Illinois Rental Air Quality and Ventilation Rights

As a renter in Illinois, the quality of the air you breathe and how well your rental home is ventilated directly impacts your safety, health, and comfort. State laws and local ordinances require landlords to maintain safe, livable conditions, including addressing issues that affect indoor air quality and proper ventilation systems. Understanding your rights and the steps to take if your rental does not meet these standards can help protect your well-being and legal interests.

What Are the Legal Standards for Air Quality and Ventilation in Illinois Rentals?

Illinois state law—specifically through the Illinois Residential Tenants' Right to Repair Act—requires landlords to keep rental properties in habitable, safe conditions. Local city or county housing codes often expand on these requirements, typically mandating:

• Windows or approved mechanical ventilation in all living spaces
• Functional bathroom and kitchen exhaust fans or openable windows
• No presence of mold, excess moisture, or hazardous fumes from gas appliances

For example, the City of Chicago's Municipal Building Code requires landlords to provide operable windows or mechanical ventilation in all habitable rooms. Building codes in other Illinois cities and counties are often similar.

Common Air Quality Hazards to Watch For

• Mold or mildew: Usually a result of leaks or poor ventilation
• Excess humidity: Can lead to respiratory issues
• Poorly functioning exhaust fans: Allows buildup of steam and cooking fumes
• Gas leaks or carbon monoxide: Always hazardous and require immediate action

Landlords are required to promptly repair ventilation issues and eliminate health hazards as part of their duty to provide a "fit and habitable" rental unit, as specified by the Illinois Residential Tenants' Right to Repair Act.¹

What to Do If Your Rental Has Ventilation or Air Quality Problems

If you're experiencing poor indoor air quality, take these steps:

• Document the problem: Take photos/videos of mold, leaks, broken fans, or blocked vents. Keep a written log of the issue and when it was discovered.
• Notify your landlord in writing: Illinois law suggests requests be made in writing for repair timelines to be enforceable. Keep a copy for your records.
• Allow reasonable time for repairs: Illinois law generally provides landlords 14 days to address non-emergency repairs affecting health and safety.
• If no action is taken: Consider filing a complaint with local building or health authorities, or—if needed—using official forms to assert your rights (see below).

Always keep records of all communications and repair requests for your protection.

Key Official Forms for Illinois Renters

• Notice to Landlord to Make Repairs (No specific state form number).
  When to use: If your landlord fails to fix issues like mold or broken ventilation, provide this written notice (template found via many local housing agencies). This notice formally begins the 14-day repair period required by the Illinois Residential Tenants' Right to Repair Act.
  How to use: State the problem, the date you noticed it, and your request for prompt repair. Sample template and resources are available from the Illinois State Bar Association.
• Complaint to Local Code Enforcement (Varies by municipality).
  When to use: If the landlord won't act after written notice, file a complaint with your local building or health department. For example, in Chicago, renters use the Online Building Complaint Form.
  How to use: Specify the type of hazard, upload photos, and provide your address.

Many cities also have tenant hotlines or online reporting portals. Check your municipality's housing department for specific forms and procedures.

Which Tribunal Handles Rental Disputes in Illinois?

Rental maintenance and habitability issues are often handled by local circuit courts if unresolved after code enforcement intervention. For Chicago renters, the Cook County Circuit Court Small Claims and Chancery Divisions hear landlord-tenant habitability cases. Elsewhere in Illinois, check your county's Circuit Court for procedures.

FAQ: Illinois Air Quality and Ventilation in Rentals

1. What should I do if I suspect mold in my apartment?
   Document the mold, notify your landlord in writing, and if not promptly resolved, contact your local health or building department.
2. How long does my landlord have to fix air quality or ventilation issues?
   Illinois law generally gives landlords 14 days after written notice to make non-emergency repairs that affect health and safety.
3. Can I withhold rent or repair the problem myself?
   Illinois allows tenants (in certain situations) to make repairs and deduct reasonable costs from rent, but only after following formal written notice and procedures outlined in the Right to Repair Act.¹
4. Where do I report my landlord if they ignore ventilation issues?
   Contact your municipality's housing or building code enforcement department. If the situation remains unresolved, you may be able to take legal action in your local circuit court.
5. Are landlords required to provide air conditioning?
   Illinois law does not generally require air conditioning, but proper ventilation, heat, and hot water are mandatory.

Summary and Key Takeaways

• Illinois law requires landlords to maintain safe air quality and proper ventilation in rentals.
• Always notify your landlord in writing and allow reasonable time for repairs.
• Use official forms and contact local authorities if repairs are not made.
• Circuit Courts (and local agencies) handle disputes about habitability.

Staying informed about your rights and knowing the proper steps can help you address air quality and ventilation problems efficiently.

Need Help? Resources for Renters

• Illinois Attorney General: Tenant Rights Resources
• Illinois State Bar Association – Tenant Guides
• Chicago Building Complaint Online Portal
• Cook County Circuit Court Landlord-Tenant Help Desk
• Illinois Circuit Courts Directory

---

1. Illinois Residential Tenants' Right to Repair Act (765 ILCS 742)
2. Chicago Municipal Building Code
3. Illinois Attorney General: Tenant Rights

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations