Common Conditions FAQ: What Can I Do if I Have Mold?

Are you living in Evanston and finding mold in your home? Don't worry; you're not alone, and you can take steps to address it! 

  1. Let Your Landlord Know: The tenant should tell the landlord about the mold issue. If the Evanston Residential Landlord and Tenant Ordinance (RLTO) applies, then the tenant can send a 14-day demand letter by email or mail. Keep a copy for your records. 
  2. Give Some Time: Your landlord needs time to fix the mold problem. If they don't act, things can escalate. 
  3. Seek City Inspection: If your landlord doesn't do anything about the roaches, you can call 311 or email propertymaintenance@cityofevanston.org. They might send someone to check the situation and tell your landlord to fix it.
  4. Assert Your Rights: If the mold problem is severe and your landlord doesn’t respond, you might be able to withhold some rent, terminate the lease, or pay for the repairs. A 14-day letter must be sent before withholding rent or repairing and deducting. A 30-day letter must be sent before terminating the lease. It’s important to follow the rules carefully, so don’t hesitate to talk to a lawyer before you try this.
  5. Understand Lease Terms: Check if your lease talks about leaving during repairs. Usually, landlords can ask tenants to leave temporarily if repairs are hazardous or contractors need space. Remember, landlords must give two days’ notice before entering for repairs. 
  6. Mold Testing: Testing is not a requirement, but you can test mold by buying a kit, hiring a professional, or reporting it to the Building and Inspection Services. If the landlord pays for testing before repairs, they might charge you, as long as it’s not for repairs. 
  7. Risk of Retaliation: If the landlord retaliates after you request repairs or file a complaint, you may have options. For more information, read this article.

Remember to keep good records. Write down when you told your landlord, their responses, and what you did. This can be helpful if things get more severe and you need to show that you tried to solve the problem. 

If the Evanston RLTO does not protect you, there are other options available. Click here to learn more. Don’t hesitate to understand your rights and take action for a healthier living space.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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