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  1. #1

    Default Moldy Apartment

    My question involves landlord-tenant law in the State of: Illinois

    I found an apartment on Craigslist that I was really interested in, mainly because rent was only $400 and it included ALL utilities. I emailed the landlord and she informed that not only did the water heater in that apartment break, and flood it, but the one above it broke and flooded it again. There was mold all along the bottom of the wall and in the bedroom. I told her that in order for me to move in that it needed to be fixed.

    Well after only a few months of living there I have come to the conclusion that they probably only painted over the mold. My mother complains that my clothes reek, I feel itchy every morning I wake up, and my allergies are kicking my butt. I am constantly clogged with frequent headaches and body aches. I can't keep bread in there for more than a couple days because they start to mold and my two wicker stools that just sit there are starting to grow mold on the tops of them. Can I get out of my lease early because I cannot go on like this. Also, if I can what actions should I take?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Moldy Apartment

    If the landlord indeed did not properly clean up the mold, she may be in violation of the implied warranty of habitability.

    Read this document in its entirety.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Moldy Apartment

    Do you have anything in writing about the promise to repair the mold, or what was meant by "repair"? Your landlord may have thought it enough to seal the mold behind new paint.

    Usually it would be pretty obvious if a more significant repair than a coat of paint were performed. If drywall were removed, there will often be a visible change in the appearance or texture of the replaced material (particularly in a $400/month apartment, where the repair would be done "on the cheap), and the trim would be replaced, or would likely show signs of having been removed and reattached.

    You should consider getting a mold testing kit to see what mold spores are present, and if there's any sign of toxic mold.

  4. #4

    Default Re: Moldy Apartment

    I am going through my emails but I am almost certain I have emails stating that the mold was an issue and it needed to be resolved before we move in. I have witnesses (my parents and my boyfriends) who saw the mold before and also made it clear to the landlord that if they didn't do something we would not move in. Also, I looked at the spots that the mold was at, they did not remove the drywall (I checked in on the place about every week) I think they just painted over it with textured paint. But you can tell that my apartment is two different shades of white.

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