Notice to Enter Clause
in Your Lease
What it actually means, what New York law says, what's specific to New York City - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- New York has no state statute setting a minimum entry notice, so landlords owe only reasonable notice at a reasonable time.
- New York City goes further: HPD rules require at least 24 hours' notice before a code-compliance inspection of your apartment.
- Repairs and improvements need far more lead time - at least one week's written notice under the city's housing rules.
- Access is generally limited to 9 a.m. to 5 p.m. on non-holiday weekdays, not whenever the super happens to be free.
- No notice at all is required for a true emergency like a fire, a gas leak, or a burst pipe.
Understanding the Notice to Enter Clause
Your landlord can't just let himself in. New York sets no statewide minimum notice before entry - the state asks only for reasonable notice at a reasonable hour - but inside New York City the housing code adds real numbers on top: roughly 24 hours before an inspection and one week before repair work.
That gap between vague state law and specific city rules is why this clause matters more here than almost anywhere else. Your entry clause is often the only place a real number appears, so read it before you sign. In a genuine emergency - fire, gas, a burst pipe - the answer is no notice at all.
What renters assume
Most renters think their landlord always has to give 24 hours' notice, because that's the number friends in other states quote at them.
What is actually true
New York State names no specific number - only reasonable notice. The 24-hour figure New Yorkers repeat comes from city housing rules for inspections, not from Albany.
Chicago and Seattle renters get a clean 48-hour rule they can point to on paper. New Yorkers get a state standard that says only reasonable, plus city rules that stop at the edge of the five boroughs - which is exactly why your lease language does the heavy lifting here, and why a written 24-hour clause is worth negotiating for.
Plain English Version
Think of your apartment like a hotel room you pay for by the month: housekeeping can come in, but they knock first and they come during the day. Emergencies are the exception - if there's smoke under the door, nobody waits for permission.
Entry Notice Clause Example - What the Wording Looks Like in New York City, NY
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
11. Entry of Premises: Landlord reserves the right to enter upon the leased premises at all reasonable hours for the purpose of inspecting the same, or of making repairs, additions or alterations to the building in which the leased premises are located...
Quoted from the published opinion in Eickhoff v. Gelbach, 611 S.W.3d 834 (Mo. Ct. App. W.D. 2020). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
“Entry of Premises: Landlord reserves the right”
Start with the state position, because it surprises people: New York has no statute fixing an advance-notice period. The Attorney General's guidance is reasonable prior notice at a reasonable time - which is a standard, not a number. The numbers come from the city.
“to enter upon the leased premises”
Here is the first city number. Under HPD's rule 28 RCNY 25-101, implementing Administrative Code § 27-2008, a code-compliance inspection requires at least 24 hours' notice.
“at all reasonable hours for the purpose of inspecting the same”
And here is the second, which is far longer and much less known: repairs or improvements require at least one week's written notice. Access is generally 9 a.m. to 5 p.m. on non-holiday weekdays. A contractor announced yesterday for tomorrow is six days short of the rule.
“or of making repairs, additions or alterations”
The distinction between the two clocks is exactly the distinction in this phrase. An inspection is looking; repairs, additions and alterations are work - and work is what carries the week's notice. A landlord who calls a week of construction an “inspection” has picked the wrong clock.
The clause was used against the landlord. Because they kept a key and had “reserve[d] the right to enter upon the leased premises at all reasonable hours”, the court held they had reserved the legal right to enter without permission - even though in practice they never did. Read with the clause forbidding the tenants from making their own repairs, that was enough to put the landlord's control of the unit in issue.
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
New York Law on Notice to Enter Clause
- No advance-notice statute. New York sets no minimum notice before entry.
- New York has no state statute fixing an advance-notice period; landlords must give reasonable prior notice, at a reasonable time, per Attorney General guidance and lease terms.
- In a true emergency such as fire, a water leak, or a gas leak, the landlord may enter immediately without notice or the tenant's consent.
- New York City does add real requirements: HPD's rule 28 RCNY 25-101, implementing NYC Administrative Code 27-2008, requires at least 24 hours' notice for code-compliance inspections and at least one week's written notice for repairs or improvements, with access generally 9 a.m. to 5 p.m. on non-holiday weekdays.
