Legal Question in Landlord & Tenant Law in New York

corncern for my safety in my house

For the past few years I have rented an apartment to a couple and their two teenage children in my house. They have shown to be responsible tenants. However over the past few months, I have become worried because a great number of people have been coming in and out of the apartment. Some of the visitors are even staying to sleep for weeks in the apartment. I have become concern that they are engaged in some illegal activity in the apartment. However, I have not seen it with my own eyes, so therefore, I can�t confront them about it. My house has a front lawn with a gated fence that surrounds the property. I would like to lock the gate door to the house at all time in order to make it more difficult for people to come and go as they please. However, I would like to know if doing this is against any New York State law. Can you please let me know if doing this violates any law? Thanks for your help.


Asked on 7/11/08, 1:46 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: corncern for my safety in my house

If your house is a legal 1 family and you and a tenant are residing in the house, the tenancy is illegal. Therefore, whether the fence is illegal or not is irrelevent.

If the house is legal 2 family, than under the lease you would have responsibility for giving the tenant access to the apartment. So you can place a lock on the gate and give the tenant a key.

Mike.

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Answered on 7/11/08, 1:54 pm


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