Legal Question in Landlord & Tenant Law in Illinois

My landlord, after a small complaint made by my neighbor about a broken gate, entered my house with a 10 minute notice and no permission, took a YouTube video of my house, ridiculing and defaming my family, and posted it online. Is this legal, what can I do about him? He is threatening us with eviction and a lawsuit. Please help


Asked on 12/19/15, 1:13 pm

2 Answers from Attorneys

Elfreda Dockery Law Office of Elfreda Dockery

You did not provide a lot of information. You did not say if this is an apartment or if this is a house. You also did not say in which city you live, however, it appears from the zip code you provided, you live in the city of Chicago. You did not say how many units are in the apartment, if applicable and you did not say if the landlord lives on the premises.

If you live in an apartment with more than 6 units in Chicago, Chicago has a residential landlord tenants ordinance, which provides a landlord can enter without any notice, in case of an emergency or for practical necessity for maintenance in other parts of the building which require entry, and make whatever repairs are needed. In those instances, the landlord has to notify you within 2 days of the entry.

Did the landlord's entry meet the requirements of the Chicago ordinance? If not, then you can seek an injuction against the landlord or terminate the lease after providing the proper written notice to the landlord.

Additionally, how do you know your landlord entered your apartment? How do you know your landlord made a video? How do you know it was the landlord who posted the video on youtube? Is there a basis for the landlord to evict you? If you want to discuss further, I can be reached at 312-372-5600.

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Answered on 12/19/15, 4:40 pm

If you live in a single family home and the landlord doesn't live on the same property, you may also be protected by the Chicago Residential Landlord and Tenant Ordinance ("RLTO"). In an emergency (and I can't say if this was one or not), your landlord can enter but must give prompt notice of entry under the RLTO. Making the entry public and ridiculing you by a YouTube post is not appropriate. Whether the landlord can evict you will depend on the lease, which someone will have to review, along with the whole gate situation. Suing for the post may be available to you, but without more all I can say is that "defamation" lawsuits are usually long, drawn-out, time-consuming, and very costly.

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Answered on 12/21/15, 7:02 am


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