State Specific Question About: ILLINOIS (IL)

Vee and Robert J is interesting to learn this, i am going to ask or search if we can do this.

How will you word it on your leases please?

Robert's suggestion is interesting, but only for the effect.

CA laws says (Penal Code 418): "Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor."

I would suggest that any tenant subject to this treatment should call LA Housing Dept (if in Los Angeles); upon appropriate identification and proof of tenancy, they will dispatch a locksmith, charge the landlord for his services, put a dot next to his name in the Rent Registry, and send a Police Officer to allow the tenant to file a complaint of a misdemeanor offense. If not in Los Angeles, then the local Police will accept the report, but you can call your own locksmith and bill the Landlord, and Small Claims Court will back you up.

Larry,

Welcome to the forum.

Do not use your full, real name (assuming that is what you did - it looks real : )

Check your Landlord/Tenant state laws - link in the upper left area of this page.

It may spell out exactly what you need to do, like mine does.

Do this TODAY so you can take action TOMORROW. A required smoke alarm is a health and safety item, and must be dealt with promptly.

DOCUMENT EVERYTHING that has already happened & been said. Day, time, who said /did what. Continue to document everything going forward, and keep it permanently with this tenant's file.

ALSO: Be prepared to find lease violations when you enter. There is a reason they do not want you to enter. It would be wise to take a witness with you. Plan ahead what you will do / how you will react to other violations. I suggest taking a blank notice and fill it in and leave it right then - as appropriate.

Is this a long-term tenant? Have they been uncooperative before? You must establish that you (the management) are in charge & if the tenant will not cooperate, make them go find somewhere else to live (check your laws).

Smoking crack and meth will cause smoke detectors to false alarm. Maybe your tenant is using and disconnected or removed the alarm. Are there kids in the home? In my case, the mere threat of calling Child Protective Services fixed the problem.

Robert J from California is correct. Post notice of intent to enter and then proceed to inspect the smokes and check for any leaks around the plumbing. Check the toilet flappers for proper seal. Post any lease violations. Your tenant is balking at letting you in because they're in violation of the lease agreement they signed. It's probably a pet or an extra full time room mate.

Jim,

Which part of Moshe shouldn't you listen to?

The part about who is the owner and who is the tenant?

Or, the part about what the law says and how it gets enforced?

I don't know what your background is, but most landlords in CA know how to solve problems (experienced landlords do; others drop out) and how to deal with laws that, frankly, protect everyone. Here in CA, we have profited enormously from our investments and can easily afford to provide basic rights to our tenants. I am sorry if you haven't had a similar benefit.

Frankly, I don't know what makes you so frightened about my point of view. You are scared to death that some tenant will get you into trouble because of your ignorance and stupidity, and you don't seem to able to cope with solutions of everyday landlord problems.

You're probably terrified that tenants will read about websites titled "How to get your landlord into trouble" because you don't know how to learn your local laws and how to deal with them.

I suppose that you would like to see some landlord on this site go ahead with Robert J's advise to drill out a changed lock and then demand a large payment to provide new keys, and then complain about CA's legal system that provides reasons why this landlord shouldn't have done that.

My tenants don't walk all over me. I have excellent relations with ALL of my tenants. Those that are not rational enough to cooperate soon learn what a bad idea that was and are gone. Most of my tenants are like me: cooperative, rational, and honest. Rarely has a bad one gotten by my screening process.

I have enough education to know how to read books, including law books. I also had a good moral upbringing that taught me not to lie, cheat, or take advantage of anyone. I don't need to let tenants walk all over me. I know how to landlord in CA, and I haven't had difficulty in some 20 or 30 years to solve any problems within my rights as a landlord.

Pity that you don't.

A quick reading of CA law says a landlord CAN change the locks but must give the tenant notice they are going to do so. And must give notice of inspections or other on-site visits.

So I would give notice of installation of smoke detectors.

If you arrive and the locks have indeed been changed, then give notice of lock change.

Return and change locks BUT you MUST *give* the tenant a key! Robert's advice to charge them for it is wrong - but you have a right to a key so changing the locks WITH NOTICE is not illegal.

WMH:

CA laws says (Penal Code 418): "Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor."

The manner allowed by law FOR LANDLORD ENTRANCE TO THE PROPERTY is given in Civil Code 1954. It requires adequate notice, and that landlord may not abuse the right of access or use it to harass the tenant. Leaving the tenant without keys to enter would be seen as abuse of the right to access and so would demanding a fee from the tenant to get the keys to his dwelling.

Careful reading of landlord responsibility (and obedience) under the law will give landlord respite from being charged with a criminal offense, but not relieve him from responsibility for the overall effects of forcing his will on the tenant. The whole matter could have been solved by landlord calling a locksmith to make a key for him.

A suggested lease clause could be: "LESSEE shall not change any lock nor shall LESSEE alter any lock or add any additional lock or chain or any other locking device so that the keys originally furnished by LESSOR will not operate the same and provide access by LESSOR to the premises. In the event that LESSEE changes any lock or alters any lock or adds any additional devices so that the keys originally furnished by LESSOR will not provide needed access, and LESSOR is prevented from entering the demised premises for any permitted purpose which has been properly noticed, then LESSOR may summon a locksmith at LESSEE’s expense, or use any other means to provide LESSOR with the needed, permitted and noticed access to the demised premises, and LESSOR may enter the demised premises without liability to LESSEE, as a consideration of this lease. Such denial of access shall constitute a material and noncurable breach of this lease and LESSOR shall have all those rights given to him under this lease by reason thereof as in the case of any

other breach of this lease."

So California laws on health and safety don't apply to non-cooperative tenants?

I don't understand the phrase:

If not in Los Angeles, then the local Police will accept the report, but you can call your own locksmith and bill the Landlord, and Small Claims Court will back you up.

Moshe, I think that's exactly what I said: LLs have the right to change the locks WITH NOTICE but NOT to withhold new keys.

However, if the lock change is because the tenant changed the locks, withholding the keys from the LL, then I would certainly charge the tenant for the extra lock change.

My lease states no lock changes by tenants allowed. If they have reason to believe their key is under the control of someone else I will change the locks out. Depending on the circumstances I might charge them. Sometimes I do, sometimes I don't.

Got a call late at night where tenant said she locked herself out. I got out of bed, drove over there and my key didn't work. I said as much. She said she changed the locks. I went back to my truck, started it up and told her to call a locksmith. I didn't even try to pick the lock as she broke the rules.

WMH:

You are confusing the civil offense with the criminal offense.

If the tenant changes the lock in violation of the lease, and the landlord needs to enter and cannot, then he is justified in billing the tenant for cost of locksmith. But if he WITHHOLDS the new key from the tenant pending payment, then he is guilty of abusing the right of access and is in violation of the Civil Code, and as such, he is guilty of a misdemeanor.

If the Landlord didn't have a good reason to enter the dwelling, but came just to drill out the lock just because he doesn't allow tenants to change the lock, then he is again guilty of misdemeanor plus civil offense. CC 1954 allows landlord to enter for "necessary or agreed repairs", and the notice must specify the reason for the repair. If the landlord had no need to enter, then he is not entitled to enter for an unneeded repair, unless the tenant agrees to the repair. Thats an actual case.