Illinois Renters’ Rights: What to Do About Mold in Your Rental

Mold in rental homes can threaten both your health and your comfort. In Illinois, renters have the right to expect safe, livable housing and landlords have a legal responsibility to address habitability issues—including serious mold problems. This article covers what rights you have, how to request repairs, and official steps to take if mold is making your rental unsafe.

Recognizing Mold Problems in Illinois Rentals

If you notice visible mold, musty smells, or signs of excess moisture (such as leaks or condensation), it’s important to take action quickly. While Illinois law does not specifically mention "mold" in its landlord-tenant statutes, habitability standards require landlords to maintain rentals free from conditions that threaten health or safety.

Illinois Landlord’s Responsibilities

• Keep rental premises in a "fit and habitable condition" according to the Illinois Residential Tenants’ Right to Repair Act and the Illinois Landlord and Tenant Act.
• Fix leaks, water damage, or defective plumbing that may contribute to mold.
• Address health hazards as required by local housing or building codes.

Some cities (like Chicago) have additional local codes that are even stricter. Always check with your city’s code enforcement office for local details.

How to Notify Your Landlord About Mold

If you discover mold in your home, you should notify your landlord in writing and keep a copy of your request. The official tool is a written "Repair Request" that documents what needs fixing and when you notified the landlord.

• Repair Request Letter: There is no standard Illinois state form, but renters should state the problem (such as mold in the bathroom), location, and date, and request a repair in writing. You can find a suggested format from the Illinois Legal Aid demand letter template.

If the landlord does not respond, you have additional steps you can take.

Options If Your Landlord Doesn’t Fix the Mold

When repairs are not made in a timely way, you may have the right to:

• File a complaint with your local code enforcement agency (city or county building department).
• Use the Illinois “Rent Withholding” or "Repair and Deduct" remedies if your city or lease allows (use carefully—legal advice is recommended).
• Request an inspection from your health department to document hazardous conditions.

Filing a Complaint with Illinois Officials

Most cities and counties have a housing code enforcement department where tenants can report serious mold or habitability problems. For example, in Chicago, you would contact the Department of Buildings to request an inspection or file a formal complaint.

• Complaint Form (No formal state-wide form): Use your city or county’s official "Housing Code Complaint" process. In Chicago, use the CH311 system.

How it’s used: Example: If you’ve notified the landlord by letter and the mold isn’t fixed, file a complaint with code enforcement and they may inspect. They can order the landlord to make repairs if a violation is found.

Legal Protections for Illinois Renters

• Illinois law protects tenants from retaliation for reporting unsafe conditions (765 ILCS 742).
• Tenants may have the right to end their lease or withhold rent in severe cases where essential repairs aren’t made—refer to your lease and Illinois Landlord and Tenant Act for specific details.

What Official Board Handles Tenant Complaints?

In Illinois, disputes about rental habitability or repairs are often handled in local county courts, not a single statewide housing tribunal. However, your city’s Code Enforcement Department or Department of Buildings manages complaints and inspections. Find your county clerk’s or city building office’s website for more details, such as the Chicago Department of Buildings.

The Illinois Department of Public Health can also provide information if health is at risk.

Checklist: What to Do If You Find Mold

• Document the problem: Take photos and note where and when you found mold.
• Notify your landlord in writing and keep a copy.
• Contact local code enforcement if no response.
• Follow up and keep records of each step.

FAQ: Illinois Mold Issues in Rentals

1. What should I do first if I find mold in my apartment? – Start by documenting the issue and sending a written request for repairs to your landlord. Keep copies for your records.
2. Is my landlord required to remove mold? – Yes, landlords must address habitability and safety problems, including dangerous mold, under Illinois law (even though “mold” itself isn’t named).
3. Can I withhold rent if the landlord doesn’t fix it? – Possibly, but only after following all legal requirements. Check your lease and consult local code enforcement or seek legal advice first.
4. Where can I file an official complaint? – File with your local building or code enforcement department. For example, Chicago renters can use CH311.
5. What Illinois law protects my rights as a renter? – The main state laws are the Illinois Residential Tenants’ Right to Repair Act and the Illinois Landlord and Tenant Act.

Need Help? Resources for Renters

• Illinois Attorney General: Landlord-Tenant Help
• Illinois Legal Aid: Repair Requests and Renter Rights
• Chicago Department of Buildings – Complaint investigations for Chicago residents
• Illinois Department of Public Health

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1. Illinois Residential Tenants’ Right to Repair Act (765 ILCS 742)
2. Illinois Landlord and Tenant Act (765 ILCS 705)
3. City of Chicago Department of Buildings
4. Illinois Department of Public Health

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