Can my landlord restrict the guests at my apartment?by Aaron Krolik Tenant Lawyer
In short, the answer will be yes, a landlord can restrict the guest coming to the house or the apartment. It depends upon the terms and conditions mentioned in the lease agreement. To better understand all the legal procedures, you can take the help of a Chicago landlord-tenant lawyer. Read the article to know more about tenants' legal rights.
What legal rights do landlords have over guests in general?
According to the state laws of Chicago, the landlord must give written notice to the guest. It can be delivered by the sheriff or served personally.
The notice should state why the guest will no longer be allowed to come to the property and must say that the guest broke the terms and conditions of the lease or the law.
The landlord can not bar the guests until they break any lease rules.
The landlord may tell the guests that they are not allowed to visit you and may say they cannot come to the landlord's property.
The copy of the letter or notice sent to the guest must also be served on you. It comes under the landlord's legal right that they can serve you a notice to restrict your guests from coming to your place.
What is a covenant of quiet enjoyment?
The covenant of quiet enjoyment is a legal phase, which means the tenants have the right to possess their unit without any kind of interference. All these things that are mentioned below violate the right to quiet enjoyment. It includes:
The landlord coming in without any kind of paper notice
Not having essentials like hot water and electricity.
This covenant also gives you all the right to exclude others from the premises. A tenant does not have to allow the neighbors to visit if they are unwilling to. However, there are exceptions; for instance, the tenant should let the firefighter into their apartment if there is a fire. Exceptions should be made for any type of emergency solution. Tenants must have all the rights to enjoy their apartments.
Having a right to exclude certain people from the apartment means tenants also have the right to include guests. However, landlords can also create such restrictions on guests as long as the restriction is reasonable.
Can a landlord bring criminal charges against the guest?
Yes, a landlord can apply to a magistrate for the trespass warrant against the guest if the guest was served the proper notice and still comes onto the property.
What if you think the landlord was wrong to bring such allegations against the guest?
You can file an action in the court of law asking the court to review the landlord's letter to the guest and ask the court to decide whether it was correct. Other than this, you can review the lease agreement, you can speak to the landlord and try to resolve the issues. Seek legal advice in case you are unable to resolve the issues. It is crucial to address the issues in case the landlord brings any criminal charges against the guest.
What restrictions public housing management can impose on guests?
The law protects public housing tenants from excessive guest restrictions. For instance, the Chicago Housing Authority does not impose restrictions based on criminal history. However, it can impose restrictions on guests who have threatened the premises'' safety, health, and peace. It includes guests involved in criminal activity cases.
Here are some examples of unreasonable guest restrictions on public housing residents:
A rule requiring residents to document and obtain permission for overnight visitors.
A rule forbidding a specific guest from visiting without any legitimate reason.
A rule forbidding guests under a certain age.
Some public housing authorities use the ban list to keep track of banned guests from the premises.
What restrictions can a private landlord impose on guests?
Private landlords in Chicago have more discretion to restrict the guests than public house management. Private landlords can restrict guests from visiting for less than two weeks. They can also impose any guest restrictions agreed upon in the lease.
Unlike any public housing, private landlords can have the legal authority to create rules such as:
The tenant should obtain written approval for guests.
The tenant may not have more than one overnight guest at a time.
The tenant must not have an overnight guest more than twice a week.
What can a tenant do if the landlord has restricted guests in the unit?
If the landlord chooses to restrict guests, it must be written in the lease agreement. That should be reasonable. If the tenant has restricted guests, the landlord can proceed as they would while a tenant violates any lease.
A landlord can ask a tenant to remove the guest from the apartment. In a very rare scenario, the landlord may give an eviction case notice for the tenant's lease violation.
A landlord can not evict the tenant for the guest's violation immediately. If there is any guest violation, the tenant may receive a 10-day notice.
Our lawyers are highly proficient in handling such types of cases. You can reach our team members anytime if you have any queries. We will align your lawyers according to your requirement. Contact us today to book your appointment.
Created on Feb 24th 2023 03:47. Viewed 76 times.