Illinois Compiled Statutes 420 ILCS 46/26 – Disclosure of radon hazard to current and prospective tenants
(1) the Illinois Emergency Management Agency pamphlet
entitled “Radon Guide for Tenants” or an equivalent pamphlet approved for use by the Illinois Emergency Management Agency;
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radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, as provided in subsection (c); and
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Tenants form, as set forth in subsection (f).
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Terms Used In Illinois Compiled Statutes 420 ILCS 46/26
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) Nothing in this subsection is intended to or
shall be construed to imply that a tenant is not permitted to conduct a radon test of unit following the completion of the 90-day period. Following the 90-day period the tenant may conduct further radon testing if he or she elects to; however, upon a result of a radon hazard, he or she does not have a right to terminate the lease under this Section.
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shall be construed to imply that a tenant waives any other right to terminate the lease if he or she conducts a radon test after the completion of the 90-day period under any other applicable State or federal law.
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(d) Nothing in this Section is intended to or shall be construed to imply an obligation of a lessor or tenant to conduct any radon testing activity or perform any radon mitigation activity.
(e) If a lessor fails to provide the prospective tenant or tenant with the documents as required in subsection (a), then, at any point during the term of the lease the tenant may elect to have a radon test conducted under this Section. If the radon test shows the existence of a radon hazard, the tenant shall provide the lessor with copies of the results of the test, including records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the lessor disputes the results of the radon test performed by the tenant, the lessor may elect, at the lessor’s expense, to hire a radon contractor to perform a radon test within 30 days of the tenant notifying the lessor of the results of the tenant’s 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 testing unless any renovation, addition, or substantial modifications are made to the building containing the dwelling unit. If the lessor declines to dispute the results of the tenant’s radon test showing a radon hazard or does not mitigate the hazard, the tenant may, within 60 days:
(1) hire, at the tenant’s expense, a radon contractor
to perform radon mitigation activities. If the tenant chooses to conduct mitigation activities, the mitigation activities shall only be done with express consent of the lessor; or
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(f) The following Disclosure of Information on Radon Hazards to Tenants shall be provided to each tenant of a dwelling unit:
Radon Warning Statement
Each tenant in this residence or dwelling unit is notified that the property may present exposure to levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class-A human carcinogen, is the leading cause of death in private homes and the leading cause of lung cancer in nonsmokers. The lessor of any residence is required to provide each tenant with any information on radon test results of the dwelling unit that present a radon hazard to the tenant.
The Illinois Emergency Management Agency (IEMA) strongly recommends that ALL rental properties have a radon test performed and radon hazards mitigated if elevated levels are found in a dwelling unit or a routinely occupied area of a multiple family residence. Elevated radon concentrations can easily be reduced by a radon contractor.
Dwelling Unit Address: ………………………..
Lessor’s Disclosure (initial each of the following that apply)
…. Lessor has no knowledge of elevated radon concentrations (or records or reports pertaining to elevated radon concentrations) in the dwelling unit.
…. Radon concentrations (at or above the IEMA recommended Radon Action Level 4.0 pCi/L) are known to be present within the dwelling unit.
…. Lessor has provided the tenant with copies of all available records and reports, if any, pertaining to radon concentrations within the dwelling unit.
Tenant’s Acknowledgment (initial each of the following that apply)
…. Tenant has received copies of all information listed above.
…. Tenant has received the pamphlet “Radon Guide for Tenants”.
Certification of Accuracy
The following parties have reviewed the information above and each party certifies, to the best of his or her knowledge, that the information he or she provided is true and accurate.
Lessor ……………………….. Date …………
Tenant ……………………….. Date …………”
(g) This Section applies to leases entered into on or after the effective date of this amendatory Act of the 103rd General Assembly.