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Generally, a landlord cannot lock you out of a commercial property without following the legal eviction process. Doing so may result in legal repercussions, as tenants have rights under Illinois law. If a landlord attempts self-help measures, such as locking out a tenant, the tenant may file an Illinois Complaint Alleging Nonpayment of Rent on Commercial Lease to protect their rights. Open communication and legal guidance are essential to navigating these situations.
The CARES Act requires landlords to provide a 30-day notice to tenants prior to eviction. This Act covers properties supported by HUD, USDA, and Treasury (Low Income Housing Tax Credit), and properties with federally-backed mortgages (e.g., FHA, Fannie Mae, and Freddie Mac).
Quiet enjoyment is a covenant that promises that you will not do anything to interfere with a tenant's reasonable use and enjoyment of their leased premises, and that you will ensure that a tenant's use and enjoyment of the property will not be disturbed.
The CARES Act provides no direct relief for such tenants. Several executive orders issued by governors and mayors have purported to impose moratoria on evictions that would extend to commercial tenants.
So a tenant is likely to have to give between 3 and 4 months notice if rent is paid monthly, and 3 and 6 months notice if rent is paid quarterly.
Commercial tenants may have the protection of the Landlord and Tenant Act 1954. The Act grants Security of Tenure to tenants who occupy premises for business purposes. The tenancy will continue after the contractual termination date until it is ended in one of the ways specified by the Act.
Relief Program 2: Paycheck Protection Program (PPP)Landlords cannot qualify for a PPP to replace their lost rental income, since that does not qualify as payroll, but that doesn't mean they can't get a PPP.
The Illinois Department of Human Rights - Chicago: (312) 814-6200, TDD: (312) 263-1579; Springfield: (217) 785-5100, TDD: (217) 785-5125; Housing complaints: 1-800-662-3942. For more information, please contact us.
Anyone renting a building, whether for commercial or personal use, has the right to privacy. You are entitled to do anything on the property that you wish, so long as whatever you are doing is legal. The landlord cannot prevent you from operating your business nor from allowing guests or patrons on the property.