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 Cook County Residential Tenant and Landlord Ordinance ("RTLO"), 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. "Harassing" means the landlord knows that their conduct would cause emotional distress to a reasonable person. Section 42-803(A)(2) of the RTLO.

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). Section 42-808(B)(2) of the RTLO.

The notice should be given in writing by mail, telephone, written notice to the home, e-mail, 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.

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.