Verify the current text in your state's landlord-tenant statutes.
New York is one of the states where the legislature simply never picked a number. Compare that to Washington, where RCW 59.18.150 spells out two days' written notice to inspect or repair and one day to show the unit. A tenant in Seattle can quote a line; a tenant in Buffalo or Yonkers is mostly quoting their lease.
In practice, reasonable notice means whatever a judge would call reasonable given the circumstances - which is a coin flip you'd rather not take. Most New York leases fill the gap with a 24-hour clause, and if yours says nothing about notice, ask for that language in writing before you sign. Silence always favors whoever holds the keys.
New York Tenant Protections
You're entitled to reasonable prior notice at a reasonable hour before any non-emergency entry, even though no state statute fixes the exact hour count. Your landlord may enter without any notice only for a genuine emergency such as a fire, a gas leak, or serious water damage. Inside New York City, HPD's housing-code rules set actual minimum notice periods and daytime access windows your landlord has to work within.
What's Specific to New York City
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
New York City is one of the rare places where the city adds real teeth. HPD's rule 28 RCNY 25-101, implementing Admin Code 27-2008, calls for at least 24 hours' notice before a code-compliance inspection and at least one week's written notice before repairs or improvements, with access generally 9 a.m. to 5 p.m. on non-holiday weekdays. Check the current version of the rule before you lean on it in a dispute.
That one-week standard matters in a city where owners run big renovation jobs inside fully occupied buildings. If your super says contractors are coming tomorrow to gut the bathroom, that's a repair - not an inspection - and a single day's heads-up doesn't match what the city rules ask for.
A written number beats reasonable every time. Look for 24 hours or more spelled out in the entry clause itself.
City housing rules point to 9 a.m. to 5 p.m. on weekdays. A fair lease keeps entry in daylight, not at 10 p.m.
Wording like at any time or as needed is a red flag - it quietly erases the notice you'd otherwise argue for.
Some leases bury a line saying you consent to entry without notice. Strike it - never sign away the warning you'll depend on.
Red Flags to Watch Out For
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Entry at any reasonable time
The phrase sounds fair but names no notice period at all. In a state with no statutory minimum, it effectively lets your landlord decide what reasonable means.
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Blanket advance consent to enter
A clause where you agree upfront to entry surrenders the one thing New York actually gives you: prior notice. Ask for it to be struck before signing.
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Unlimited showings near lease end
Some leases let brokers show your apartment on demand through the final months. Negotiate advance notice and a cap on showings per week.
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Passkey entry with no record
When the super enters with a master key and leaves no note, patterns stay invisible. Ask that every entry leave a written record behind.
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Renovations labeled as inspections
Calling a gut renovation an inspection is how landlords shrink the lead time. Repairs and improvements carry a one-week written notice standard in the city.
Your Rights as a New York City Tenant
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Reasonable notice, always
Even with no state number, a landlord who walks in with zero warning and no emergency is trampling your right to quiet enjoyment.
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A day before inspections
Inside the five boroughs, HPD rules call for at least 24 hours' notice before a code-compliance inspection of your unit.
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A week before renovation work
Repairs or improvements require at least one week's written notice under the city's housing rules - not a text the night before.
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Daytime access only
City rules put access generally between 9 a.m. and 5 p.m. on non-holiday weekdays, so a Sunday morning knock is out of bounds.
What To Do - Step by Step
Read your entry clause
Find the notice language in your lease before anything else. If it names 24 hours or more, that number is your baseline regardless of what state law leaves out.
Ask in writing
Email your landlord asking for notice before entry and reference the lease. A paper trail turns a he-said argument into documented history.
Log every entry
Note the date, the time, who came in, and why. A pattern of unannounced visits is far more persuasive than a single incident.
Send a formal letter
Put your objection in a dated letter and keep a copy. If you're in NYC, cite the 24-hour inspection and one-week repair standards.
Report it to 311
New York City renters can flag housing-code problems through 311, which routes the complaint to HPD - the agency behind the entry-notice rules.
Talk to a tenant lawyer
Free legal help exists for NYC tenants. Bring your log, your lease, and your letters, because documentation is what wins these.