Apartment in NYC - Does Landlord Have to Have Key to all Rooms in Apartment?

[George]

Just wondering.

My landlord seems certain that she is entitled to a key to my bedroom. I am on the lease. A quick Google search reveals that the landlord is only entitled to a copy of the key if it's in the lease. My lease states nothing about keys, but that "the tenant must follow the Landlord's Rules" but I assume that the Landlord does not have the authority to override the law.

[Bunny]

Just wondering.

My landlord seems certain that she is entitled to a key to my bedroom. I am on the lease. A quick Google search reveals that the landlord is only entitled to a copy of the key if it's in the lease. My lease states nothing about keys, but that "the tenant must follow the Landlord's Rules" but I assume that the Landlord does not have the authority to override the law.

This is a situation where it would help to have a friend who's a lawyer. 

[George]

This is a situation where it would help to have a friend who's a lawyer. 

Especially with my slippery landlord. She tried to get into an argument with me tonight about this, swearing up and down that she legally has the right. I haven't read one thing that supports her claim and I've read three different things that say she doesn't have the right to a key, so she 'aint getting one. 

[Bulldog]

Just wondering.

My landlord seems certain that she is entitled to a key to my bedroom. I am on the lease. A quick Google search reveals that the landlord is only entitled to a copy of the key if it's in the lease. My lease states nothing about keys, but that "the tenant must follow the Landlord's Rules" but I assume that the Landlord does not have the authority to override the law.

Clear up something for me.  Do you just lease a bedroom or an entire apartment?

[George]

Clear up something for me.  Do you just lease a bedroom or an entire apartment?

I am a co-leaseholder for the entire 2 bedroom apartment. My landlord has the keys to everything except the lock on my bedroom door.

[Holden]

As the owner of the building she has every right to have a key to all parts of the property - she owns it! What she can't do is enter at will, this is something that she has to negotiate with you. Even if you've installed your own lock on your bedroom door (which possibly contravenes the lease agreement) she has the right ask for access. I suspect that she could also legally ask you to remove the lock if you didn't clear it with her. You could check this out with a lawyer but there might be someone on this forum who can tell you her rights as opposed to yours.

As an aside, you appear to have some issues with your landlord which is the best reason for moving I've come across.

[Scarpia]

My experience is similar to what Holden describes.  I don't remember encountering any language dealing with individual locks, but the landlord reserves the right to inspect the property, which would preclude installing locks which would deny the landlord access. 

[George]

As the owner of the building she has every right to have a key to all parts of the property - she owns it! What she can't do is enter at will, this is something that she has to negotiate with you. Even if you've installed your own lock on your bedroom door (which possibly contravenes the lease agreement) she has the right ask for access.

My lease states that the "landlord may enter at reasonable times to examine, make repairs or alterations, and to show it to possible buyers, lenders or tenants." It does not say that I can't install a lock on my door or be present when she visits at a reasonable time. I have valuable stuff, including a new rug that I don't want stained/damaged by dirty feet.

I suspect that she could also legally ask you to remove the lock if you didn't clear it with her.

Her husband installed the lock to my bedroom and they agreed to allowing me a lock on the bedroom door before I moved in. I moved in 3 months ago, so it's a little strange that suddenly it's important for her to have a key. This was her first request for one. 

You could check this out with a lawyer but there might be someone on this forum who can tell you her rights as opposed to yours.

Yeah, I need to know where I can get free legal advice about this stuff. I was going to try a Realtor today to see if they know about this stuff.

Anyone know where I can get free legal advice in New York City?

[George]

Found this great site and asked my question. It appears that qualified people answers these questions every day.

http://www.avvo.com/legal-answers-search/real-estate/ny/new_york.html

My question - http://www.avvo.com/legal-answers/does-landlord-have-the-legal-right-to-have-a-copy--199798.html

[Scarpia]

My lease states that the "landlord may enter at reasonable times to examine, make repairs or alterations, and to show it to possible buyers, lenders or tenants." It does not say that I can't install a lock on my door or be present when she visits at a reasonable time. I have valuable stuff, including a new rug that I don't want stained/damaged by dirty feet.

Her husband installed the lock to my bedroom and they agreed to allowing me a lock on the bedroom door before I moved in. I moved in 3 months ago, so it's a little strange that suddenly it's important for her to have a key. This was her first request for one.

It could be that your landlord assumed that her husband retained a copy of the key and just found out that he failed to do so.  It is also very easy to imagine that a "reasonable time" to inspect the property could include when you are not there.  For instance, there is a plumbing problem in an apartment above and she must inspect your apartment for water damage, an electrician is working on something in the apartment above and needs to access the wiring in your wall, a building inspector arrives are demands to see fire escapes, etc.  I think you have no argument.

[Holden]

.....but you have a very good point about being there during any inspection of the property.....

Well spotted on the Avvo site

[George]

.....but you have a very good point about being there during any inspection of the property.....

Well spotted on the Avvo site

Yes, in the end this isn't going to come to opinions, it's going to come down to what the law requires. If the law does not require me to provide a key, I won't. If it does, I will.

[Scarpia]

Yes, in the end this isn't going to come to opinions, it's going to come down to what the law requires. If the law does not require me to provide a key, I won't. If it does, I will.

Presumably the law allows the landlord to pull the pins and remove door from its hinges.

[George]

OK, I just got off the phone with the Queens, NY Housing Courts. Based on the laws in my area, they told me:

1. I do not have to give my landlord a copy of the key to my bedroom.

2. I don't even have to give my landlord a copy of the key to the apartment.

3. The landlord cannot enter the apartment without me or the other leaseholder being there, unless it is an emergency. If they do enter the apartment without either of us being there and it not being an emergency, they are trespassing. The woman at the courts suggested that I call the police if it happens again.

[eyeresist]

If they do enter the apartment without either of us being there and it not being an emergency, they are trespassing. The woman at the courts suggested that I call the police if it happens again.

You didn't mention it had happened before.

[George]

I've decided that it would be best for me to find a place of my own - a studio in Astoria, hopefully. My landlord is willing to let me out of the lease and give me an extra $200, probably because she'd have a much easier time of getting rid of my roommate if I left. Unfortunately, I can't afford more than $700 per month.

If anyone hears of anything, please PM me?

I checked Craig's List and everything is $800 and up. 

[cliftwood]

I own a condo in NYC and my building requires that management have a copy of our keys in their possession at all times.

I'm not there at all times and find it perfectly reasonable for management to have access, if they need for some reason to get entry.