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Overview
Illinois does not have specific statewide mold legislation for landlord-tenant relationships. However, tenants are protected by the implied warranty of habitability established through case law, which requires landlords to maintain rental properties in a safe, sanitary, and livable condition. Mold infestations that affect habitability or cause health risks may constitute a violation of this warranty. Additionally, Illinois has the Residential Tenants' Right to Repair Act (765 ILCS 742), which provides tenants with repair and deduct remedies. Local ordinances in Chicago, Cook County, and Evanston provide additional tenant protections. Effective January 1, 2025, the Illinois Mold Remediation Registration Act (SB 1087) requires all mold remediation professionals to be registered with the Illinois Department of Public Health and hold IICRC or NORMI certification. [Nolo - Illinois Rules Regarding Mold in Rental Properties]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to a rental unit that is safe, sanitary, and fit for human habitation. When a rental unit is unsafe or unsanitary, the implied warranty of habitability has been breached. Neither tenants nor landlords can waive this right, and any lease clause that attempts to do so is unenforceable.
Right to Request Repairs
Tenants have the right to request repairs for any maintenance issues, including mold. Tenants must notify landlords in writing about mold or water damage issues. Written notice should be provided via email, certified mail, or another method that provides proof of delivery and should clearly describe the mold problem, its location, and any health or safety concerns.
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must maintain rental properties in a safe, sanitary, and livable condition under the implied warranty of habitability. This includes addressing conditions that could make the rental unit unsafe, such as mold caused by structural problems, leaks, or poor ventilation.
Respond to Mold Reports
When tenants report visible mold or moisture, landlords are required to take reasonable steps to address the issue. This includes investigating the source of moisture, repairing leaks, and remediating mold if it affects the unit's habitability. While Illinois does not legally mandate mold remediation, landlords may be responsible for removing mold if it results from conditions they control.
Remedies Available to Tenants
Rent Withholding
Available: Rent withholding is not explicitly authorized by Illinois state statute, but courts have allowed it as a defense in eviction proceedings where the landlord has breached the implied warranty of habitability. Tenants should exercise caution and consult an attorney before withholding rent, as it can lead to eviction proceedings.
Repair and Deduct
Available: Under the Residential Tenants' Right to Repair Act (765 ILCS 742), tenants may repair and deduct if: (1) the repair cost does not exceed $500 or one-half of the monthly rent (whichever is greater); (2) written notice is sent via certified or registered mail; (3) the tenant states their intention to repair and deduct; (4) the landlord fails to repair within 14 days (or promptly in emergencies); and (5) the tenant provides a paid bill from an unrelated tradesman. This remedy does not apply if the tenant caused the condition.
[Illinois General Assembly - 765 ILCS 742 Residential Tenants' Right to Repair Act]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Illinois
Understanding Illinois's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Illinois's Humid Continental Climate
Illinois has a humid continental climate with hot, humid summers and cold winters. The state receives 35-50 inches of precipitation annually. Summer humidity frequently exceeds 70%, particularly in Chicago and southern Illinois. The combination of seasonal moisture, frequent rain, and temperature extremes creates favorable conditions for mold growth, especially in basements and older buildings.
Midwest Humidity and Basement Challenges
Illinois faces significant mold challenges due to its humidity and the prevalence of basements in housing. The Midwest has elevated rates of basement moisture problems compared to other regions. Chicago's older housing stock, many with basements and original plumbing, is particularly vulnerable. Studies indicate that approximately 30-40% of Midwest homes show signs of dampness or mold.
Chicago RLTO Protections
Chicago tenants have enhanced protections under the Chicago Residential Landlord and Tenant Ordinance (RLTO), which provides stronger remedies than state law. The RLTO requires landlords to maintain habitable conditions and provides tenants with repair and deduct remedies, rent withholding rights, and lease termination options for serious habitability violations including mold.
Flooding and Drainage Issues
Illinois experiences significant flooding from rivers, heavy rainfall, and drainage problems. Chicago's combined sewer system can cause basement flooding during heavy rains. Flash floods and river flooding affect communities statewide. These water events lead to extensive mold damage if not promptly addressed.
Common Mold Types in Illinois
Illinois has hot, humid summers with humidity frequently exceeding 70%. Chicago's combined sewer system can cause basement flooding during heavy rains. The state has extensive older housing stock with basements prone to moisture issues. Southern Illinois near the Ohio and Mississippi Rivers experiences additional flooding risks.
Stachybotrys chartarum
Black mold found in chronically water-damaged buildings, particularly in Chicago's older housing with persistent basement flooding.
Aspergillus
Common throughout Illinois, found in HVAC systems and water-damaged materials. Thrives in humid summer conditions.
Cladosporium
Prevalent in Illinois homes, especially in basements and bathrooms. Common in Chicago's older apartment buildings.
Penicillium
Frequently found in water-damaged materials and older building wallpaper and insulation throughout Illinois.
Alternaria
Outdoor mold common in Illinois that enters buildings; particularly prevalent during warm, humid summer months.
Mold Professional Requirements in Illinois
Registration Also Required for Assessment
The Mold Remediation Registration Act applies to mold remediation work in residential, public, and commercial buildings. Home builders and remodelers performing work on residential structures of 4 or fewer units under written warranty are exempt.
