What do I do if I know for sure I have mold in the apartment?

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What do I do if I know for sure I have mold in the apartment?

I just sent samples to a mold lad and most of the results are abundant. It’s already been a week and a half since anything has been done.

Asked on June 14, 2011 under Real Estate Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In every lease there is an implied warranty of habitability, which means that the landlord must maintain the premises in a habitable condition by complying with local and state housing codes.  The mold would constitute a health and safety issue and therefore a breach of the implied warranty of habitability.

When there is a breach of the implied warranty of habitability, if the landlord has been notified and has not remedied the problem within a reasonable time, the tenant can make the repairs and deduct the cost from the rent or move out and terminate the obligation to pay rent for the balance of the term of the lease or if you decide to stay on the premises, withhold rent and defend agaisnt eviction.


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