⚡️Overview
Illinois Landlords must change or re-key locks after a Tenant moves out unless:
Lease terms. The written lease gives the Tenant a right to change or re-key the locks;
Four units or less. The unit is in an apartment building with 4 units or less when one of the units is occupied by the owner;
Owner occupied. The units is a room in a private home that is owner-occupied; or
Population 3,000,000 or less. If the unit is in a county with a population of 3,000,000 or less.
✍️ Complaint for Eviction
Once the proper notice has been served on the Tenant, you can then you can file an Eviction action ("Complaint"). There is no specific language required in an Eviction complaint, but it must claim that you are entitled to possession of the property and that the Tenant won't get out. It should also include the Affidavit of Service.
Summons
The summons notifies the Tenant of an Eviction complaint. When completing the Summons, it's important to write "Unknown Occupants" as a defendant. This will ensure that the Sheriff will remove all persons at the property, not just those listed as a Defendant. The summons must be accurately completed and filed with the court.
🔐 Why you should change locks or let Tenants
Even if an exception applies, changing locks after a Tenant moves out it a good idea (or giving the Tenant the ability to change in the lease). If the Tenant has the option, then you're avoiding a lot of liability and risk. If you give the Tenant an option to change the locks, make sure you get a copy of the keys. This term must be in your lease ( better yet, use ours).
🔑 What if I don't change the locks?
If you were required to change the locks - or failed to give the Tenant a right to change the locks - and a theft occurs at the unit, you may be liable for damages caused to the Tenant.
❓FAQs
Who pays to change the locks? You can charge a fee for the expense of changing the locks. If you do, make sure the amount does not exceed the reasonable price customarily charged for changing locks.
📄 Forms
📜 Relevant Illinois Laws
Landlord & Tenant Act - 765 ILCS 705/15
💬 Need Help?
Reach out to Member Support
📞 (888) 885 - 7280
⚖️ Disclaimer - This article is for general informational purposes only and should not be considered legal advice or a legal opinion on any specific case or situation. It does not create an attorney-client relationship. We make no guarantees as to accuracy, completeness, or changes in the law. Any actions you take based on this information are at your own risk. The choice of a lawyer is an important decision and should not be based solely on advertisements. Your use of this website constitutes acceptance to the Terms of Use and Privacy Policy.