Nobody wants to live with mold, as its presence in your home can have serious health implications. Unfortunately, tenants cannot always control exposure to mold. Many apartment tenants with mold problems often feel trapped. However, tenants can take steps to protect themselves from the physical and financial burdens mold brings.

Signs of Mold

Look for signs of mold growth, such as a persistent smell of mildew or an earthy/musty odor, water damage like stains or bulging drywall, and visible mold. Mold commonly grows under-sink cabinets, behind appliances and large furniture, in closets, and near ventilation shafts and windows. Exposure to mold can produce physical symptoms of a stuffy nose, watery eyes, coughing, and respiratory problems, affecting children and the elderly the most.

Is my Landlord Responsible for Mold in my Apartment?

Landlord responsibility for mold depends on the state and certain conditions. In Illinois, the law does not specifically mention mold prevention and remediation, but landlords must still uphold the “implied warranty of habitability,” regardless of tenant agreements.

What is the Implied Warranty of Habitability?

The implied warranty of habitability requires landlords to provide tenants with livable conditions. While it does not explicitly mention mold, it implies that landlords must address mold issues and tenant’s exposure to mold. Landlord negligence violates tenants’ rights to a safe, mold-free living environment.

When is my Landlord Not Responsible for Mold in my Apartment?

Landlords are not responsible for mold growth caused by tenant negligence. Tenants must clean up spills on carpets, maintain good air circulation, and prevent excess water from accumulating in the home. If mold results from landlord negligence, such as refusing to fix leaking roofs, landlords may be liable. When landlord negligence leads to tenant exposure to mold, tenants may be entitled to compensation.

While some cases are straightforward, many are complex and require an experienced attorney’s expertise. At Gianaris Trial Lawyers, we commit to ensuring you know your rights and fighting for compensation if your landlord’s negligence has injured you. If you or a loved one has been injured and believe your landlord may be at fault, please contact us today for a free consultation.