Tenant refusing access? Here are the landlord options by a landlord attorney.

If your tenant is refusing access it becomes very frustrating and a difficult situation however a landlord must remain professional at all times and must document everything in order to protect yourself.

A landlord cannot enter a tenant’s premises without the tenant’s permission unless there is an actual emergency. An emergency is limited to situations involving life, health and safety or serious property damage, such as a fire, flooding, or frozen pipes. In limited instances where an actual emergency is happening then a landlord can enter the premises however if there is not an actual ongoing emergency then a landlord requires permission to access.

If a tenant refuses to provide access, the landlord should carefully document every request for entry, including the date, time, and method of communication. Failure by a tenant to provide access may serve as a defense to claims for rent abatement or harassment. Proper documentation is critical and should be maintained by the landlord or their landlord attorney.

When access is denied, the landlord should send a formal access letter by certified mail with return receipt requested. Requests should also be sent by email and text message to create a clear record. Phone calls and verbal conversations are difficult to prove and should not be relied upon as the sole method of communication. A landlord lawyer can assist in drafting and sending legally compliant access notices.

Landlords must continue to request access in good faith and keep detailed records. The access letter sent via certified mail should have an access date at least 15 days after the date of mailing. The access letter must specify the reason for entry, along with the proposed dates and times. When notice is sent by certified mail with return receipt requested, the access date should be scheduled no fewer than 15 business days later, Monday through Friday.

If a tenant continues to refuse access, the landlord has several legal options.

1) The landlord owner can file a case in supreme court by filing an emergency OSC which seeks access;

2) The landlord may commence a failure to provide access holdover proceeding in housing court, provided there is an active lease and/or if rent stabilized;

3) If the tenant is month to month tenant or has a lease expiring soon then it may be best to start a 30/60 or 90 day holdover; and/or

4) If there is already an open housing court case, the landlord may file a motion requesting access.

An eviction attorney can help determine which option is most appropriate based on the specific circumstances. Feel free to call me to discuss.

Consulting with an experienced landlord attorney or eviction attorney can help ensure compliance with housing laws and protect the landlord’s rights when access is improperly denied. As always feel free to call me directly at 718-938-9732 to discuss your specific situation and your options.