Is my landlord breaching contract by entering without notice?

Question

I received a note under the door saying that the management would be showing our apartment "starting in 2 days" and listed the hours during which showings could occur. I have a copy of the Chicago Landlord/Tenant Ordinance, saying a landlord must give 2 days notice before entering the apartment. They began showing our apartment a few days later, but provided only 30 minutes notice, via phone voicemail (which I didn't even receive until after the showing because I was in class). 

I called to complain, saying that I was supposed to receive 2 days notice before a showing. The management argued that the letter under the door was the notice, even though it gives them free reign to enter the apartment whenever they want during the listed hours with little to no notice, and will continue to do so until the apartment is rented or until we move out in September. 

I'm very uncomfortable having people in the apartment when I am not there, but they gave me no notice. Is this a contract breach?

Fred Head · Accepted Answer

The written notice should indicate the exact time span when they should be entering the apartment. If they are entering outside of that time frame, then it is illegal.

Voice mail is not notice.

Janet F · Answer

Usually tenant laws state that once you've received a letter like that, it is your responsibility as a tenant to let the landlord know that you can't be home then and don't want them entering. By law, as long as you're paying for your place, it is private property. The landlord can enter the premises with the note, but had you objected to the time, more then likely he would not be allowed in and would have to reschedule.

This is especially important if you have tenant insurance, as most policies will not cover "open-door" thieft (i.e. if a guest of your landlord who is viewing the apartment steals something or if the apartment is left unlocked by accident and is broken into).

likewhateverman · Answer

If your landlord's reading of the law is correct, then all any landlord would have to do is give you a note when you sign the lease saying "we will enter your apartment sometime during the time that you are renting it."  And then they could enter your apartment at any time without any further notice, for the entire duration of your lease.  That clearly cannot be what chicago law states.

raichasays · Answer

No.  They gave you two days notice of the dates and times they would be entering.

That's all folks.

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Is my landlord breaching contract by entering without notice?

4 Answers