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Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9035
Experience:  since 1983
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I live in an apartment where there are 4 bedrooms and each

Customer Question

I live in an apartment where there are 4 bedrooms and each bedroom is leased individually. I have leased one of them and 3 of them are empty. I try to keep my wooden floor clean and I absolutely HATE people treading all over with shoes on. Whenever the staff and maintenance come in, I politely ask them to take their shoes off, and they are courteous enough to do it. However, there are a few staff members (leasing agents) who don't seem to like the idea, and on 2 different occasions now, they have walked in with shoes on, even though I asked them face to face to take them off or put on shoe covers that I provided. They obviously have this attitude that they will do what they want to do since I cannot do anything about it -- just straight up provocation and disrespect. Is there really nothing in the law that can prevent them from doing this? The fact that they deliberately irritate me this way -- I just cannot stand. Also, they rarely give any advance notices -- at times they will just knock and barge in randomly.
Submitted: 2 months ago.
Category: Legal
Expert:  Phillips Esq. replied 2 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties. I am preparing my response to your post and I will post it very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

Are you in Chicago?

Customer: replied 2 months ago.
It is in Champaign.
Customer: replied 2 months ago.
Expert:  Phillips Esq. replied 2 months ago.

Yes, I am here. I was helping another customer when you responded. I will opt out and let another Attorney assist you because I am unable to respond fast enough.

Best wishes,

Customer: replied 2 months ago.
does this mean I have to pay extra money?
Expert:  N Cal Attorney replied 2 months ago.

New Expert here.

You do not have to oay any more than you offered originally.

Does your rental agreement say anything about the landlord's right to inspect or enter the property?

Customer: replied 2 months ago.
Landlord or Landlord’s agent may enter the Unit by any means necessary:
a. by giving Tenant a twenty-four (24) hour written notice of intent to enter Unit; or
b. without notice to Tenant in the event of an emergency or situation where it is impractical to give twenty-four (24) hour notice such
as inspection of possible lease violation; provided Landlord gives Tenant notice of such emergency entry within 24 hours of having
made such emergency entry; or
c. if noise inside Tenant’s Unit constitutes a public nuisance or is too loud to hear someone knock at the door; or
d. With reasonable prior written notice to Tenant to show the common area of the Unit and any vacant bedroom to a prospect
Customer: replied 2 months ago.
This is what is on there. They rarely give 24 hour notice. They have no reason to suspect lease violation. Sometimes leasing agents just wants to "check on the rooms" and they knock and come in with no prior notice. What irritates me the most however is some of the agents' attitude and their unwillingness to respect my living preference by treading all over the floor with their dirty shoes, flat out ignoring when I'm standing right next to them talking to them.
Customer: replied 2 months ago.
In "Rules and Regulations""Landlord or its agents may make periodic inspections of Tenant’s Unit in order to ascertain any physical problems and also to ensure that
Landlord’s property is being cared for properly. If during the course of an inspection, stolen property (I.E., unauthorized property,
highway signs, etc.). or contraband is found, it will be removed by personnel immediately and Tenants of Unit may be subject to civil
Expert:  N Cal Attorney replied 2 months ago.

The agreement says 24 hours advance notice and you can try to refuse them entry if they do not give the notice promised in the lease.

You can start to keep a diary of every time they violate the notice provision and then sue them in small claims court for ivasion of privacy and breach of the agreement.

You can get a free consultation from some of the landlord tenant attorneys listed by location here.

A written warning letter from an attorney might be enough to stop their unannounced intrusions, so I suggest that you follow up on this with a local attorney.

I hope this information is helpful.

Customer: replied 2 months ago.
If they have the key and if they have already opened the door, how can I refuse to let them in? What happens if I physically push them or shove them out and either party gets injured as a result? If there is physical violence involved inside my apartment due to their intrusion, could I be charged with battery of any sort?Also, how could I leave a clear evidence that they entered? Would writing work or would I need some sort of recording whether videotaped or voice recorded? Would there be any legal restraints to doing such recording?
Expert:  N Cal Attorney replied 2 months ago.

You cannot physically touch them but you can legally photograph or videotape anyone who enters your home without your consent. Getting photos that are time and date stamped would be very good evidence that they are invading your privacy.

Customer: replied 2 months ago.
Whether they gave 24 hoir notice or not, I would not want them in if they rudely and disrespectfully ***** ***** walk in with shoes on. So in this case, I can still video record them?What if they try to block or snatch my phone away and physical confrontations happen as result? Would any injuries incurred be any of my responsibility? This often seem to happen
Expert:  N Cal Attorney replied 2 months ago.

My opinion is that you have the right to videotape even if they object but you cvannot use a hidden camera and should not record audio without consent to everyone taking part in a conversation, see

If someone tries to take you recorder by force that is robbery and should be reported to the police. If they injure you, you can sue for damages.

My opinion is that you have a particularly bad rental agreement that is more one sided than usual in favor of the landlord, but Illinois has very few laws that protect tenants. I still think you should consult with a local attorney, given the ongoing and apparently unending nature of the problems. I believe the tenant also has the right to insist that visitors remove or cover their shoes. Your home should be controlled by your rules, but only a local attorney can provide legal advice. Often a letter from an attorney is enough to make landlords back off from harassing the tenant.

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