Understanding Tenant Rights: Landlord Entry into Rental Property

If you are renting an apartment or house, it is important to understand your rights when it comes to your landlord entering your home. Your landlord usually cannot enter your home without your permission, except for certain reasons.

Reasons why a landlord can enter a tenant's unit

Under the Chicago Residential Landlord Tenant Ordinance ("RLTO"), a tenant cannot unreasonably refuse to allow the landlord in if they want to:

  • Make necessary or agreed repairs, decorations, or improvements;
  • Conduct inspections authorized or required by any government agency;
  • Exhibit the unit to prospective or actual purchasers or contractors;
  • Exhibit the unit to prospective tenants 60 days or less prior to the lease end date;
  • Make repairs elsewhere in the building which unexpectedly require such access;
  • Decide whether a tenant is following the lease; and
  • In case of emergency.

However, the landlord cannot abuse this right of access or use it to harass the tenant.

When a landlord should give notice

Unless it's an emergency, the landlord must give the tenant at least two days' notice in advance and can only enter at reasonable times (between 8:00 AM and 8:00 PM or at the tenant's request).

The notice should be given by mail, telephone, written notice to the home, or by other reasonable means designed in good faith to provide notice to the tenant.

If the entry is needed for repairs in common areas, the landlord can give a general notice to all potentially affected tenants.

NOTE: tenants cannot refuse lawful access. If the timing doesn't work out, a tenant can ask for a different time. If tenant refuses to allow access after the landlord gives the proper 2 day notice, then a landlord can sue the tenant or terminate the lease.

What happens if the landlord did not give proper notice

If the landlord enters a tenant's home without proper notice or for the wrong reason, a tenant can seek legal advice or demand that the landlord stop. It is important for tenants to know their rights and to stand up for them if they feel they are being violated.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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