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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33082
Experience:  30 years of real estate practice experience.
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Can we visit our apartment if tenant does not pay rent?

Customer Question

We are the landlord but our tenant hasn’t paid for the past 3 months. This is in East Dundee, Illinois. He did sign the notice to leave the apartment yesterday but hasn’t called us back to return the keys nor is he responding to any of our phone calls. Is it okay for us to go to the apartment to heck and see if he left?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.
Has he signed a release of tenancy?
Is there a written lease?
Does it address landlord access?
Customer: replied 11 months ago.
he had signed lease but that has expired. He has been paying month to month and also kept missing payments in between. The last we provided him with a notice that he signed to leave the place 7-31-2016. I am not sure if he did. He hasn't called us and nor he is answering our phone calls.
Expert:  Loren replied 11 months ago.
Illinois law gives you the right to access the premises if you reasonably believe the tenant has abandoned the premise. Leave a message giving 24 hours notice that you will be entering the premises to check the condition and see if he is still living there. If he is still living there then you will need to file a forcible detainer to have him evicted. You can not use self help to evict him.

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