Everyone deserves a safe place to call home. 33.3% of Illinois residents (approximately 4,179,046 Illinoisans) live in a home or building that they don’t own. If you are a landlord, property manager, tenant, or are looking to rent a home or apartment in Illinois, here’s what you need to know about the Illinois Tenants Radon Protection Act and its impact on your lease agreement(s).
While there are many benefits of renting, such as not being responsible for big ticket items that come with home maintenance, you also have less control over elements that can impact the health and safety of the indoor environment where you live.
The Illinois Tenants Radon Protection Act passed the house and senate in May 2023 and was signed by Governor Pritzker on July 28, 2023 to encourage more communication between landlords and tenants regarding the safety of their indoor air against radioactive radon gas – the leading cause of lung cancer among non-smokers.
What is the Illinois Radon Awareness Act?
The Illinois Radon Awareness Act went into effect on January 1, 2008 and requires all sellers or property owners in a residential property transaction in Illinois to disclose any information on the history of radon in the home.
This act protects home buyers by informing them of the dangers of radon in the home they are looking to purchase and provides them with an opportunity to reduce elevated levels before purchasing or occupying the home to avoid exposure to the radioactive gas. The Illinois Tenants Radon Protection Act is an addition to the Illinois Radon Awareness Act with the same goal: to protect Illinoisans from exposure to dangerous levels of radon gas where they live.
While this act may require additional steps in the property transaction, it doesn’t have to delay or deter your signing! When tested and mitigated properly, radon levels can be reduced in homes or buildings where radon is found. Indoor air in homes or buildings with radon can quickly be restored to safe levels and can be kept in check with routine testing every two years after mitigation.
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Is radon testing and mitigation required by law in Illinois?
No. The law does not require radon testing and/or mitigation be completed at any point during the process of executing a residential rental or real estate contract or during the tenancy and at no point requires the property owner or tenant to install a mitigation system or pay for testing at the property.
It is highly recommended that radon testing be conducted every two years as levels can change and fluctuate with geological, environmental, and seasonal changes or changes to the structure of the home or building. Even if testing has been done before, the EPA recommends testing again every two years regardless of if you have a mitigation system installed or not.
Is radon disclosure required in Illinois for rental properties?
Yes. The Illinois Tenant Radon Protection Act (House Bill 2217) went into effect on January 1, 2024 and requires:
- Disclosure statement provided to the tenant
- Most current awareness pamphlet from the state provided to the tenant (this one and this one)
- Tenant can conduct a radon test
- Results of the test provided to landlord within 10 days
- Landlord can verify test with additional testing
- Landlord has 60 days to choose to mitigate or not
- Tenant can exit lease agreement if elevated radon levels are not mitigated without penalty
The Illinois Tenant Radon Protection Act applies to any rental agreement whether for a single-family home, duplexes, quadplexes, or large multifamily properties.
A Note to Tenants...
Tenants, be sure the air you breathe where you live is safe from radioactive radon gas. Preventing your exposure could save your life. Radon causes nearly 1,500 lung cancer cases every year in Illinois alone, according to the Indoor Environments Association (formerly AARST) Illinois Radon Report Card.
If you are worried about elevated radon levels in your rental home, apartment, or unit, there’s no need to panic.
- Educate yourself about the dangers of radon
- You have the right to test the space you occupy
- Provide the results to your landlord within 10 days
- If levels are elevated, your landlord may agree to mitigate, however, it is not required
- If they choose not to mitigate within 60 days, you have the right to exit the agreement without penalty
- Professionally installed radon mitigation systems and routine testing (every 2 years) is a safe and effective way to reduce the radon levels in your home or unit and limit your exposure
Radon can be managed and kept in check to ensure your indoor environment is safe. Talk with your landlord and take advantage of your right to healthy and safe air in your home.
A Note to Landlords...
Landlords and property managers, there are a lot of expenses and things to cross off your list when it comes to creating a safe place for your occupants. And there are a lot of things that you could be liable for. If there’s one thing worth your time and attention, it’s the threat of radon gas in your building(s) and how it could be impacting the health and safety of your tenants.
Keep your tenants… Kick radon out.
Elevated radon levels don’t have to get in the way of your lease agreement. With professional testing and properly installed mitigation systems, radon can be reduced in any building regardless of size, location, age, or structure.
Your Illinois Protect Environmental professionals are licensed and certified to provide expert radon services to protect your Illinois rental investments and keep your occupants safe from radon gas exposure. We’ve been proudly serving our Chicagoland community since 1986! Is your rental property a single-family home? Check out our residential radon services. If you own a multifamily property, learn about our commercial radon testing and mitigation services for any building type in Illinois and anywhere in the U.S.
