Expert: liznarr - 12/13/2006

Question
Hello  We live in NY State(Long Island)-Renting a 2 family home for last 6 years(we have upstairs)--House has been put up for sale by landlord,what rights do we have concerning when the real estate can access the apartment and show it? Can they just show up unexpected with the landlord or do we have to be here too.How about an "open-house"-we love our privacy and don't want to be putting our time aside any time they just want to show up.I thank you.  Mr.&Mrs. Martinez

Answer
Hi Mr. & Mrs. Martinez,

I am assuming (and hoping) that you have a written rental/lease agreement.  Whatever is written into your rental/lease agreement is what will prevail, along with NY State Law.

When property is leased, notwithstanding any language to the contrary, you generally have full legal rights, except ownership, of course.  

I am not familiar with NY real estate law.  In SC where I live and work, if an owner wants to sell a property that is being leased/rented out, the tenant has to sign a form giving the landlord and/or real estate company permission to place a lockbox on the property for access; ditto for granting permission to show the property even without a lockbox.  A landlord simply could not show up at a tenant’s doorstep and expect that, without prior consent, a tenant in SC would (or should) agree to such a request.

Here is a web address I found online about tenant rights in New York http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

A related topic to your question on the above site (under one of the main sections) “Tenant’s Personal Rights,” and subsection entitled “Right to Privacy” is quoted below:

“Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable television facilities. (Public Service Law §228).”

The above language, as I read it, “might” give a landlord permission to show your apartment to prospective purchasers, but ONLY with reasonable PRIOR notice and at REASONABLE times.  (It’s the language “or (b) in accordance with the lease” that I am wondering about.)  

In the ABSENCE of language in any written lease agreement that you signed giving a landlord permission to show to prospective tenants, my question is … in your situation, if your lease has NO language in it authorizing the landlord to show prospective buyers at reasonable times with reasonable prior notice, would the landlord have ANY legal right to show without your permission?  

In other words, if NY law gives a landlord this right and there is nothing in your lease agreement regarding this, would the landlord still be able to show to prospective tenants, with stipulations?  It’s my understanding that any language written into any contract cannot override state or federal law.  This is a legal area, and I am not qualified to give you legal advice.  

Note that there is NO language in the above quote regarding (1) an Open House, and (2) No language granting any rights to any agent of a landlord (aka, real estate licensee, repairman, etc.).  It infers that the “landlord” may enter, “with” a repairman or prospective tenant/purchaser.

As additional information, if you have a written lease agreement and the apartment were to sell, real property generally conveys along WITH any lease in effect; and no one could, without your written agreement, change any of the terms or conditions of the written lease or force you out before the expiration of your written lease agreement.   Again, this is notwithstanding any language to the contrary in any written lease agreement that you have.    

There is a link on the home page (very near the bottom) to regional offices of the NY Attorney General’s office with phone numbers.  Whether you have a written lease or not, you might want to call one of the Attorney General offices and ask what the position of NY State law for your situation would be.

Another site I found with general info is http://www.lectlaw.com/files/lat01.htm

I hope the above is helpful to you.  Good luck to you, and write again if you have additional questions.

Regards,
Elizabeth