Q: Is it legal for my landlord to use a window (not open) to enter my home while we are away? He lost his key
This is an email the landlord sent while I was away. Is this legal to do for him? The reason is that he have lost his key.
"We did test the boiler for the third time this morning and it started up without hesitation. I left the heat on so it should be warm when you arrive. I did have to find a way into your house through the front kitchen window - sorry but I had no choice as the thermostat had to be calibrated. And sorry again as I left some dirt in the kitchen."
A: In NYC landlords are required to obtain the tenant's consent to enter an apartment for a non-emergency reason. The method of entry is not defined.
A: It is not lawful for the landlord to enter into your apartment in the way that you have described. As a tenant, you have exclusive possession of the space that you are paying rent for. If the landlord would like to get access to your apartment, the landlord has to request reasonable days for access. In an emergency situation, the landlord does not have to obtain your consent to enter your premises.
Steven Warren Smollens agrees with this answer
You could file a complaint of trespass, and burglary with the local police precinct [https://ypdcrime.com/penal.law/article140.php#p140.00]. Your landlord's email, at a minimum, is a confession/admission of the crimes. A criminal does not exculpate himself by saying I'm sorry, but I felt I had to do so.
You could declare that the non-emergency entry (which would be the same problem if the landlord used the key to enter without your advance permission or prior notice of a need to do so) ended your lease and you move out.
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