Tenant Rights And Process Servers

Summary

Landlords in New York generally cannot allow process servers into your apartment without your consent. Exceptions may apply in emergencies or with a court order. Process servers may misinterpret the law to complete their job. Consult a local attorney for specific advice.

Full Conversation

Yes. Can my Landlord just let in a Process Server w/o my permission? The Landlord just opened the door to let him in w/o consent. I was sleeping and I just heard a man's voice in the apartment.
Hello again, Katrina. In New York:
- A landlord generally doesn't have the right to let anyone in without your permission.
- This includes process servers.
- Exceptions may apply if there's an emergency or a court order.
Please consult a local attorney for specific advice.
I told the Process Server this and he said he can come in and it's legal for him to b/c we are renting rooms even though this is a * regular Bedroom Apartment.
Hello Katrina, the process server's claim seems incorrect. In New York:
- The process server generally can't enter your apartment without consent.
- This includes situations where rooms are being rented.

Please consult a local attorney for advice specific to your situation.
Why would he say this? I was assuming he was right after he told me this b/c that's all they do so they may actually know the law?
Hello Katrina, people sometimes misinterpret the law or use it to their advantage. The process server might have said this to complete his job. However, your rights as a tenant should still apply. You may want to discuss this with a local attorney to get more precise advice.
Ok, thank you.
You're welcome, Katrina. If you have any more questions in the future, don't hesitate to reach out to us. It's important to know your rights. Remember to consult with a local attorney for specific advice.