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Legally, you're not allowed to repair and deduct, withhold rent, or break your lease if you caused the mold problem. Make sure to promptly report spills and leaks to your landlord, and, if you do notice mold anywhere in your apartment, let your landlord know in writing before it becomes a more serious issue.
Illinois law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination.
Your lease must have been signed before you entered active duty and you must provide proof you will remain on active duty for at least 90 days. Your tenancy is legally terminated 30 days after the next date that rent is due once the notice is delivered or mailed, regardless of when your lease expires.
A tenant who needs repairs in their unit should first notify their landlord . The landlord then has a chance to make sure the repair is made. If the repair is required by law, or by the lease, the landlord has 14 days (or less, if it is an emergency) to repair.
Illinois landlord-tenant laws regarding mold are currently not present. There are no State or Federal laws or regulations requiring landlords to clean up the existence of mold in a rental property. Landlords do have the responsibility to keep a tenant's home safe and habitable.
In 2007, the Mold Remediation Registration Act was passed into law. This law requires that IDPH annually report to the General Assembly any federal research and regulations related to mold cleanup and standards for mold remediation training.
You can sue your landlord for mold in Illinois if you can prove that your landlord breached his or her duty to protect your health and safety and violated the rental agreement.