My landlord sends inspections through my apartment without giving me required 2 day notice, if at all. Can I break my lease?

Asked about 1 year ago - Chicago, IL

The house I live in is for sale and my landlord is coordinating repairs and inspections. My lease says I am to be given two days notice of any and all visits by my landlord. I will sometimes receive almost a full 24 hours, but usually it's less- if I'm even notified at all. There has been at least one occasion where my landlord sent a repair team through my apartment while I was at work without telling me maintenance was even needed. I came home to find my door unlocked and my things moved around. Is this sufficient grounds to terminate the lease?

Attorney answers (1)

  1. Joseph Andrew Brabender IV

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Is the unit in Chicago? Does the landlord live in the same building?

    If your house is in Chicago, your lease is likely regulated by the Chicago Residential Landlord Tenant Ordinance. Under the RLTO a landlord must give the tenant 2 days notice before entry except when there is an emergency or a unexpected need to enter the unit to repair other units.

    If the landlord violates this provision, termination is an option as well as recovery of 1 month's rent as a penalty. The landlord is also responsible for the tenant's attorney fees and court costs.

    Tenants should not try to terminate their lease or collect a penalty without a lawyer as landlords often react by filing small claims lawsuits.

    I have attached a link to an article I wrote on Chicago tenants' rights below.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed... more

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