What are my rights when dealing with my landlord entering my condo?
Full Question:
Answer:
A tenant generally cannot change the locks unless the landlord agrees. Also, the tenant cannot add locks that might stop a landlord from entering the unit if there is an emergency or if the landlord has a valid reason for entering the rental unit and the landlord has given the tenant proper notice to enter. If the tenant does change the lock, a copy of the key should be given to the landlord immediately.
Illinois law says that a landlord must file an eviction action in court before having you removed from your apartment. Your landlord must go to court before locking you out of your apartment, even if you owe him rent. This situation is often called a "lockout".
A locked out tenant can file a court case to attempt to get back into the apartment. Listed below are the court documents that the tenant will need when to go to court. The following papers will need to be filled out and filed with the court.
Motion for a Temporary Restraining Order
Complaint for Injunctive Relief
Memorandum in Support of the Motion for Temporary Restraining Order
Affidavit of Plaintiff (Tenant)
The landlord’s failure to allow access to an apartment may be considered a "breach" of the lease. If the tenant chooses to get out of the lease, the tenant must tell the landlord in writing that she intends to terminating the lease. That cancels the tenant’s duties under the lease, and frees you to move somewhere new.
The following are IL statutes:
(735 ILCS 5/9 205) (from Ch. 110, par. 9 205)
Sec. 9 205. Notice to terminate tenancy from year to year. Except as provided in Section 9 206 of this Act, in all cases of tenancy from year to year, 60 days' notice, in writing, shall be sufficient to terminate the tenancy at the end of the year. The notice may be given at any time within 4 months preceding the last 60 days of the year.
(Source: P.A. 82 280.)
(735 ILCS 5/9 207) (from Ch. 110, par. 9 207)
Sec. 9 207. Notice to terminate tenancy for less than a year. In all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days' notice, in writing, and may maintain an action for forcible entry and detainer or ejectment.
In all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days' notice, in writing, and may maintain an action for forcible entry and detainer or ejectment.
(Source: P.A. 82 280.)
(735 ILCS 5/9 210) (from Ch. 110, par. 9 210)
Sec. 9 210. Notice to quit. When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease. Such notice may be substantially in the following form:
"To A.B.: You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.)."
The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary.
(Source: P.A. 82 280.)
