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

Are you living in Chicago 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 Chicago 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 ignores the problem, you can call the Chicago Buildings Department through 311. They might inspect 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 asserting these rights. It’s essential to follow the rules carefully, so don’t hesitate to talk to a lawyer before you try this.
   1. If it’s an emergency and immediate threat to health and safety (like if it’s affecting a respiratory condition), mail a 24-hour demand letter for repairs. 
   2. If it’s not so urgent, deliver a 14-day demand letter for repairs before terminating the lease, withholding rent, or repairing it yourself. 
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 Department of Buildings. 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, then you may have options. For more info, visit 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 Chicago 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.