Landlording and tenant laws in Illinois

Rental Property Investor · Naperville, IL · Member since 2018 · 7 posts · 6 votes

Hey all,

I am currently in the middle of a contested divorce. We have a court appointed realtor to sell my rental property that is currently rented out on a month to month lease. The realtor asked to go through the property because my wife asked the condition of the home for selling. The tenants agreed to let the realtor into the home to look at the house. However, the realtor took my wife through and did not notify the tenants that there would be more than one person going through the home. First, is this illegal? Second, is there legal action that the tenants can take against my wife for illegally trespassing on the property?

Odd situation, I know. Thanks in advance for your help.

Rob

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John Warren

Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes

@Robert Vanecek not to play the devil's advocate, but what will the tenant do when a potential buyer brings their family through? Buyers and buyer's agents will not give exact number counts on who is coming through. You probably know the tenant well, but as much as possible I would treat this part of things as a business and just let this one go. The property will sell you and you guys will split the money in some way and then you can get back into the game once things clear up. You will never hear from or see the tenant again.

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John Warren
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
4y
@Robert Vanecek I cannot imagine why it would be an issue from the tenant's point of view. Your wife is an owner, correct? As long as proper notice was served there should be no issue.
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Jonathan KlemmBusiness Member
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Contractor · Chicago, IL · Member since 2016 · 4k+ posts · 2k+ votes
4y
@Robert Vanecek - Assuming you gave the tenants proper notice I don't think there are any legalities a tenant could present for having more than one person come for the walk-through. I am definitely no attorney maybe @Bob Floss II can add additional thoughts.
Is this property in cook county / Chicago or in the suburbs?

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Robert Vanecek
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Rental Property Investor · Naperville, IL · Member since 2018 · 7 posts · 6 votes
4y
@John Warren
The realtor was given permission for her to go through the home. But she didn’t state that she was bringing anybody else. So my wife didn’t give notice nor did she receive permission.
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John Warren
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
4y
@Robert Vanecek not to play the devil's advocate, but what will the tenant do when a potential buyer brings their family through? Buyers and buyer's agents will not give exact number counts on who is coming through. You probably know the tenant well, but as much as possible I would treat this part of things as a business and just let this one go. The property will sell you and you guys will split the money in some way and then you can get back into the game once things clear up. You will never hear from or see the tenant again.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Sorry, but this sounds like you're looking for a way to pick a fight with your wife. She's the owner (at least partially) and has a right to inspect with the agent as long as proper notice was given. The tenants have no rights regarding how many people enter the home and the agent has no responsibility to give them a head count.
You should let it go and tell your tenants to relax. Wait until they have an agent bring through a first-time home buyer with four kids under age 8, grandma and grandpa to share advice, and cousin Eddy the contractor who's going to climb around the attic, bang on pipes, and ask 100 questions.
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Mark F.Pro Member
Rental Property Investor · Elgin, IL · Member since 2016 · 326 posts · 270 votes
4y
I have to 100% agree with @Nathan Gesner on this one. Being an investor, self managing my own portfolio PLUS 30 years in law enforcement as a police/fire/911 dispatcher - this nothing more than family drama.
As mentioned above, she is also half owner, and has the same rights to the property as you do. Would you really ask for her permission if you wanted to go there? The ONE exception to this would be if there is a court order, such as an Order of Protection issued by a Judge and the property was listed as a "protected address" then she would be prevented, by court order to be there, however that is highly unlikely for a rental property. Also, your estranged wife did not legally "trespass" as she is co-owner, and even without giving notice it's not a criminal offense for her to be there.
I get it, have been divorced (more then once) myself plus decades of call like this on ABC (you pick subject) and it all boils down to the same thing. Absolutely no offense mean @Robert Vanecek just let it go my friend. Its difficult to keep emotions out of it but you will be much better off in the end if you do/can.

Mark
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Robert Vanecek
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Rental Property Investor · Naperville, IL · Member since 2018 · 7 posts · 6 votes
4y
Thank you for your feedback. You’re all correct. I appreciate the insight. Good perspective from the other side of the fence.
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