I AM CURRENTLY IN COURT WITH MY LANDLORD AND HE IS SENDING A CONTRACTOR TO COME CHECK THE REPAIRS IN THE APARTMENT. MANAGEMENT REFUSES TO SEND ME A APPOINTMENT LETTER WITH A SCHEDULED DATE TO ACCESS THE APARTMENT SO MY QUESTION IS IF THEY REFUSE TO SIGN MY LETTER SAYING "ACCESS FOR REPAIRS BY METRO CONTRACTOR" AND THERE IS NO APPOINTMENT SCHEDULED WITH A WORK ORDER, DO I HAVE TO LET THEM IN THE APARTMENT? THEY ALWAYS COME AND CHECK AND THEN NEVER COME BACK TO DO THE ACTUAL REPAIRS SO NOW I WANT TO GET SOME SORT OF PROOF THEY WERE IN MY HOUSE, CHECKED AND NEVER DID THE REPAIRS.
This may depend on the type of repairs that have to be done. Typically, the landlord has the right to access the apartment at reasonable times upon reasonable notice to make emergency repairs. It is not necessary that you be home at the time if it is an emergency repair. If the repair is more on the order of ordinary maintenance then it is not too much to ask for an appointment so that you or someone you trust can be present at the time. You state that you are in court. What is the court proceeding for and has this repair been ordered by the court? If so, have you expressed your concerns about being present to the court. If you have and the court ordered that repairs be made and did not make any provisions for you to be present at the time then the matter has already been resolved. Your best option would be to have a neighbor present when the repairs are made if you can not be there.
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Landlord / Tenant Lawyer
Dear I want to get some proof they were in my apartment and did not do the repairs?
One way to present proof that the repairs were not made even though you provided access is to photograph the areas of the apartment that required the repairs along with a cover page from a New York tabloid paper published the day after you gave access, they came and did not repair.
You start the proof is with the photo, by documenting today, with BEFORE photos, all the areas in the apartment that are the subject of the court ordered access, or are already conditions recorded as violations, and so, you have a base set of images of those places in the apartment that needed to be fixed. If you take photos of those same locations AFTER the access, and the landlord did not repair, you have stimulating proof that you provided access but the repairs were not made.
I am fairly certain that you could induce the contractor to sign your note that they gained access to the apartment on that particular day and you did not impair or prevent access for repairs.
You should have been able to pin down the access date when you where in court. You may have said something to the affect that you are always around or access is not a problem, and that may be the reason you left court with a repair direction from the judge and without specific set dates for access for inspection and for repair. Or, your agreement may have left the access to be determined by you and the landlord. Though that is not a good way to set up access, it is what it is.
But no matter how you approach this, you do not want to deny access. So get ready. Call the office for an appointment. Call the landlord's lawyer if the office will not make an appointment. Take your photos. Prepare your note that you provided access.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Health Care Lawyer
I agree with Attorney Smollens. The before and after pictures with the newspaper are helpful. Its also helpful to have someone come and wait with you so that you will have a witness as to what was or was not done. Finally, if you can video the workers with your phone, that's a third option, though some contractors may really take offense at that.
Alexander M. Fear, Esq. 757 Third Ave., 20th Floor New York, New York 10017 212-376-6199 212-656-1269 (fax) Alexander@AlexanderFearLaw.com WWW.AlexanderFearLaw.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Banking Law Attorney
I agree with my colleagues. There answers are on point. My only additional suggestion is to use a newspaper for time/date stamp for the before and after photos. And put all of your requests for info in writing, so you can document it to the court.