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 Evanston Residential Landlord and 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 (including when work elsewhere in the building requires such access);
• Conduct inspections;
• Exhibit the unit to prospective or actual purchasers , mortgagees, or workers;
• Exhibit the unit to prospective tenants no sooner than 90 days before the lease expires; 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

The landlord must give the tenant written notice at least two days' notice in advance and enter only at a reasonable time. Between 8:00 AM and 8:00 PM or at the tenant's request is considered reasonable.

If the landlord needs to enter your apartment for repairs that affect shared areas or other apartments, they can send a general written notice to all tenants who might be affected, saying that entry may be needed.

If the landlord needs to enter because of an emergency, they must give you a written notice within 2 days after entering.

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.