Landlord Apartment Showings During Move-Out in New York

If you’re getting ready to move out of your apartment in New York, it’s common to wonder about your privacy rights. Specifically, is your landlord allowed to show your apartment to prospective renters or buyers while you're still packing? Understanding your legal protections can help you better navigate this stressful time and avoid disputes.

Can a Landlord Show Your Apartment While You Are Packing?

Yes, under New York law, a landlord may enter your apartment to show it to potential tenants or buyers, but strict rules apply. Landlords cannot simply drop by without notice. They must follow the requirements outlined in the New York State Real Property Law Section 235-f ("Roommate Law"). The law provides broader access rights for landlords only in certain situations, such as lease termination, maintenance, or showings.

Required Advance Notice

In New York, landlords are generally required to provide "reasonable notice" before entering for showings. While the law does not specify an exact time frame, best practice—and standard lease terms—often set this as at least 24 hours’ notice in writing (email or letter is typically acceptable).

• The notice must state the date, time, and purpose of entry (e.g., "to show the apartment to a prospective renter").
• Showings should occur at reasonable hours, commonly during the day or early evening.
• Your landlord must make a good-faith effort to coordinate with your schedule.

What If You Don't Want Showings?

You cannot unreasonably refuse access for legitimate showings, but you have a right to "quiet enjoyment" of your home. If you feel the landlord is not giving reasonable notice, requesting excessive showings, or disrupting your life (for example, showing the unit every day), you have options:

• Politely request showings be grouped at convenient times.
• Suggest alternative time slots if you have conflicts.
• Document any unapproved entries or harassment for future reference.

Practical Steps for Renters During Showings

• Secure valuables or sensitive paperwork before showings.
• Request the landlord (or agent) accompany all visitors.
• Keep records of all showing notices and communications.
• If you have pets or safety concerns, discuss arrangements in advance.

Official Forms and How to Use Them

New York does not require a specific government form for landlord notices of entry. However, many landlords use a standard "Notice of Entry" letter—either in hard copy or email. If you believe your landlord is violating your rights (like entering without notice), you may file a complaint with the New York State Division of Housing and Community Renewal (DHCR).

• Form: DHCR Tenant Complaint Form (RA-81)
  When to use: If your landlord is entering without proper notice or repeatedly disrupting your privacy, fill out the DHCR Form RA-81: Tenant's Statement of Complaint(s) and submit it to DHCR. Example: Your landlord is showing the unit every day with less than 24 hours’ notice.

The Tribunal Handling Apartment Disputes

In New York, the New York City Housing Court (for NYC) and local county courts (outside NYC) resolve tenancy disputes. The DHCR also handles rent-regulated housing issues. You can learn more about your rights and how to submit a complaint on their official sites.

Relevant Tenancy Legislation

• New York State Real Property Law § 235-f (Roommate Law)
• General renter protections: NY DHCR Renter Protections Fact Sheet

Frequently Asked Questions

1. Can my landlord show my apartment if my lease isn’t up yet?
   Yes, as long as you have given notice of moving or your lease allows showings toward the end of your term and the landlord provides reasonable notice.
2. How much notice does my landlord have to give before a showing?
   Landlords must give "reasonable notice," typically 24 hours. Emergency entries are an exception and require no notice.
3. What counts as "reasonable hours" for showings?
   Daytime and early evening (e.g., 9am–7pm) are considered reasonable. Late night or early morning showings are not.
4. Can I refuse all showings if I’m packing?
   No. You can request alternate times, but you must allow reasonable entry for showings during notice periods and reasonable hours.
5. Who do I contact if my landlord keeps violating my privacy rights?
   You can submit a complaint to the Division of Housing and Community Renewal or speak to your local housing court for guidance.

Key Takeaways Before You Move

• Landlords may show your apartment while you pack, but must provide reasonable written notice—typically 24 hours.
• You have a right to “quiet enjoyment”—excessive or poorly timed showings can be challenged.
• Document issues and use official complaint forms if your rights are violated.

Being proactive and familiar with your rights helps keep the moving process stress-free.

Need Help? Resources for Renters

• NY DHCR Renter Protections and Rights – For information, forms, and complaints
• NYC Housing Court – Tenancy dispute resolution (NYC only)
• NYC HPD – Renter Rights and Protections
• Local legal aid or tenant associations can offer free advice and representation

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1. New York State Real Property Law § 235-f
2. New York State Division of Housing and Community Renewal – Renters Rights
3. DHCR Form RA-81: Tenant's Statement of Complaint(s)
4. NYC Housing Court

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