Illinois · Landlord Entry
Landlord Entering Without Notice in Illinois: What Are My Rights?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Illinois.
This page explains when your landlord may enter your home in Illinois. Illinois has no statewide notice rule, so your lease and your city's rules matter most. It also covers emergencies, lock changes, lockouts, and what to do when a landlord keeps coming in.
When your landlord can come in
-
No statewide Illinois law sets how many days of notice your landlord must give before entering your home. Outside a few cities and Cook County, the rule comes from your lease and what you and your landlord agree to. For example, Chicago landlords must give 2 days' notice before entering for non-emergency repairs.
-
Read your lease first. Most leases say when your landlord may enter -- for example to make repairs, inspect, or show the home to new renters. In Illinois the lease is the main rule for entry. If your lease says nothing, ask your landlord in writing to agree on a notice period and on daytime hours.
-
Every Illinois lease includes a covenant of quiet enjoyment (a promise that you can use your home without the landlord interfering). It applies even if the lease does not mention it. Courts have ruled that a landlord who substantially interferes with your use of the home breaks this promise. You can ask a court to order the landlord to stop.
-
In an emergency your landlord may enter without notice. An emergency is a condition that is an immediate threat to health or safety, or that will cause lasting damage to the building. Examples are fire, flooding, a gas leak, or a serious plumbing failure. Your landlord may also send repair workers or inspectors in, and you do not have to be home.
-
Do not block your landlord from entering for a real emergency or a repair the lease allows. If you do, a court can order you to give access. You could also face eviction, have to pay the landlord's costs, and be responsible for damage that got worse while you kept the landlord out.
Your locks
-
Your landlord may not lock you out, change your locks, remove your belongings, or shut off utilities (water, electric, gas) to make you leave. Illinois law bars anyone from entering a home by force. Only a court can order you out, and only the sheriff can carry out that order. This is true even if you owe rent or your lease has ended.
Sources:- The Eviction Process, Illinois Attorney General. A government guide.
- What is an illegal lockout?, Illinois Legal Aid Online. A nonprofit group.
- 735 ILCS 5/9-101, Illinois General Assembly. Law.
-
If you are locked out, first call your landlord and say it is urgent. If that does not work, call 911 in an emergency, or the local police or 311 line if you have more time. Tell the officer that under Illinois law a landlord cannot evict without a court order. You can sue the landlord to get back in and for money. You get this money only if you win your case and your landlord pays.
Sources: -
In Cook County only, your landlord must change your lock, or put in a new key, before you move in. This way, the old renter's key no longer works. This state rule applies in counties with more than 3,000,000 people, and Cook is the only Illinois county that large. It does not apply to buildings of 4 or fewer units where the owner lives, or to a room in an owner's home. If a theft happens because the lock was not changed, the landlord must pay for the loss.
Source: -
If you or a household member faces a real and immediate threat of domestic or sexual violence, you can ask for new locks. Give your landlord written notice signed by all tenants on the lease. Add 1 proof of your choice, such as a court paper, a victim services letter, or a police report. Legal aid can help. Your landlord then has 48 hours to change the locks or let you change them. If not, you may change the locks yourself. Then give the landlord a key within 48 hours.
Sources:
If your landlord comes in without notice
-
If your landlord keeps coming in without warning, object in writing. Send a letter, email, or text that names the dates and asks for notice before future visits. Keep a copy. Then keep a dated log of every entry, and save screenshots of texts and emails. Take photos or video if the landlord leaves signs of entry. These records are your proof if you go to court.
Sources:- What kinds of records are useful if there is a dispute about repairs?, Illinois Legal Aid Online. A nonprofit group.
- How can I document an illegal lockout?, Illinois Legal Aid Online. A nonprofit group.
-
Sometimes a landlord's conduct makes the home useless to you, or takes away your use of it, so that you have to move. Illinois courts call this a constructive eviction. You must first tell the landlord about the problem and give a reasonable chance to fix it. If you then move out, you owe no rent for the time after you leave. Talk to a lawyer before you move, because you must prove this in court.
-
For illegal entry or a lockout (when your landlord locks you out of your home), you can file in small claims court. You can ask for up to $10,000. Every county circuit court in Illinois has small claims court. You do not need a lawyer. If you cannot afford the filing fee, you can ask the court to let you file for free. Small claims court can only award money. To make the landlord stop entering, you need a regular civil case instead.
Sources:- Small claims basics, Illinois Legal Aid Online. A nonprofit group.
- Getting Started Small Claims Complaint, Cost to file the forms, Illinois Courts. A government guide.
Did this page help?
Thank you for telling us.