Q–I have a tenant in a building I own in Chicago whose lease ends at the end of this month. She had promised to leave the apartment two months ago and, though the lease would have continued for that period of time, I was willing to let her go.
Now she hasn’t moved as promised, and though she has paid the rent, I want to make sure she’s out when the lease expires. She will not return my calls and will not allow me in for an inspection or to show the apartment to prospective tenants.
What can I do to get into the apartment and to get her to move out?
A–You may not be able to get into the apartment without moving toward an eviction. Under Chicago’s Residential Landlord and Tenant Ordinance, you have the right to give the tenant notice that you plan to go into the apartment to inspect it or to show the unit to a prospective tenant. This notice must be given at least 48 hours before the visit, and entry must be made at a reasonable time.
While the ordinance doesn’t require it, you would be wise to give the notice to the tenant in writing and to keep a copy of the notice for your own records. Your notice must state the reason for entering the apartment and at first you should probably state it is only for an inspection, because you don’t want to make an appointment with a prospective tenant and then not be able to show the unit.
Practically speaking, while you may give notice to the tenant, if she follows her past pattern, she may not allow you into the unit. Under such circumstances, you must either serve her a default notice–for failure to allow you into the apartment–or proceed based upon the expiration of the lease. Because the lease expiration case is much more clear-cut, that is probably the best course of action.
Under the city’s ordinance, if you don’t give the tenant notice at least 30 days prior to the expiration of the lease of your intention not to renew the lease, the tenant is automatically granted up to 60 more days of tenancy from the time you provide notice of your intention not to renew.
Once the 60 days elapse, you can proceed to an eviction suit based upon the lease expiration.
You should note that during that 60 days, the ordinance requires the tenant to pay the rent and otherwise abide by the lease. If the tenant defaults on the rent or on other lease terms, the landlord has the same remedies as those that applied during the stated term of the lease.
Ultimately, you may have to go through with an eviction if the tenant rebuffs your efforts to inspect the unit or if she fails to move. If the tenant is aware of your intentions, hopefully she’ll move out and save you both the hassle.
———-
Robert A. Boron, a Chicago attorney who specializes in leasing matters, writes about landlord and tenant issues for the Tribune. Questions to him can be addressed to Rental Q&A, Your Place section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611.
