Your Illinois Landlord Has Responsibilities if There’s Mold

Here’s how Illinois law handles landlords, mold, and rental properties

If you’re living in a rental unit, you’re in good company. Take Chicago, for example: more than half of Chicago households are renter-occupied. In Illinois, generally, about 31% of residents rent their homes or live in apartments. 

As you look for a home to rent, you might be thinking about things like proximity to work or school, safety and crime rates in the neighborhood, noise, and other lifestyle considerations… as you should. 

But there’s a common risk in rental units that is a significant problem and could be hazardous to your health: mold. 

Mold in rental units is a problem that could pose serious health risks to tenants, involve costly repairs for landlords, and potentially lead to legal issues. If not addressed promptly, mold can cause respiratory issues and other health concerns.

How do you know if there’s mold in your Illinois rental unit?

Musty odor

Mold often has a distinct, earthy, musty smell. If you notice a persistent odor, especially in damp areas like basements, bathrooms, or near air vents, it could be a sign of hidden mold.

Visible growth

Mold can appear as black, green, white, or brown spots or patches on surfaces like walls, ceilings, floors, furniture, or around windows and pipes. Small clusters might be subtle, but they can quickly spread if left unaddressed.

Water damage or discoloration

Water stains, warping, or peeling paint on walls and ceilings can indicate moisture issues that encourage mold growth. Yellowish or brownish stains on walls, particularly in areas exposed to water, can also suggest hidden mold.

In short… if you have water problems or dampness, it’s probably wise to assume that if you don’t have mold now, it’s likely to grow soon. That’s why it’s important to try to dry out any damp areas in your home as quickly as possible.

Humidity and condensation

Mold thrives in moist environments, so if your home has high humidity (above 60%) or persistent condensation on windows, mold is more likely to grow. Bathrooms, kitchens, basements, and laundry rooms are particularly prone to mold because they tend to be damp or humid areas.

Allergy or respiratory symptoms

Symptoms such as coughing, sneezing, skin irritation, or watery eyes that worsen indoors can be triggered by mold spores. Those with allergies, asthma, or weakened immune systems are especially sensitive to mold exposure. Of course, if you experience any new or worsening symptoms of any kind, it’s important to visit your medical provider for an exam and diagnosis.

Past flooding or leaks

If your home has had a flood, roof leaks, or plumbing issues, check for mold in water-damaged areas. Mold can grow within 24-48 hours after water exposure, even if the visible water is gone.

Mold testing

If you suspect mold but cannot locate it, consider professional mold testing. Inspectors use moisture meters, air sampling, and infrared cameras to detect mold growth behind walls, under floors, and in air ducts.

You can also use a DIY mold detection kit. These typically involve collecting air or surface samples, which are sent to a lab for analysis. While not as accurate as professional testing, they can provide a general indication of mold presence.

What is an Illinois landlord’s responsibility for mold in a rental unit?

A landlord is responsible for managing mold in an Illinois rental unit, especially if it affects the residence’s habitability. However, there is no law that sets forth specific requirements for mold as opposed to any other safe living conditions.

Duty to maintain a habitable living environment

Illinois law requires landlords to provide a “safe and habitable” living space. Although Illinois doesn’t have specific statutes for mold, general housing codes imply that landlords must address conditions that could make a rental uninhabitable, which can include mold, especially if it results from water leaks or plumbing issues the landlord is responsible for.

Handle water leaks and moisture

A landlord must repair plumbing leaks, roof leaks, or other sources of moisture promptly, as these can contribute to mold growth. Failure to fix leaks or water issues that lead to mold could constitute negligence and could make the landlord liable for damages.

Responsiveness to tenant complaints

If a tenant reports visible mold or moisture, a landlord is required to take reasonable steps to address the issue. The landlord must also investigate, repair a leak, and remediate mold if it affects the unit’s habitability.

Mold remediation

While Illinois does not legally mandate landlords to perform mold remediation, if mold affects habitability and results from conditions the landlord controls (e.g., leaks or poor ventilation), they might be responsible for removing it. Minor mold growth due to tenant behaviors, however, might be the tenant’s responsibility to clean.

Disclosure requirements

Illinois law requires landlords to disclose known environmental hazards that could pose health risks. This might include mold, especially if it was previously found in the property. Though Illinois does not require disclosure for all mold issues, transparency about significant mold history can help avoid disputes.

Local ordinances

Some Illinois cities, like Chicago, might have additional tenant protection ordinances that require landlords to address health and safety issues, including mold, more fully. Checking local laws can provide further clarification on specific mold-related requirements.

Can an Illinois tenant sue their landlord for mold in a rental unit?

Illinois doesn’t have specific laws regarding a landlord’s responsibility for mold prevention or remediation. The Prairie State also does not have a statute that requires landlords to disclose high concentrations of mold in a rental unit. Federal laws do not have this requirement, either.

However, if you have been actually harmed by the presence of mold in your rental unit, you could try to file a lawsuit for your losses.

What should you do if you suspect mold in your Illinois apartment or rental property?

1. Notify the landlord immediately. Notice should be given in writing (email, written letter or text message is fine). The landlord has 14 days to respond. If they don’t respond within that time, you can pursue legal action.
2. Maintain documentation as evidence. Take photos of the mold-affected areas in your unit. You should also save receipts from any products you purchased to combat the mold problems, as well as your medical bill for related treatment and documentation of lost wages if a physical reaction to the mold caused you to take time off from work. You should also keep a file of any correspondence with the property management, including notes on oral conversations if you have them. Make a list of dates on which you spoke with management, and the nature of each interaction.
   
   If your doctor has diagnosed allergies or mold-related symptoms, this medical record is important evidence that the mold has caused you to become ill.
3. Take preventive measures. You should try to prevent mold growth by opening windows or using vents after taking showers, dry any damp items quickly, clean up any spills promptly, request repair of any plumbing leaks, and maintain good air circulation in the unit.

If your landlord refuses to (or is unable to) remediate a mold problem in your rental property, you can call an Illinois landlord-tenant attorney for guidance. If the mold has made you or someone in your family sick, you might be able to be compensated. Call a qualified lawyer today for legal guidance.