Lessor's and Tenants

Illinois Radon Awareness Act (420 ILCS 46) provides for the disclosure of radon information by the Lessor to potential Tenants or renewing Tenants. The Lessor must provide the following to tenants or prospective tenants in units below the third story:

1. At the time of a prospective tenant's application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period, upon request, the lessor shall provide the prospective tenant or tenant of a dwelling unit with the IEMA-OHS pamphlet entitled "Radon Guide for Tenants."
2. Copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant.
3. The document “Disclosure of Information on Radon Hazards to Tenants.”

At the commencement of the agreed leasing period, a tenant shall have 90 days to conduct his or her own radon test of the dwelling unit. If the tenant chooses to have a radon test performed, the tenant shall provide the lessor with copies of the results, including any records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the tenant's radon test provides a result in excess of the IEMA-OHS recommended Radon Action Level and the lessor has elected to not mitigated the radon hazard, the tenant may terminate the lease.

If the tenants radon test results indicate a radon hazard, the lessor may hire a radon contractor to perform an additional radon test within 30 days after the tenant notifies the lessor of the results of his or her radon test. The results of a measurement by a radon contract may be used by the lessor to disprove the presence of a radon hazard. Test results are valid for a period of 2 years after the date of the testing unless any renovations, additions, or modifications are made to the building containing the dwelling unit.