What are my rights when dealing with my landlord entering my condo?

Full question:

I am a tenant without a lease. I rent month to month. I got laid off from my job last fall. Since December, I have fallen 3 months behind in my rent. My landlord has been pounding on my door 6 times in one week, at all hours of the day and night. He just served me with a 5-day notice for rent due. He also served me with a 48 hour access notice. I live alone in his condo and every time I ask the doorman and/or management office who is pounding on my door, they tell me they don't know and there is no signature in the sign-in book. I am physically afraid of my landlord. I have called him and he left a message that he didn't want to talk to me. This past Saturday, I had my purse stolen, which had my apartment keys in it. On Sunday, I contacted a locksmith and had the lock rekeyed. I called my landlord to tell him what I did and he was furious with me. He said I didn't have his permission to do that. He told me to leave a key for him at the front desk, so he could use it to come into my apartment. The 48 hour Access Notice says that he is coming in for an inspection and/or repairs. If he finds repairs, he shall access my apartment on a daily basis commencing until any required repairs are completed. I feel that this is a ploy to harass me further and not for repairs. Repairs are done by the maintenance staff in the condo building. He has instructed me in the past to call the staff in the building to repair anything that needs repairing, pay for it, and then send him the receipt; which he deducts from my rent. Because of his unpredictable behavior and constant pounding on my door, I did not leave the new key at the front desk. He called me this afternoon, the day of the access notice, and said he wanted to meet me in the lobby at 8:30 tonight to get the key. He said I have to give it to him personally, not leave it at the desk. I feel this is some sort of set up. He has not gone to court to officially file an eviction as of yet. My question, can either the condo building or my landlord do anything to me for refusing to give him the new key? Can the building change the locks on my door when I am not here? I was told by a police friend, that the next time the landlord comes pounding on my door to call the police.

• Category: Landlord Tenant
• Subcategory: Entry of Premises
• Date: 04/07/2025
• State: Illinois

Answer:

A tenant generally cannot change the locks unless the landlord agrees. Also, the tenant cannot add locks that might stop a landlord from entering the unit if there is an emergency or if the landlord has a valid reason for entering the rental unit and the landlord has given the tenant proper notice to enter. If the tenant does change the lock, a copy of the key should be given to the landlord immediately.

Illinois law says that a landlord must file an eviction action in court before having you removed from your apartment. Your landlord must go to court before locking you out of your apartment, even if you owe him rent. This situation is often called a "lockout".

A locked out tenant can file a court case to attempt to get back into the apartment. Listed below are the court documents that the tenant will need when to go to court. The following papers will need to be filled out and filed with the court.

Motion for a Temporary Restraining Order

Complaint for Injunctive Relief

Memorandum in Support of the Motion for Temporary Restraining Order

Affidavit of Plaintiff (Tenant)

The landlord’s failure to allow access to an apartment may be considered a "breach" of the lease. If the tenant chooses to get out of the lease, the tenant must tell the landlord in writing that she intends to terminating the lease. That cancels the tenant’s duties under the lease, and frees you to move somewhere new.

The following are IL statutes:

(735 ILCS 5/9 205) (from Ch. 110, par. 9 205)
Sec. 9 205. Notice to terminate tenancy from year to year. Except as provided in Section 9 206 of this Act, in all cases of tenancy from year to year, 60 days' notice, in writing, shall be sufficient to terminate the tenancy at the end of the year. The notice may be given at any time within 4 months preceding the last 60 days of the year.
(Source: P.A. 82 280.)
(735 ILCS 5/9 207) (from Ch. 110, par. 9 207)
Sec. 9 207. Notice to terminate tenancy for less than a year. In all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days' notice, in writing, and may maintain an action for forcible entry and detainer or ejectment.
In all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days' notice, in writing, and may maintain an action for forcible entry and detainer or ejectment.
(Source: P.A. 82 280.)

(735 ILCS 5/9 210) (from Ch. 110, par. 9 210)
Sec. 9 210. Notice to quit. When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease. Such notice may be substantially in the following form:
"To A.B.: You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.)."
The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary.
(Source: P.A. 82 280.)