Emily Kubaitis is a Legal Content Intern with Illinois Legal Aid Online. 

The short answer is yes. Your landlord can restrict guests when it is written in the lease and reasonable to do so. The lease’s restrictions on guests should balance the tenant’s interest in the quiet enjoyment of their space and the landlord’s interest in maintaining peace and order within the building. 

This article will explain:

• What legal rights tenants have to guests in general,
• What restrictions public housing management may impose on guests,
• What restrictions private landlords may impose on guests, and 
• What legal actions a landlord may take if a tenant violates guest policy. 

What is the covenant of quiet enjoyment?

The covenant of quiet enjoyment is a legal phrase. It means tenants have the right to possess their unit without interference.

Examples of interference include: 

• Excessive noise, 
• The landlord coming in without proper notice, and 
• Not having essentials like hot water or electricity. 

These all violate the right to quiet enjoyment. Tenants have a legal right to use their apartment in a typical way. 

This covenant also gives you the right to exclude others from the premises. A tenant doesn’t have to allow the neighbors in to visit if they don’t want to. However, there are exceptions. For example, a tenant must let a firefighter into their apartment if there is a fire. Exceptions must be made for emergency situations. 

Having the right to exclude certain people from their apartment means tenants also have the right to include guests. However, landlords are allowed to create restrictions on guests so long as the restriction is reasonable. 

What is considered a reasonable restriction depends on the type of housing.

Public housing apartment

The law protects public housing tenants from excessive guest restrictions. For example, the Chicago Housing Authority (CHA) does not impose restrictions based on criminal history. However, it will impose restrictions on guests who threaten the health, safety, and peace of the premises. That includes guests involved in criminal activity cases. 

Examples of unreasonable guest restrictions on public housing residents: 

• A rule requiring residents to register and obtain prior permission for overnight visitors, 
• A rule forbidding a particular guest from visiting without a legitimate reason, and 
• A rule forbidding guests under a certain age. 

Some public housing authorities use a ban list to keep track of banned guests from the premises. In Illinois, the law is unclear whether it is legal to enforce one of these ban lists.

Note: The CHA does impose time limit restrictions on guests. Tenants may have guests over for up to 30 calendar days per year. Each visit can’t exceed two consecutive weeks. If a resident wishes to have a guest for an extended period, they must receive approval in writing. 

Review a CHA lease. 

Private housing apartment

Private landlords have more discretion to restrict guests than public housing management. Private landlords may restrict guests to visits of less than two weeks. They may also impose any guest restrictions agreed upon in the lease. 

Unlike in public housing, private landlords do have the legal authority to create rules such as: 

• A tenant must obtain written approval for guests, 
• A tenant may not have more than one overnight guest at a time, and 
• A tenant may not have an overnight guest more than twice in one week.

In Illinois, private landlords may bar disorderly guests from entering the building even upon invitation from a tenant. This rule is because other tenants in the building also have a right to quiet enjoyment. The landlord may then file criminal trespass charges against the guest if they visit after being banned. 

Learn more about guest policies and restrictions. 

What can a landlord do if a tenant has restricted guests in the unit?

If a landlord chooses to place restrictions on guests, it should be written in the lease agreement. They must be reasonable. If the tenant has restricted guests over, the landlord may proceed as they would when a tenant violates the lease. 

The landlord may ask the tenant to remove the guest from the apartment. In rare circumstances, the landlord might give an eviction case notice for the tenant’s lease violation. A landlord can’t immediately evict a tenant for a guest violation. If there is a guest violation, the tenant must first receive a 10-day notice to cure. This notice allows them to fix the problem within 10 days. If the tenant continues breaking guest policy, then the landlord may file an eviction case. 

Alternatively, the landlord may file criminal trespassing charges against the guest. 

For tenants facing eviction, please visit Get Legal Help for free or low-cost legal advice.