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I have a question regarding apartment complexes in Illinois. My wife and I just ran across this here recently.
To hit to the heart of my question, is there any law that describes an apartment needing to give fair notice to an occupant before they enter the apartment? Just here recently, the apartment complex decided to enter our apartment while we were at work to do an inspection and not tell us anything about it. They decided then to leave a bill for $5 on the back of our couch to charge us for replacing a smoke detector that went dead.
I'm not upset about the $5 (I mean, kind of, because imo, it should be covered as general maintenance), but what I'm more concerned with is their right to enter our apartment whenever they want without telling us. It is listed in the lease that they are allowed to enter the apartment "for any lawful purpose at reasonable hours." And it also says they are allowed to charge us $5 if it's found that our smoke detectors are dead, that it's our responsibility to maintain them. But my question is more or less, is it lawful to do these things?
I mean, come on, my wife's belongings and clothes are out, and for all I know, these people, who we don't know, could of very easily gone through and taken some of our stuff and we'd have never known. Needless to say, I'm upset and this could be a deal breaker for us.
Thoughts? Legally, are they within rights to do this considering we signed the lease?
What does your state laws say about this? Your state's AG website should have a Tenant's Rights guide on it. Everyone who rents should gave a copy of their state's landlord-tenant laws.
Notice? I don't know. If it is in your lease that they do quarterly inspections, you have been notified. I suggest that you look up your state landlord law and see what it says. If you still aren't happy, take your lease to a lawyer and see what he says. You can have the lawyer write a letter to your landlord requesting 24 hour notice, if the lawyer thinks your landlord is violating the law.
Depending on what type of housing you are in, there might be some variation of what is required. Public housing, low income housing, and some other types of specialty housing might have different rules than full price privately owned rentals..
Unfortunately, there is no rule or law in Illinois which states when a landlord can or can't enter the property he/she is renting. As such, the general rule is that a landlord may enter with reasonable notice during reasonable times except in case of an emergency unless a local ordinance or the lease agreement specifically states otherwise.
Keep in mind that a renter does have a right to use enjoy the premises and the landlord cannot interfere unreasonably with that right by frequently entering the property or failing to give notice of entry.
What is considered a "reasonable notice?" They didn't give any notice at all. They gave a notice that they had already entered, but not that they were going to enter. Is giving a notice after they had already entered considered reasonable notice? The lease reads that they reserve the right to enter the property so long as it's within reasonable hours. I don't have the lease right in front of me right now (not at home) but I don't think it mentioned anything about a notice. Does the law say anything about this or am I out of luck?
change the locks. i think it is bs when ll enter someones apartment when they are not home.
if there is a fire, the firemen will break the door, thats the only emergency, not checking for batteries.
change the locks. i think it is bs when ll enter someones apartment when they are not home.
if there is a fire, the firemen will break the door, thats the only emergency, not checking for batteries.
BAD ADVISE....
It’s likely illegal to change the locks without the landlords permission or supplying the landlord with a copy of the key.
change the locks. i think it is bs when ll enter someones apartment when they are not home.
if there is a fire, the firemen will break the door, thats the only emergency, not checking for batteries.
Worst advice I've seen on here in a very long time. VERY few states allow tenants to change locks and fewer allow them to do so and deny the property owner the key. If you don't like having inspections then buy a place but as long as there is hundreds of thousands of dollars at risk the owner has every right to reasonable inspections.
Quote:
Originally Posted by Centerbrick
Thoughts? Legally, are they within rights to do this considering we signed the lease?
Seems they are well within their rights. They aren't going through your stuff looking for things to take. Most likely they inspected another 10-30 units on the same day, they don't have time and your stuff isn't as valuable as you think it is. If they took something they couldn't sell it at a pawn shop or Craigslist because the cops watch those things so even your most expensive jewelery, which you would have checked first when you saw the bill, is nearly worthless. The $50 in junk they could swipe without you immediately noticing isn't worth it.
Would giving you notice before have been the decent thing to have done? Sure, but they don't have to based on what you and some others have said. Look at it the other way around, the home is worth way more than your things. Should they not be checking on it to make sure you aren't putting it at unnecessary risk? You left smoke alarms without working batteries so you did put it at risk.
Batteries are not a general maintenance item for LLs to deal with, like air/furnace filters. They go out randomly and need to be addressed right away so unless you want them in their more often then they already are they are a tenant responsibility with few exceptions. If they hadn't tested them and replaced the battery and you had a fire you would be asking if you could sue them for the non-functional detectors.
There are two different kind of LL that I've experienced. The ones that does a lot of inspections are looking for ways to file an application to raise the rent above the legal limit, to find ways to evict people and harassment. It doesn't matter if they give notice or not.
At my new place, they give notice with a range of dates or hours that they will do inspections that is posted in public places, and they don't do it frequently (we don't have to pay higher rent increase). I do feel safe having my engagement ring left at home and not stolen here but at the other place, I do not have that security and discovered later the LL has very bad reputation.
I agree with this original poster and see if you can find another place where you feel more comfortable living in. It is possible that this LL is trying to find ways to irritate tenants and get them to move out.
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