Huge issue with tenants

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Hi All, it is going to be a long post..

I have a house in Evanston (sub Chicago). It is rented to 6 students. I emailed them asking if they stay at the house when pandemic began. They did not respond. I have a clause in contract that they are suppose to notify me, they did not. A roof leak appeared and water damaged the semi basement (the roof was over the stairs that lead to it). The water was found on the floor of one of the bedrooms (3 bedrooms in the semibasement) and common hall.

Now the students asked me multiple times to make mold test. I was told by the company who does that the mold does not develop fast and we need to wait. I removed the leak the next day after the call from the tenants. I just received the letter that they are breaking the lease starting from September. Then they updated it saying that they are stop the payment until they have mold test. I ordered the test, but I am not sure why should I. Shouldn't it be them to order it? Anyhow I feel they will break it. My attorney said that I should just suck it up and list the property, in case the test turns positive. He says they can leave the property if it is unhealthy immediately.

I have multiple questions, the very first one: what a heck should I do? My second thought: should I actually disclose them the report if it is positive? would this play bad in court.

I am ready to repair and renovate whatever their finger touches, but they just want to use this to quite the lease.

[Patricia Steiner]

There's a lot going on here...first, if you don't hear back from tenants, there's a reason for it.  And, the reason was they weren't staying there. I don't know what clause you have but they do have the right to come and go - and even be gone for periods of time as long as they're paying the rent.  You also have to know the law in that state regarding mold claims and remedies available to tenants:

https://www.nolo.com/legal-encyclopedia/illinois-rules-regarding-mold-rental-properties.html

This has turned into a spitting contest for no good reason. If it were me, I would order the mold test of the areas affected by the leak - not the entire property.  It most likely will come back negative or can be easily treated/removed. That will remove cause for breaking the lease and/or withholding rent.

If they break the lease early, your remedies are defined by that state's laws:

https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-illinois.html#:~:text=So%20you%20may%20not%20have,mitigate%20damages%E2%80%9D%20in%20legal%20terms.

Bottom line: Know what you need to know about the Tenant/Landlord Laws in that state.  Once I looked it up/read it, it told me that the laws are more tenant friendly and that your remedies are limited if they break the lease.  Gotta know what you gotta know...