Q: Hello. We have a tenant issue in New York city. I need assistance ASAP
Good afternoon. I have a 2 family home in Brooklyn NY I currently have a tenant whom I gave notice to move out within 3 months. For the second floor apartment there has been legaly build metal staircase for the entrance, however there is another staircase inside the house that goes to the front door through my hallway located near my private roomspace, this staircase was previously used by me when I had my business there and I haven't blocked it, and my upstairs tenat feels that she can use this staircase anytime without my permission, and in fact shes threatening me. I don't want her to use this door. She has her own private entrance as well as my other tenant on other side. This past weekend I had my husband change the lock so she can stop using this door. Now my tenant is texting me that I must change the lock back to what it was or she will call fire department on me. I am not sure what legally I am allowed to do? Can I close this door? since she has her own or is this fire-escape?
A: The lease should govern what the tenant has access to. Unless the entrance you speak of is a necessary egress for the unit the fire department wouldn’t get involved. You should consult with an attorney to make sure your notice was properly written and served. Feel free to reach out to my office.
Steven Warren Smollens agrees with this answer
A:
Dear Brooklyn Home Owner:
I doubt that any attorney could safely guide you about your tenant's claim that the door you locked or blocked was her secondary means of egress from her apartment. Perhaps the FDNY would help here.
If you did not deliver the written notification to the tenant that you were not renewing the tenancy by a process server, and if she does not move out, an eviction proceeding will be tossed out in Brooklyn Housing Court.
Daniel Michael Luisi and Alex B. Pia agree with this answer
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