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Chicago and Cook County Unlawful Entries By
Landlord

Unlawful entry

Chicago RLTO Sections 5-12-050 and 5-12-060 - Right of Access

Unlike the new Cook County RTLO, “harass or harassing” are not defined in the Chicago RLTO.

Pursuant to Chicago RLTO Section 5-12-050 “Landlord’s Right of Access,” a Chicago Landlord has strict obligations prior to entering a Chicago Tenant’s dwelling unit.

If a Landlord violates any of the subsections of Chicago RLTO Section 5-12-050, the Tenant may recover one months’ rent under Chicago RLTO Section 5-12-060 and may terminate the lease pursuant to the notice provisions of Section 5-12-110(a).

The following are the strict obligations of Chicago Landlords with respect to entering a dwelling unit contained in Section 5-12-050:

* The Landlord shall not abuse the right of access or use it to harass the Tenant;

* The Landlord shall give the Tenant notice of the Landlord’s intent to enter of no less than two (2) days. Such notice shall be provided directly to each dwelling unit by mail, telephone, written notice to the dwelling unit, or by other reasonable means designed in good faith to provide notice to the Tenant.

*The Landlord may enter only at reasonable times except in case of an emergency. An entry between 8:00 a.m. and 8:00 p.m. or at any other time expressly requested by the Tenant shall be presumed reasonable.

Cook County RTLO Sec. 42-808(2) - Right of Entry

Unlike the Chicago RLTO, “harass or harassing” is now defined in the Cook County RTLO, effective June 1, 2021.

Pursuant to Cook County RTLO Section 42-803(2), “Harass or harassing means knowing conduct which is not necessary to accomplish a purpose reasonable under the circumstances that would cause a reasonable person emotional distress to the tenant and does cause emotional distress to another.”

Pursuant to RTLO Sections 42-808(2)(a)-(c), a Cook County Landlord has strict
obligations prior to entering a Cook County Tenant’s dwelling unit.

If a Landlord violates any of the subsections of RTLO Sec. 42-808(2)(a)-(c), the Tenant may terminate his or her lease and may recover one months’ rent under Cook County RTLO
Section 42-808(2)(e). However, and oddly enough for now, RTLO Section 42-805(D)(3) states the penalty is two months’ rent if there is an unlawful entry. Contrary to the RLTO, the RTLO contains no notice provision to terminate the rental agreement for an unlawful entry.

The following are the strict obligations of Cook County Landlords with respect to entering a dwelling unit:

Sec. 42-808(2) The Landlord may only enter at reasonable times, except in case of an emergency. An entry between 8:00 AM and 8:00 PM or at any other time expressly requested by the Tenant shall be presumed reasonable;
 
Sec. 42-808(2)(a). A Landlord may enter the dwelling unit without consent of the Tenant in case of an emergency;

Sec. 42-808(b). The Landlord shall not abuse the right of access or use it to harass the Tenant. 
 
Sec. 42-808(c). Except in cases of an emergency, the Landlord shall give the Tenant at least two (2) days’ written notice of their intent to enter. The Landlord shall provide this written notice directly to each dwelling unit by mail, telephone, or written notice or by other reasonable means designed in good faith to provide written notice to the Tenant.

Unlike the new Cook County RTLO, “harass or harassing” are not defined in the Chicago RLTO.

Pursuant to Chicago RLTO Section 5-12-050 “Landlord’s Right of Access,” a Chicago Landlord has strict obligations prior to entering a Chicago Tenant’s dwelling unit.

If a Landlord violates any of the subsections of Chicago RLTO Section 5-12-050, the Tenant may recover one months’ rent under Chicago RLTO Section 5-12-060 and may terminate the lease pursuant to the notice provisions of Section 5-12-110(a).

The following are the strict obligations of Chicago Landlords with respect to entering a dwelling unit contained in Section 5-12-050:

* The Landlord shall not abuse the right of access or use it to harass the Tenant;

* The Landlord shall give the Tenant notice of the Landlord’s intent to enter of no less than two (2) days. Such notice shall be provided directly to each dwelling unit by mail, telephone, written notice to the dwelling unit, or by other reasonable means designed in good faith to provide notice to the Tenant.

*The Landlord may enter only at reasonable times except in case of an emergency. An entry between 8:00 a.m. and 8:00 p.m. or at any other time expressly requested by the Tenant shall be presumed reasonable.

Affidavit

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