Landlord Question and Answer Forum

I have a tenant that will not allow me to come and inspect the property. Her lease states “Landlord and Landlord agents shall have the right at all reasonable times, and by all reasonable means, without notice, during the term of this Illinois lease agreement and any renewal thereof to enter the premises for the following purposes: A. Inspect the property for conditions. What can I do at this point as a Landlord?

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.If the tenant has a legitimate request, such as not having enough time to clean the rental before showing it to a prospective buyer, the landlord may consider working with the tenant for a better time that benefits them both. However, if the tenant is still refusing to allow entry some states allow the landlord to enter peacefully and some might want to bring a witness to prove they were specifically needing entry for legitimate reasons to inspect, repair, so on and so forth. In some states, the tenant is not allowed to refuse entry after getting written notice, but the decision to refuse must be reasonable and justified.

Posted by Adrien l, PA on Tuesday, February 6, 2018

Thanks Adrien, the tenant was given a month notice for the inspection (mind you this is the first inspection). Her reason is “I’m treating her like a criminal”. Which makes me believe she’s trying to hide something. The problem is she doesn’t want to work with me at all! I told her I would like to do this first one and after that we can do every 3 months, but she’s refusing to have an inspection period

Posted by Margie N, on Tuesday, February 6, 2018

Hi Margie- I'm a new landlord with three single-family home properties, and I'd like to do the same with all my properties. I'm trying to figure out a way how to communicate this to each tenant without them feeling as if I'm evading their privacy. I think we have the right to do this as landlords and owners, so I'm not sure why tenants tend to resist.

Posted by Darwin Q, AZ on Tuesday, February 6, 2018

Hi Darwin, the same with me, first time landlord with single family home. I contacted section 8 (which my tenant has). The section 8 inspector (which is a former attorney) looked at my lease and told me I had every right to inspect the property and she also sent the tenant an email advising her if she doesn’t comply with my request then she will be in violation and kicked off the section 8 program.

Posted by Margie N, on Tuesday, February 6, 2018

Hi Darwin, the same with me, first time landlord with single family home. I contacted section 8 (which my tenant has). The section 8 inspector (which is a former attorney) looked at my lease and told me I had every right to inspect the property and she also sent the tenant an email advising her if she doesn’t comply with my request then she will be in violation and kicked off the section 8 program.

Posted by Margie N, on Tuesday, February 6, 2018

Hi, Margie. I have one unit in California. My M-2-M agreement includes a clause about entry with reasonable notice. I would suggest that you complete a notice of entry letter (which I'm sure can be found on this site), making sure to schedule a time/date that will conform to the legally allowed notice time frame for your state. That letter will tell your tenant specifically when (date and time) and why (general maintenance/property inspection, etc.) you will be entering the unit, and that she is welcome to be present, but her presence is not required, and that you will be entering whether she is there or not. Next, document when it was sent to your tenant, either by e-mailing to the tenant, or by mailing and getting a certificate of mailing from you PO, or by sending registered. Always good idea to check with your local landlord/tenant law website to see what they have to say.

Posted by Cheryl C, CA on Tuesday, February 27, 2018

Thank you so much Cheryl C

Posted by Margie N, on Tuesday, February 27, 2018