Understanding Landlord Entry: Options When the Landlord Violates the RLTO
The Evanston Residential Landlord and Tenant Ordinance (RLTO) provides tenants with many protections like the right to privacy in their own home.
The RLTO states that landlords cannot enter a tenant's unit without proper 2 days' notice, except in cases of emergency.
However, there are times when landlords may enter the unit without proper notice or use entry to harass tenants. In these cases, tenants can take action to protect their rights.
Options Available:
- Communicate with the landlord and try to resolve the issue.
- Send a demand letter to stop, informing that if the landlord does not stop then the tenant can sue the landlord for a court order and damages.
- Seek legal assistance.
- Sue the landlord. Tenants may be able to get a court order from the judge to stop improper entry and damages (two months' rent or twice the actual damages experienced plus reasonable attorney's fees).
At the same time, tenants cannot refuse lawful access. If the 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.
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