Do I have the right to let myself into the rental that I ownafter proper notice to the tenant?

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Do I have the right to let myself into the rental that I ownafter proper notice to the tenant?

My tenant agreed that I will have a regular house inspection once in every 2 months. However, after I gave her 1 week notice that I’m coming over, no one opened the door for me. After I rang the door bell and waited for 10 minutes I let myself into the house. Now my tenant is very upset. She said that she can sue me for letting myself in. Do I have the right to let myself in after proper notice to the tenant?

Asked on August 9, 2010 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In this case, you should indeed have the right to let yourself in. There was an agreement that there could be regular inspections. Even without an agreement, the landlord can make occasional inspections on sufficient notice. Normally, 24 hours is considered reasonable; a week is generous. Nobody apparently responded, so you could think the home empty. A tenant should not be able to complain of a landlord's inspection under these circumstances. If you had provided written notice in some way that you could prove you sent it (e.g. email) and if the agreement regarding inspections was also in writing, then you should be on good ground if the tenant were to try to sue you. Good luck.


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