I know that in NY state, where I live, a landlord cannot enter an apartment without 24 hours notice. If they ask and you let them in, that's fine....or if they're standing outside and they smell a gas leak, it's ok for them to key themselves in because it's an emergency. However, my brother, who is trying to get out of a year long lease a month or two early, says that his landlady keys herself into the apartment all the time to "check the water." This I am SURE is illegal, but he can't prove she did anything (it would be his word against hers--the only way he knew was because the doors were left unlocked and he ALWAYS locks them--that could easily be countered with a "well maybe he forgot to lock them this time" defense). However, nowhere in the lease does it expressedly tell him she has to give 24 hours notice before coming over. The following is a direct quote from the lease: "It is understood and agreed that owner or agent shall have the right to enter and inspect premise at all reasonable times to ensure maitenance and safety of premise, compliance with lease terms, and to show the apartment to prospective tenants after notice to vacate has been received." I have a problem with the phrase "all reasonable times." It does not state the fact that he does have the right to have notification 24 hours prior to her coming. Can she just imply that with the "all reasonable times" statement, or is it her legal duty to inform him of his "24 hours" right? If it were up to me, I break the lease (because he found a new place that's much better but they want someone to move in right away and his lease isn't up until August) and sue her for the deposit claiming he was not informed of his rights and therefore, because it implies that she has the legal right to enter the apartment at anytime without prior consent, it is in violation of New York State law (if any part of the lease is "illegal," the entire thing is thrown out so therefore, he's not bound to the apartment and she's can't keep his deposit or sue him for rent). If anyone could shed some light on this, it would be greatly appreciated.



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