My tenant won't let me show the rental unit - what can I do?

[Roderick McCleary]

Hi All - 

The Scenario: I live in IL and am landlord to a 2 unit property. Unit 1's lease expired April 30th, 2021 and she has been a nightmare tenant. She claims she is looking to move out but keeps coming up with new vague excuses to buy herself more time. She keeps paying May/June rent so far but she is not peaceful to deal with and has had a few run-ins with the local cops. I have found a new couple who is ready to move into Unit 1 and they have until July 31 to move in otherwise they will look elsewhere. I do not want to lose these perspective new Tenants.

The Challenge: Current Unit 1 Tenant won't tell me the date she is moving out, citing she has to wait for her Mother's home sale to close so she can get money. She won't give a date on moving out and her logic is constantly flawed. I requested to show her Unit to my new tenants so they can see it in person before we can come to terms on a Lease but she refused my request. She said she will not allow anyone (myself included) to enter her Unit while she occupies.

The Question: As the landlord, what are my rights? I have read online that as long as I give her 24hrs (which I have) I have the right to access the Unit. Also, if anyone has any tips on how to remove her from the Unit (eviction?) that would be helpful. Thank you in advance.

[Nathan Gesner]

Originally posted by @Roderick McCleary:

Hi All - 

The Scenario: I live in IL and am landlord to a 2 unit property. Unit 1's lease expired April 30th, 2021 and she has been a nightmare tenant. She claims she is looking to move out but keeps coming up with new vague excuses to buy herself more time. She keeps paying May/June rent so far but she is not peaceful to deal with and has had a few run-ins with the local cops. I have found a new couple who is ready to move into Unit 1 and they have until July 31 to move in otherwise they will look elsewhere. I do not want to lose these perspective new Tenants.

The Challenge: Current Unit 1 Tenant won't tell me the date she is moving out, citing she has to wait for her Mother's home sale to close so she can get money. She won't give a date on moving out and her logic is constantly flawed. I requested to show her Unit to my new tenants so they can see it in person before we can come to terms on a Lease but she refused my request. She said she will not allow anyone (myself included) to enter her Unit while she occupies.

The Question: As the landlord, what are my rights? I have read online that as long as I give her 24hrs (which I have) I have the right to access the Unit. Also, if anyone has any tips on how to remove her from the Unit (eviction?) that would be helpful. Thank you in advance.

 You've made the common mistake of letting your tenant dictate the rules. Stop it.

Your first mistake is letting the Tenant dictate when she will leave. You need to give her written notice of termination with a definitive date for her to be out. Don't negotiate it. Don't wait for her to make a decision. It's your property and you should decide.

Your second mistake is not knowing the law. You are required to give notice but you are not required to get permission. It is your property, not the tenants, and you need to act like it.

I highly recommend "Every Landlord's Legal Guide" by NOLO that is full of practical advice, sample forms, and your state laws. It will help you understand your rights and responsibilities.