Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I recently applied for an apartment in Chicago. The apartment manager would not let me sign the lease until I allowed her employee to inspect my current residents for pests. The employee came over and went through my cabinets and in between my mattresses with his flashlight. Is this legal? She said it was part of the application process.’To get an authoritative answer, you would have to consult with a local landlord-tenant law attorney. This could be a private attorney, or one who works for a tenant’s rights organization.
Question: My first reaction is to say that I don’t know why it would be illegal-I’m not aware of any laws that explicitly forbid physically checking a tenant’s current residence. However, an argument could be made that, for example, this is an indirect way to break some other law, like the laws against racial or religious discrimination, because you’ll see a lot about a person by inspecting their home. Or, perhaps there are privacy laws in your state that would be violated.
