Q: Tenant rights on landlord entry & emotional support animals in Illinois.
As a tenant, I am concerned about my rights regarding landlord entry and having an emotional support animal. My lease specifies that pets require landlord approval, but there are no specific terms concerning assistance animals. I haven't discussed this with my landlord yet, and I have possible upcoming needs for notifying them about an emotional support animal. What are my rights in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In Illinois, tenants have the right to have an emotional support animal (ESA) under the Fair Housing Act, even if the lease states that pets require approval. Emotional support animals are not considered pets under the law, and landlords cannot refuse them simply because they have a "no pets" policy. You will need to provide documentation from a healthcare provider that verifies the need for the animal, but the landlord cannot charge extra fees or refuse the animal based solely on the lease terms about pets.
Regarding landlord entry, Illinois law requires that landlords provide at least 24 hours' notice before entering your rental unit, unless it’s an emergency. They cannot enter without your consent unless it’s for repairs, inspections, or showing the unit, and they must follow the notice requirements in the lease or by law.
Before bringing in the emotional support animal, notify your landlord in writing, and include any necessary documentation from your healthcare provider. This will help ensure that you are in compliance with both the law and your lease agreement, while protecting your rights as a tenant. If you face any issues with your landlord after notifying them, you may want to seek legal advice to understand your options.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
