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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I rent a home in IL. What is the landlords responsibility

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I rent a home in IL. What is the landlord's responsibility to disclose that mold has been present in a home before, especially when conditions leading to mold growth had not been addressed? My daughter is now developing hives, and my suspicion is that it's mold related. Had I known mold ever existed in the home, I would not have moved my family in.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation! The laws on the matter deal more with the landlord being mandated to fix the issue rather than disclose it.

Do you wish to leave the premises and not be liable for the rent, or, demand that the landlord fix the issue at their cost but remain there?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


I wish to leave the premises and not be liable for rent

Expert:  Ely replied 1 year ago.
Thank you, R.

When a landlord rents to a tenant, the landlord typically has what is known as a warranty of habitability. This warranty states that the landlord shall keep the property in a reasonably safe condition for the tenant.

Unlike most states, Illinois does not have its warranty of habitability codified in statute, but relies on precedent. Warranty of habitability may be found in cases like Jack Spring v. Little, 50 Ill.2d 351, 280 N.E. 2d 208 (1972) and Glasoe v. Trinkle, 107 Ill.2d 1, 479 N.E.2d 915, 88 Ill Dec. 895 (1985).

Serious mold issues fall under this warranty,arguably. If the landlord refuses to fix the issue, the tenant may MOVE OUT and not be liable for rent after giving the landlord reasonable notice to fix the issue, and the landlord does not. Let me know if you need a sample of such a notice.

However, if the tenant moves out, they are expected to then quickly file a breach of the warranty claim in small claims against the landlord under the general warranty claim or Illinois Municipal Code, 65 ILCS 5/11-13-15 if the jurisdiction has adapted this statute, particularly if there is a deposit that the tenant wishes to get back (because the landlord can attempt to keep it).

So the tenant:

1) gives notice for landlord to fix the issue; and if they do not; the tenant may:
2) (a) move out and pursue in small claims for deposit, or (b) pursue in small claims for permission to move out prior to doing so.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.



Expert:  Ely replied 1 year ago.
Ryan,

I received a "blank" response from you. Can you please try again?
Customer: replied 1 year ago.

Yes, sorry. As of yet, no new mold has been found. I have used 3 test kits I purchased from Menards with results pending. Even if we knew of the leaky roof before occupying the home, is the landlord still liable to fix it. They gave no indication they would before we moved in.

Expert:  Ely replied 1 year ago.
Ryan,

Thank you.

Even if you knew of the leaky roof, the landlord is still liable to fix it unless you specifically waived this obligation of them in writing.

However, a simple leaky roof may not be enough to abandon the property, but may be enough to demand that he fix it AND if he does not, then to use rent money to fix it one's self. It is best to get the Court to weigh in on such a matter. If the leak is particularly heavy, then a move out may be authorized by the court as well.

As you can tell, it is fairly subjective.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

I understand the subjectivity. One of the leaks is upstairs where several buckets await the drips. We did not waive the obligation to fix the leaks. We were just told that if the leak goes to the first floor, to move the buckets. With the other leak on the first floor, we were told to replace the ceiling tile when it gets too saturated. My concern is that if this has occurred over time, the potential for mold growth is high. Both leaks are visible within minutes of rain...we've been fortunate to be in a drought as of late. So, next steps would be to 1) get the landlord to assess for mold and complete any cleanup, if necessary; 2) put a plan in place to prevent future mold growth? Again, I'm not entirely comfortable having lived there for nearly 3 months already not knowing mold had been present and knowing beforehand...that would've changed the situation entirely considering I would not be living there had I had that knowledge prior to signing the lease

Expert:  Ely replied 1 year ago.
Ryan,

A "potential" cannot be used as an action here. Only an actual condition of the premises.

So, next steps would be to 1) get the landlord to assess for mold and complete any cleanup

Right, via a demand letter, asking to SEAL the leaks as well.

if necessary; 2) put a plan in place to prevent future mold growth?

Yes.

If the landlord does not seal the leaks, you may seek relief from the court to move out without liability or to redirect rent towards any necessary payments to keep the property livable.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88194
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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