Rights and Obligations

(The information contained below may vary according to location. Please check with local, state and federal law.)

RIGHT OF ACCESS BY THE LANDLORD

     The right of access by a landlord to a dwelling is restricted, except in the case of, abandonment by the tenant or an emergency condition within the dwelling unit. In all other cases, the landlord must give the tenant reasonable notice of the landlord's intent to enter and may only enter at reasonable times.

REFUSAL BY A TENANT TO ALLOW ACCESS

     A tenant may not unreasonably withhold consent to the landlord to enter a dwelling for the purpose of inspecting the premises, making necessary or agreed-upon repairs, making alterations or improvements, etc. If a tenant refuses to allow access, a landlord may obtain a court order to force access. In such situations, a tenant is liable for damages and attorney's fees.

ABUSE OF ACCESS BY A LANDLORD

     A landlord may not abuse the right of access or use it to harass a tenant. If a landlord abuses the right of access for harassment, makes repeated demands for entry, or enters at unreasonable times or in an unreasonable manner, a tenant may immediately seek an injunction from the Circuit Court. In such situations, a landlord is liable for damages and attorney's fees.

NONUSE OF THE DWELLING

    If a tenant plans to be absent from the dwelling unit for a period of time greater than seven days, the law allows a landlord the right to access to the premises at reasonable times to protect his/her property. If the terms of the rental agreement require notification of an absence by a tenant in excess of seven days and the tenant fails to do so, the landlord has the right to recover any damages or losses that occur during the tenant's absence. For example, if the water pipes freeze and break during the tenant's absence, then it becomes the responsibility of the tenant to pay for damages and the cost of repairs.

ABANDONMENT BY THE TENANT

     If a tenant abandons a dwelling unit before the expiration of the rental agreement and the landlord finds a new tenant to rent the unit, then the rental agreement is terminated as of the day the new tenancy begins. The landlord may collect damages (accrued rent, advertising costs, etc.) for the time the dwelling is vacant.