State Registration Required (Effective January 1, 2025)
Under the Illinois Mold Remediation Registration Act (SB 1087), effective January 1, 2025, all mold remediation professionals must be registered with the Illinois Department of Public Health (IDPH). Registration requires third-party certification from IICRC (Mold Remediation Specialist) or NORMI (Certified Mold Remediator), proof of financial responsibility (insurance), and a $200 non-refundable application fee. Registration is valid for 2 years and must be renewed with proof of continued certification. Contractors must display their unique IDPH identification number on business materials and can be verified via the IDPH online database. Penalties for operating without registration can reach $5,000 per violation.
Certifying Body: Illinois Department of Public Health
Source: Illinois Department of Public Health - Mold Remediation Registration
Regulatory Agency
Illinois Department of Public Health
Visit Website → | Phone: 217-782-4977
Mold Legislation in Illinois
Enacted laws, pending bills, and historical legislation related to mold in Illinois.
Enacted Laws
SB 1087: Mold Remediation Registration Act
Requires all mold remediators in Illinois to obtain third-party certification from IICRC, NORMI, or ACAC and register with the Illinois Department of Public Health. IDPH must run a public awareness campaign and report annually to the legislature. Exempts home builders and remodelers working on 4-or-fewer-unit structures under warranty.
Impact: Illinois joins the growing list of states requiring mandatory mold professional certification, improving consumer protection and remediation quality standards.
Expired, Vetoed, and Superseded
410 ILCS 105: Mold Remediation Registration Act (Original)
Status: Enacted in 2007, superseded by SB 1087 in 2024
Established the framework for mold remediation registration in Illinois. Authorized IDPH to adopt rules for mold remediation service providers to register with the state and provide evidence of financial responsibility. Required IDPH to report annually to the General Assembly on federal mold research and regulations. While the law was on the books, it lacked mandatory certification requirements and enforcement was limited.
Significance: Laid the groundwork for Illinois mold regulation but had minimal practical effect until strengthened by SB 1087 in 2024.
Implied Warranty of Habitability
Illinois courts have established an implied warranty of habitability that requires landlords to maintain rental properties in a safe, sanitary, and fit condition for human habitation. This warranty is automatically included in every residential lease agreement in Illinois, whether written or oral, and cannot be waived by lease provisions. The implied warranty was reinforced in the landmark case Jack Spring, Inc. v. Little, which held that landlords must maintain habitable conditions regardless of lease terms. Violations may entitle tenants to remedies such as rent abatement or lease termination. [Illinois State Bar Association - Guide to Landlord-Tenant Law]
Mold Disclosure Requirements
Notable Mold Court Cases in Illinois
These cases have shaped mold litigation and tenant rights in Illinois. Understanding legal precedents can help inform your own situation.
Jack Spring, Inc. v. Little (1972)
Summary: Landmark Illinois Supreme Court case establishing the implied warranty of habitability in residential leases, overturning the common law doctrine of caveat emptor for residential rentals.
Outcome: The court held that landlords have an implied duty to maintain leased premises in a habitable condition regardless of lease terms.
Significance: This case established the foundation for tenant habitability rights in Illinois, which now protects tenants facing mold and moisture issues.
Local Regulations
Some cities in Illinois have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Illinois mold law details.
Chicago, IL
Local mold risks, prevention priorities, and next steps for Chicago.
Aurora, IL
Local mold risks, prevention priorities, and next steps for Aurora.
Naperville, IL
Local mold risks, prevention priorities, and next steps for Naperville.
Joliet, IL
Local mold risks, prevention priorities, and next steps for Joliet.
Rockford, IL
Local mold risks, prevention priorities, and next steps for Rockford.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Illinois.
Illinois Housing Development Authority (IHDA) Programs
IHDA offers various housing rehabilitation programs that may cover mold remediation as part of home repairs for qualifying homeowners.
Eligibility: Income-qualified Illinois homeowners
Coverage: Varies by program - may include mold remediation as part of housing rehabilitation
Phone: 312-836-5200Learn More →
Chicago Community Development Block Grant Program
City of Chicago program providing housing assistance that may include mold remediation for qualifying low-income homeowners.
Eligibility: Low-income Chicago homeowners
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural Illinois homeowners for home repairs including mold remediation.
Eligibility: Very low-income homeowners in eligible rural Illinois areas
Coverage: Loans up to $40,000; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Illinois have specific mold laws for rental properties?
Illinois does not have specific statewide mold legislation for landlord-tenant relationships. However, tenants are protected by the implied warranty of habitability, which requires landlords to maintain rental properties in a safe, sanitary, and livable condition. Mold that affects habitability may constitute a violation of this warranty. Additionally, effective January 1, 2025, the Mold Remediation Registration Act (SB 1087) requires all mold remediation professionals to be registered with the Illinois Department of Public Health.
What should I do if I discover mold in my Illinois rental?
First, document the mold with photos and note when you first discovered it and any water damage. Then notify your landlord in writing (via certified mail, email, or another method that provides proof of delivery) describing the mold problem, its location, and any health concerns. Keep copies of all correspondence. The landlord should respond and address the issue within a reasonable timeframe.
Can I withhold rent if my landlord won't fix a mold problem in Illinois?
Illinois does not have a statewide statute explicitly authorizing rent withholding. However, courts have allowed it as a defense in eviction proceedings when the landlord has breached the implied warranty of habitability. In Chicago, the RLTO explicitly allows rent withholding for material noncompliance. Consult an attorney before withholding rent, as it carries risk of eviction proceedings.
Official Resources
These official resources can help you understand your rights and take action: