Legal Question in Landlord & Tenant Law in Illinois

Tenants rights againt landlord entering apt

My landlord claims that he can enter my apartment whenever he or maint. needs to.The landlord entrd my apartment while I was at work, without my permission or knowledge of any work needing to be done.I arrived home as maint. was in my apartment.My apartment was a mess with paint and plaster. I noticed some of my jewlery was missing, I called the police, they questioned the workers and later they came up with my jewlery, filled with plaster, they claim that it fell into the plaster tray.The police officer told me that they can't enter without my knowledge or at least 24 hrs notice. I recently received a ltr stating, they will enter my apartment anytime we receive 2'' + of snow, this is supposed to be advanced notice telling me that they will enter anytime(throughout the winter)that they feel the need to come in and clean the balcony of snow. What if I'm home and don't feel like opening my door, can they just enter whenever they want? Or what if I'm in they shower, they knock and decide to enter? I shouldn't have to be forced to open ''my'' door if I do not wish to. I should also feel secure that no one is in my apt without my knowledge/permission - even though they sent a letter telling me. Is this true?


Asked on 11/23/03, 8:21 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Tenants rights againt landlord entering apt

They need to give you reasonable notice unless it is an emergency regardless of what your lease says. Reasonable includes a time period in which to expect them. If there is snow and they need to enter, tell them to give you a time period when they will be there. No, you do not need to put up with this. And, no, you cannot just refuse entry if they have given you notice.

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Answered on 11/24/03, 4:34 pm
Jay Pollak The Pollak Law Firm, LLC

Re: Tenants rights againt landlord entering apt

The first thing you need to do is read your lease. Most leases provide that the landlord can enter the apartment. Most leases say they must give you reasonable notice unless its an emergency. Some leases provide they can enter with no notice. Again read your lease and see what it provides. If it is silent they have no right to enter. Now if this is a condo and the balcony is common element they may have some additional rights regardless of the lease provisions.

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Answered on 11/23/03, 11:50 pm


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