Where access ends and intrusion begins
A tenant generally has the right to possession of the apartment, and the landlord's right to come in is limited. Most leases allow entry for repairs, inspections, or showings with reasonable advance notice and at reasonable times, and regulated apartments carry their own access rules. Emergencies such as a leak, a fire, or a gas smell are a different situation, and entry without notice may be justified. What tends to cross the line is entry with no notice and no urgent reason, repeated visits that look aimed at pressure rather than repairs, or entry while you are away to remove belongings. Changing the locks or taking your property to force you out is an unlawful eviction in New York, which is more serious than an unwelcome visit.
Showing the pattern
One unexplained entry is upsetting, but a pattern is what usually drives a legal response. Keep the lease, any access notices you received, texts or emails with the landlord or super, and photographs of anything moved or taken. Footage from a doorbell or entry camera you already have can be useful, though keep any camera aimed at your own unit and away from neighbors. A dated record of entries can help, and we can show you how to keep one that is useful to your lawyer. Do not change the locks without checking your lease and getting advice first, because that can create a separate dispute.
Ways to make it stop
Often the first step is a written message to the landlord that sets out the problem and asks that future entry come with notice. If the intrusion continues, tenants in New York City can bring a harassment claim in Housing Court, and entries used to pressure a tenant can be part of that case. Civil claims for trespass or breach of the lease may be available in some situations. A lockout is different: it calls for the police and a prompt court filing to get back in. When we first meet, we look at the lease terms, the record of entries, and whether you plan to stay long term, because that shapes how firmly to respond to a landlord trespass problem.
