Mitigation of radon hazards

Mitigation of radon hazards. (a) A lessor who decides to have radon mitigation performed shall have the radon mitigation system installed by a radon contractor. (b) A tenant who decides to have radon mitigation performed shall have the radon mitigation system installed by a radon contractor and shall have the lessor's express consent prior to undertaking any mitigation activities. If the tenant receives express consent from the lessor, the tenant may deduct the cost of installation of the radon mitigation system from tenant's rent. This deduction shall be divided in equal parts for the remainder of the leasing period. (c) A lessor of a dwelling unit vacated by a tenant under subsection (e) of Section 26 who has received a security deposit from a tenant to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that security deposit as compensation for radon testing or mitigation activities. However, the lessor may withhold part of the security deposit if the tenant had a mitigation system installed without the lessor's consent and the system was not properly installed by a radon contractor. An itemized statement must be provided to the tenant if any part of the security deposit is withheld. (d) This Section applies to leases entered into on or after the effective date of this amendatory Act of the 103rd General Assembly.(Source: P.A. 103-298, eff. 1-1-24.)