As with any contractual arrangement, the relationship between a landlord and a tenant is governed by various rules and regulations. Beyond the statutory responsibilities that both landlords and tenants have towards each other, there are also common modes of practice that are dictated more by an effort to be considerate towards each other than by actual rule of law.
Key Takeaways
Landlord's Right to Show the Apartment
You may be wondering whether your landlord is permitted to show your apartment to other prospective tenants while you are still occupying the apartment. You may be wondering whether this is permissible not only while you technically still occupy the property but also when you are not actually home during the showing. Or when you are home and present while the landlord and prospective tenants walk through your place. This may feel awkward, but it is actually legally allowed.
As long as your landlord gives you a reasonable amount of advance notice, they can let themselves into your unit to show it to interested parties. A “reasonable amount of advance notice” typically means 24 to 48 hours prior to the scheduled walk through.
Timing of Apartment Showings
An important factor to keep in mind is that landlords will start showing your apartment around two months in advance of your lease expiring if you have not otherwise notified them of your intent to either renew your lease or for your tenancy to come to an end on the date that your lease expires. So, if you intend to stay but have not notified your landlord of your plans one way or the other, do not be surprised if and when they start bringing people to view your unit while you are still a couple of months out from your lease expiration date.
Importance of Communication
The biggest thing when it comes to landlord and tenant dynamics is communication. You have a duty to communicate to them what your intentions are so that they may make plans accordingly, and the same is true in reverse. In fact, there are statutory guidelines surrounding this duty to communicate.
Legal Framework: The Landlord and Tenant Act
The primary legal authority which dictates landlord tenant relations is the Landlord and Tenant Act. This is the state law which sets out the basic framework for how landlords and tenants are meant to deal with each other. It includes requirements for how rent is to be paid, how the rental units are to be treated by their tenants, and what the timeframes are which govern proper notice to each party.
It crucially, in terms of the topic at hand, sets out the deadlines each party has for notifications to each other regarding lease renewal and expiration.
For example, if you intend to move out and forego renewing your lease, you must give your landlord at least 60 days written notice of your intention. Your lease may specify a different notice term, such as 30 days notice in advance. This is typical if you are on a month-to-month tenancy, which would not require more than one month’s worth of notice. But notice is almost always required no matter what the agreement is that you may have in place.
Chicago's Residential Landlord and Tenant Ordinance (RLTO)
The city of Chicago has its own statute, called the Residential Landlord and Tenant Ordinance (or RLTO). This statute, like the state one, sets out guidelines for the rights of access which landlords retain.
Landlords are required to provide you with a reasonable advance notice of their intention to terminate your lease, for example. Your lease will also state important information, such as when notice is required from the landlord to the tenant when they intend to enter the rental unit, and for what purpose.
Just as your landlord must let you know, with sufficient time in advance, of their intention to enter your unit for the purpose of repairs and maintenance, they must also let you know when they intend to enter for the purpose of showing your unit to prospective other tenants. You may offer alternative options if the dates and times your landlord hopes to enter your unit do not work for you, but you cannot purposefully stall in order to avoid them entering and conducting a showing.
Landlord's Discretion in Lease Renewal
It is important to remember that your landlord may choose to terminate your lease agreement even if you intend to stay and renew your lease. They can deny that request at their discretion, barring some unconstitutional reason such as discrimination. Otherwise, if they want you out, they can let you know two months in advance that they will not be renewing your lease and then give you 48 hours advance notice that they will be bringing a prospective tenant to view your unit. That is the tricky part about renting – the landlord is the property owner, and even though there are protections in place for tenants, the law also offers protections for the landlords, which ultimately may make the situation play out more in their favor.
Conclusion
So, in conclusion, yes, landlords may show your unit while you are still occupying it, and even while you are actually home. The thought that some stranger may walk into your home while you are freshly out of the shower or some other compromising position may sound awfully uncomfortable, but as long as your landlord gave you a day or two to prepare for such a visit, you have an obligation to go along with it.
.avif)
.svg){kind=small}
