Reply To: What if landlord insists on showing the house on shabbos?

Home Forums Decaffeinated Coffee What if landlord insists on showing the house on shabbos? Reply To: What if landlord insists on showing the house on shabbos?

#1134761
Abba_S
Participant

I am not a lawyer and you are correct, the tenant should contact an attorney licensed in his state before using any of this advice provided here. I am assuming the tenant plans on vacating the apartment soon so the threat of eviction does not apply as at least in NYC you need to give the tenant 30 days notice plus the month of the court hearing the landlord can’t accept rent for that month. As far as the landlord getting tools to break down the door, the burden of proof is on the landlord a) to proof there was a leak that started prior to the Sabbath, b) proof that tenant replaced the lock c) proof that breaking the door down was the most efficient way. While the landlord is holding the tenant’s security deposit, the tenant can sue the landlord in housing or small claims court to get back the deposit and that is when the burden of proof is on the landlord. Unless the landlord repairs the door immediately he is going to get a building code violation for the broken door and will be liable for the tenants losses should anyone steal anything, also he can be arrested if the police don’t believe him (that he is the landlord)so breaking the door down may not be the best way resolve the matter. If the landlord or his agent has the keys to the tenants apartment and there is a rash of robberies the landlord maybe liable. There was a college who misplaced the master keys to the dorms and and it’s costing the school $500 thousand to replace all the locks.

The way the question was posed was does the landlord have the right to show the apartment not does the landlord have the right to access the apartment for repairs? Usually if there is a leak the tenant and or landlord will knock on the door say there is a leak in the apartment below and under the sinks and the bath tub to see that they are working properly. I tend to doubt he will call a plumber to work on the weekend when labor is time and a half. If there is a leak he may just shut off the water to that fixture and have them come during the.

There is a difference if the landlord want to see if there is a leak or showing the apartment. I don’t think the landlord would break the door in front of a prospective tenant as it may give the tenant the wrong impression as to what type of landlord he is.