Expert: Laurie Stephenson - 6/17/2009

Question
I have been renting an apartment for nine years on Long Island and my landlady has passed away.  The children are now selling the home by owner and are showing the house.  I am wondering what my rights are as a tenant.  The agreement was a month to month and I have an indoor cat that I am worried about.  The children do not close the downstairs door even though I have expressed that is my primary and sole concern.  They recently called at 8:30 AM advising that they would be showing the house at 9AM and again the same day at 8:30PM.  Is there a way I can find out what I can politely request of them knowing what my rights are?

Answer
Hi Jennifer,
You stated that you are on a month to month agreement, and have been in this house for 9 years. You also stated a concern that the landlord is not giving you enough notice to show your apt. Also that the land lord fails to properly secure the apt door upon exiting.

According to Modern Real Estate Practice in New York - 8th Edition by Edith Lank:

Leases may be terminated by the expiration of the lease period, mutual agreement of the parties, or breach of the lease by either landlord or tenant. Neither the death of the tenant or the landlord's sale of the rental property terminates the lease. When the property is sold, the lease does not terminate. If a landlord conveys leased real estate, the new owner takes the property subject to the rights of the tenant. The lease survives the sale and continues as it was.
A written lease for a definite period of time expires at the end of that time period; no separate notice is required to terminate. Oral and written leases that do not specify a definite expiration date (such as month to month) may be terminated by giving proper written notice, usually 30 days.

A Landlord may enter a tenant's apt only with reasonable prior notice, to provide repairs or service in accordance with the lease or to show the apt to prospective tenants or purchasers. The landlord may enter without prior permission only in an emergency.

All that being said, I am a Realtor, not an Attorney. You should contact a local Attorney in your area to get his/her opinion. I think you could probably get the Attorney to write a letter to the landlord that defines your rights and let them know that they do have boundaries to observe in showing your area of their property. I'm sure that this won't cost that much and will give you some peace of mind. You might begin by politely asking for their consideration, but if that doesn't do it, a letter from an Attorney usually will do the trick.
Good Luck,
Laurie