Mold Removal in Illinois: Who’s on the Hook—Tenant or Landlord?

Mold is more than just an unsightly nuisance—it can pose serious health risks if left unchecked. Mold removal in Illinois involves figuring out whether the tenant or landlord is responsible for mold removal, which often depends on the lease agreement and the specific circumstances.

PuroClean of Oak Park will help break down the legal responsibilities, steps to take when mold is discovered, and resources for resolving disputes to help you navigate the murky waters of mold remediation.

Mold Removal in Illinois: Understanding Lease Agreements and Responsibilities

The first step in determining who is responsible for mold removal in Illinois is reviewing the lease agreement. A well-drafted lease will often outline maintenance obligations for both parties. Here’s what you should look for:

• Tenant Responsibilities:
  Tenants are generally expected to maintain the rental unit in a clean and habitable condition. This includes promptly reporting issues like leaks or water damage that could lead to mold growth. If a tenant’s negligence, such as failing to ventilate a bathroom, causes mold, they may be held responsible for cleanup costs.

When moving into a new apartment, make sure you keep your home clean and report any problems immediately.

• Landlord Responsibilities:
  Landlords are typically responsible for providing a safe and habitable living environment, which includes addressing structural issues like plumbing leaks or poor ventilation. Mold caused by such factors usually falls under the landlord’s jurisdiction for remediation.

If the lease agreement is vague or silent about mold responsibilities, Illinois state laws and local regulations come into play.

Legal Obligations for Mold Remediation

While Illinois doesn’t have specific mold-related laws, landlords are required to meet general standards of habitability under state law. This includes addressing conditions that could make the rental unit unsafe, such as mold caused by structural problems.

The Illinois Landlord and Tenant Act mandates that landlords maintain the property to ensure it is fit for living. Failure to do so may allow tenants to:

1. Withhold rent until the issue is fixed.
2. Pay for mold remediation themselves and deduct the cost from the rent.
3. Break the lease without penalty if the property is deemed uninhabitable.

Tenants, however, must prove that the mold issue wasn’t caused by their actions. Keeping records of complaints and repair requests is essential for both parties to protect their interests. Visit the Illinois General Assembly for more information on landlord and tenant rules regarding mold.

Steps to Take When Mold is Discovered

If you discover mold in your rental property, follow these steps to address the issue promptly and responsibly:

1. Document the Problem:
   Take photos or videos of the mold and any related issues, such as leaks or water damage. These records will be helpful for discussions with your landlord or tenant.

Take photo and video evidence of any mold or water damage to support your claims. 

2. Notify the Landlord or Property Manager:
   Tenants should report mold issues in writing as soon as they notice them. Be specific about the location and extent of the problem. Landlords should respond promptly to investigate the issue.
3. Identify the Source:
   Determine whether the mold is caused by a tenant-related issue (e.g., poor ventilation) or a structural problem (e.g., roof leaks). This will help clarify who is responsible for remediation.
4. Arrange for Inspection:
   In some cases, landlords may need to hire a professional to assess the mold problem. This is especially important if the mold is extensive or linked to health concerns.
5. Remediate the Mold:
   Depending on the extent of the mold and the cause, either the landlord or the tenant will need to arrange for remediation. Small areas of mold can often be cleaned with household products, while larger infestations may require professional services.

Resources for Resolving Disputes Over Mold Cleanup

Mold-related disputes between tenants and landlords can be stressful, but several resources are available to help resolve them:

• Local Housing Authorities:
  Contact your local housing authority if you believe your landlord isn’t meeting their legal obligations. They can provide guidance and, in some cases, conduct inspections.
• Small Claims Court:
  If disputes over mold remediation costs escalate, either party can take the matter to small claims court. Be sure to bring thorough documentation of the issue and communication efforts.
• Mediation Services:
  Consider mediation as a less adversarial option. This process allows tenants and landlords to work out a solution with the help of a neutral third party.

Prevention is Key

Whether you’re a tenant or a landlord, preventing mold is always better than dealing with its aftermath. Here are some tips:

• For Tenants:
  • Keep humidity levels in check with a dehumidifier.
  • Report leaks or water issues immediately.
  • Use exhaust fans in bathrooms and kitchens.

Exhaust fans and dehumidifiers can minimize the humidity in target areas, such as a bathroom.

• For Landlords:
  • Address structural repairs promptly.
  • Ensure proper ventilation in the property.
  • Regular inspections should be performed to catch potential issues early.

Mold removal in Illinois can be a contentious issue, but understanding the responsibilities laid out in lease agreements and state laws can make the process smoother. Open communication, prompt action, and thorough documentation are key to resolving disputes. Whether you’re a tenant or a landlord, knowing your rights and responsibilities will help protect your health, finances, and property.

Call PuroClean of Oak Park for Expert Mold Removal in Illinois Today!

Don’t let mold take over your property—call the experts at PuroClean of Oak Park! Our team specializes in professional mold remediation to restore your home or business to a safe, healthy environment. With fast response times and top-notch service, we’re here to handle your mold problems with care and efficiency. Call us today at (708) 665-6800 to schedule an inspection and take the first step toward a mold-free space!