Illinois Radon Testing Rules: What Renters Need to Know
If you’re renting in Illinois, it’s important to understand your rights and your landlord’s obligations concerning radon—a naturally occurring radioactive gas that can impact health if present indoors. Illinois state law sets specific rules about radon testing and notification in rental properties. This guide demystifies those requirements, helping renters like you know what to expect and what to do if radon is a concern in your home.
What Is Radon and Why Should Renters Care?
Radon is an invisible, odorless gas found in soil and rock. Long-term exposure can cause lung cancer. Since homes and apartments can trap radon indoors, state health authorities—including the Illinois Emergency Management Agency and Office of Homeland Security (IEMA-OHS) Radon Program—recommend testing and mitigation for safety.
Landlord Radon Testing and Disclosure Requirements in Illinois
Illinois landlords are not required by law to test rental units for radon. However, they must inform current and prospective tenants if a radon test reveals elevated levels (at or above 4.0 picocuries per liter, per EPA guidelines) in most types of residential properties.
- Disclosure Requirement: If a radon test shows high radon levels in a unit below the third floor, the landlord must provide written disclosure to tenants before lease signing or lease renewal.[1]
- Applies To: Most rental properties located below the third story above ground are covered. (This means garden units, ground and second-floor apartments, but generally not high-rise apartments above the third floor.)
- Timing: Disclosure must occur before a lease is signed, or as soon as results are available during an ongoing lease.
- Mitigation: Landlords are not legally required to reduce (mitigate) radon in residential rentals, but they cannot misrepresent radon results or penalize tenants who report issues.
For the full text, see the Illinois Radon Awareness Act and related disclosures under the Illinois Residential Tenants' Right to Repair Act and Illinois Security Deposit Return Act.
The Radon Disclosure Form for Illinois Renters
Landlords must use a special form to notify tenants about elevated radon levels. Here's what you need to know about it:
- Form Name: Radon Disclosure to Tenants (official sample)
- When Used: Provided whenever a radon test on a rental dwelling below the third story shows radon levels of 4.0 pCi/L or higher, or when the landlord becomes aware of such prior results.
- Where to Find: The Illinois Radon Disclosure Sample Form (PDF) is available from IEMA-OHS.
Example: If your landlord has tested your apartment or previous tenants supplied test results showing high radon, you should receive this disclosure before signing or renewing your lease.
What to Do If You Suspect High Radon Levels
If you have concerns about radon in your rental, you may test your unit using a do-it-yourself kit or request your landlord to disclose any past test results. Landlords can’t retaliate against tenants who inquire or report radon conditions.
How to File a Radon Complaint
If you suspect your landlord has not complied with disclosure laws or has tried to penalize you for raising radon issues:
- Contact the Office of the Illinois Attorney General – Landlord/Tenant Rights
- File a written complaint explaining your situation, including address, dates, and copies of any written communications.
The primary government body for enforcement and assistance with residential tenancy issues in Illinois is your local County Court system. Most disputes are handled in the county circuit courts. For information or disputes, see the Illinois Courts Directory.
Relevant Legislation for Illinois Renters
- Radon Awareness Act (420 ILCS 46)
- Security Deposit Return Act (765 ILCS 710)
- Residential Tenants' Right to Repair Act (765 ILCS 742)
Always check with official sources or legal aid before taking action.
Frequently Asked Questions
- Are Illinois landlords required to test for radon?
No, Illinois landlords are not required to perform radon testing. However, if a test has been performed and high levels are found, the landlord must provide a written disclosure to current or prospective tenants.[1] - What happens if my rental unit tests high for radon?
Your landlord is legally required to disclose any known high radon results for units below the third floor but is not required to fix the issue. You can request mitigation or seek alternative housing if you're concerned. - How can I get a radon test for my apartment?
You can purchase a do-it-yourself kit from a hardware store or request that your landlord share any prior test results. Some local health departments may provide resources or advice on testing. - Can my landlord evict me for raising a radon concern?
No. Illinois law protects renters from retaliation if they report radon or other health and safety issues. - Where can I file a complaint if disclosure rules aren’t followed?
You can contact the Office of the Illinois Attorney General or your local county circuit court.
Key Takeaways for Illinois Renters
- Landlords must disclose high radon test results to tenants but are not required to test all properties or mitigate high radon.
- Always request and read the Radon Disclosure form before signing a lease for a ground level or second-floor unit.
- If you have radon concerns, communicate in writing and know your rights against retaliation.
Knowing these basics helps you make safer renting decisions and respond appropriately if radon becomes an issue in your home.
Need Help? Resources for Renters
- Illinois Attorney General: Tenant Rights
- IEMA-OHS Radon Program: Radon in Illinois
- Illinois Circuit Courts Directory
- Illinois Legal Aid: Renter Health & Safety Rights
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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