Legal Question in Landlord & Tenant Law in Illinois
break-in/landlord entering w/o permission
My apt was broke into may 3, my landlord left me in an unsecued apt. for 3 days. Before the break in, I had been having problems w/ my landlord entering my apt. when I wasn't home (he 's suppose to be fixing my frig, and takes my dog out or a walk instead, ome ome to muddy footprints on my floor or garbage in general), I've confronted him and he brushes me off. My nieghbor called the police on him for the same thing 8 months ago...no incident report. I've put signs on both my doors...you need permission to enter, everytime, violators will be procecuted. Yes I know he needs to give me a 24hr notice before he comes in, yes, I've contacted the building inspection dept, my door is not to code, he's not going to court until aug 23, I signed a 2 yr lease and have 9 months left. I'm looking for a new apt., but I worry, not before he enters my apt again, I have a valid FOID lic. and am a single female living alone. I've been trying to get the police to take a more pro-active role in hlping me prevent a train wreck, unfortunately, w/ little luck. My questions are...how do I breach my lease and get out of here? and what are my legal rights concerning deadly force in protecting myself inside my home?
1 Answer from Attorneys
Re: break-in/landlord entering w/o permission
You may only use deadly force if you are in imminent danger of bodily harm, in other words if you are fending off an attack.
With respect to your lease, you should have an attorney look it over for you to help you find a good basis for moving, but you could probably get away with breaking your lease for the reasons cited above (landlord enters your apartment whenever he likes, unit is not secure, prior break in) by sending your landlord a letter explaining that you will be vacating the unit in 30 days and listing the reasons why. Doesn't mean he won't try to sue you for the remaining rent, however.