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 Mount Prospect Landlord and Tenant Regulations, a tenant cannot unreasonably refuse to allow the landlord in if they want to:
- Make necessary or agreed repairs, decorations, or improvements;
- Show the unit to the Village of Mount Prospect during the authorized annual license inspection or during the investigation of a code violation complaint;
- Show the unit to prospective tenants, purchasers, mortgagees or contractors; or
- Conduct necessary inspections.
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 reasonable notice. There is no minimum number of hours or days. If practical, the landlord should try to enter at reasonable times (between 8:00 AM and 8:00 PM or at the tenant's request). Section 23.1806(E) of the Mount Prospect Regulations.
NOTE: Tenants cannot refuse lawful access. If the timing doesn't work out, a tenant can ask for a different time.
What happens if the landlord did not give reasonable notice?
If the landlord (1) makes an unlawful entry, (2) a lawful entry in an unreasonable manner, (3) or makes lawful repeated demands that have the effect of harassing the tenant:
- The tenant may ask the judge for an injunction (court order to stop doing the wrong thing).
- Terminate the lease.
- Sue the landlord for damages equal to two months' rent and actual damages, costs, and fees.
Section 23.1813(C) of the Mount Prospect Regulations.
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