I never received a key when moving in!

Asked almost 2 years ago - New York, NY

I've been living in my apartment since the end of August. My landlord told me that the keys would be delivered to me by the end of the week. On two separate occasions, I have requested the keys, and each time, I have been told that they would be there by the end of the week. My housemates and I cannot lock our door when we go out (we all go to school and have jobs, so the door is frequently left unlocked), because none of us have a key or method of reentry. One day, I even came home to an unwelcome guest waiting for me in my home (DV situation). Since our requests for the keys have been denied, what can we do?

Attorney answers (2)

  1. Steven Warren Smollens

    Contributor Level 20

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    Answered . Dear I never got a key?

    Ordinarily, you could argue that your lease and tenancy does not exist, because in New York State, there is a general rule that a lease is effective when a fully signed copy of the lease is given by the landlord to the tenant, along with the keys. No keys, usually means, you did not gain possession in full as the landlord retained the unfettered and unlimited method to enter the apartment.

    One the other side is the real world. No one even if the landlord messed up and lost the keys should endure longer than the time to move into the apartment not having keys to secure the home. So this is up to you. Do you feel capable in changing the locks?

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  2. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . Change the locks?

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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