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Did my landlord violate municipal code ch. 5-12-050?
Anonymous3 views2 answers
At 11am CST my landlord was banging on my door. So loud, I was awoken from the back room with the door closed. In Chicago it is currently 3 degrees (12pm CST 1/8/2015). I work a night shift and I told my landlord know that it is not okay to schedule visits in the AM. I am usually sleep until after noon. Nevertheless my landlord and the maintenance man were at my door and asked why I had the window open, they then came into my unit and walked through my apartment while video recording. They never asked to come in and I never invited them in. My landlord asked "are you trying to freeze my pipes?", went into my bathroom and closed the window and then told me to call him and left. Is this an emergency according to the municipal code? Did he have to come in instead of asking me to do it myself?
In weather as cold as now (it is 1 degree outside where I am as I write this) a property owner is right to remain vigilant about windows and doors as cold damages can cost tens of thousands. I see this as an emergency right to enter to insure that the window be shut and locked to prevent property damage. 11 AM is a reasonable time too. Noon as well.
This could be construed as an emergency. Had you not been home there could have been very substantial property damage.
Though your lease may not have provisions specifically addressing having a window open in the winter, it may very well have provisions about damage or care of the property that may be broad enough to cover it. If you freeze the pipes, the damage can be in the tens of thousands, so why risk it? Moreover, I can't imagine why a window would need to be open in this weather.
