State Specific Question About: NEW YORK (NY)

I don't know anything about NY, BUT ...

In general, landlord may enter and make repairs after giving appropriate notice. Negotiation with tenant about date and time is a good idea, but usually not a legal requirement.

But, someone needs to make provision for the dog, else it will be there when you want to work. Will that be a problem?

You have right to enter to make repairs.

Does NY give you right to MAKE tenants take care of dog while you are there?

In my states, I have to right to enter upon proper notice, but that just means that I cannot be arrested or sued for trespass. It does not mean that the T has to confine or remove the dog, and it doesn't mean that the dog is not going to bite.

I would work with the Ts as to a time that they can be there, or when they can take the dog away.

And I would terminate these Ts once the lease is up.

I agree with Phil. I would not force entry. It that's the case, file eviction and get a court order for entry. I'd evict based upon the aggressive dog which of course you met prior to renting to them and for which they have additional liability insurance and you signed a document allowing this specific animal as a lease addendum. Right?

Obviously if dog not contained, you can't enter - what would you do, shoot the dog? That would go over real well...

Id' just explain to the tenant's that if they want new windows to deal with the dog, and if not then don't complain.

I would hold off installing new windows.

Make sure they are willing to remain home with the dog and take it for a long walk, car ride. Maybe you could give them a financial incentive. They have the right to quiet enjoyment and you have the right to fix your unit. If it's out in the boondocks somewhere, then an aggressive dog is a good deterrent to whatever.

You have to explain to them that there is a work week for other people that has to be respected just like they expect you to respect their work week.

The compromise is that they take a day off to be with the dog.

I don't know what to tell you. It's not necessarily a "NY" thing ... I think it's more of what you are more comfortable with.

I would not allow them to dictate when the people can be there to repair or replace the windows, etc. You just need to advise them that you will be there at x time and you will be entering to do whatever. They can choose to be there or not. HOWEVER - if they have an aggressive dog ... are you/your workers going to WANT to be there if the tenants are not?

This is what I would do: Advise them that you plan on being there at whatever time. They either need to remove the dog OR be home to ensure that the dog is not going to bite (or whatever). If not - then I would advise them that you will NOT be replacing the windows.

Along with the others - why did you allow an aggressive dog on your property? Is it truly aggressive or is it just a barker? I have one that is a German Sheppard and other agents are stating "it's aggressive". I found out that it was barking at them while it was in it's cage. In addition, the tenants placed the dog there so it wouldn't jump on the prospective buyers and the dog doesn't like the cage when she knows the owners are home (meaning ... you are home ... I can come out and hang with you).

I was over there just to make sure everything was ok (because I've only seen the dog a few times and all seemed ok) - and the dog (although is VERY BIG and most likely a VERY SCARY THING TO SEE for non dog people) - wanted to be petted and lick and hug, etc. Yeah, I can see how they may think it was a big mean dog but it really isn't.

Anyway - if this one is - you need to advise your tenants to move on in my opinion. Don't do the work - get them out.