Legal Question in Landlord & Tenant Law in Illinois

My landlords are selling the building and want to use just our apartment to show prospective buyers through including holding an open house. Can we say 'no'? Should they compensate us in some way if we say 'yes'?


Asked on 10/17/13, 8:08 am

2 Answers from Attorneys

Joseph Brabender Brabender & Chiang LLC

From your zip code it appears the unit is in Chicago, so I will answer using Chicago law (Chicago has much better laws for tenants than other municipalities).

Under the Chicago RLTO, which applies to almost all apartments in the city, a landlord can enter the unit upon 2 days notice (no notice needed in emergencies) for legitimate reasons. Showing the unit to buyers is a legitimate reason, but the frequency cannot be so often as to harass the tenants. Moreover, unless you consent, the access should only take place between 8 am and 8 pm.

Hosting an open house in your unit does not seem reasonable and I would ask for compensation, the landlord may be willing to work with you.

If you are interested in reading about the many rights and remedies tenants in Chicago have, I have written an article on the topic here: http://bc-firm.com/tenants-rights-chicago/

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Answered on 10/17/13, 8:17 am

I agree w/ Mr. Brabender, but you should also check your lease. If the lease was made at a time when the landlord was thinking about selling the building, there may be a section or clause about it in the lease, that may still be legal under the RLTO but potentially create some issues for you.

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Answered on 10/18/13, 2:22 pm


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