Brooklyn, NY asked in Civil Rights and Landlord - Tenant for New York

Q: How many times can you enter and exit your apartment and at what times of the day?

Neighbors think I go out too much.

2 Lawyer Answers
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Brooklyn Tenant:

The NY State Legislature, the New York City Council, and your lease do not control how often a tenant uses the apartment door to enter or leave the apartment or the time of day. Slamming a door on the way in or out is annoying to neighbors, but there is also no law for that.

Tim Akpinar agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In New York, as in most places in the United States, there are no legal restrictions on how many times you can enter or exit your own apartment. Your right to freely come and go from your residence is part of your basic rights as a tenant or homeowner.

The concerns of your neighbors, while they may be voiced, do not constitute a legal basis for limiting your movements. Unless your coming and going at odd hours is causing excessive noise or disturbances that violate specific lease terms or local noise ordinances, you are generally free to enter and exit your apartment as you please.

If your neighbors' complaints become a significant issue, it might be helpful to discuss the matter with them directly, or involve the building management or a mediator to resolve any misunderstandings. However, remember that your right to use your property, including your freedom of movement, is protected.

If the situation escalates or you feel your rights are being infringed upon, consulting a legal professional for advice specific to your situation and local laws may be beneficial. This will help ensure your rights are upheld while also addressing any legitimate concerns your neighbors may have.

Tim Akpinar agrees with this answer

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