut utilities, or retaliate. A New York landlord who documents every entry almost never faces a successful trespass, harassment, or quiet-enjoyment claim.
Screen Before You Sign, Not After the Dispute Starts
Get comprehensive credit, income, and eviction reports on every applicant — catch conflict-prone rental histories before move-in, and keep entry disputes from ever taking root.
Related New York Guides and Resources
Published by Tenant Screening Background Check
Established 2004 · 20+ Years · All U.S. States & Territories · Statute-Based · Attorney-Reviewed
A Private Eye Reports™ service trusted by landlords, property managers, and attorneys.
