Illinois lead mitigation notice: landlord 30 / 90-day deadlines

Your deadline at a glance

Source: 410 ILCS 45/9(5). Your notice states the deadline that applies to you.

Step by step after the notice arrives

1. Read the notice and the inspection report. The agency (the Illinois Department of Public Health or its delegate agency) must tell you the deadline and describe mitigation that meets the Act (Sec. 9(1)).
2. Optional: submit a mitigation plan to the agency for review and approval (Sec. 9(4)).
3. Hire licensed help for paint-disturbing work. Mitigation that destroys or disturbs a lead-bearing surface must be done by a licensed lead abatement contractor using licensed supervisors or workers, unless the Department’s rules or a case-by-case waiver allow otherwise (Sec. 9(3)). The contractor must give you and the tenant the lead pamphlet no more than 60 days before work starts (845.25(c)).
4. Running late? Ask for an extension before the deadline. The agency may extend it if you are making substantial progress, cannot get a licensed contractor in time, or are waiting on mitigation-plan approval (Sec. 9(6)).
5. Follow-up inspection. After the deadline the agency re-inspects. If the hazard is fixed you get a certificate of compliance; if not, you get a deficiency notice and a mitigation order with specific actions and a new date, which can include abatement (Sec. 9(7)).

What counts as “mitigated” for lead paint

For a paint or surface-coating hazard, the Act treats it as mitigated when the surface no longer gives off hazardous chips, flakes or dust; or children can no longer reach or chew it; or the coating is removed or covered or child access is otherwise prevented as the Department prescribes (Sec. 9(2)).

Before you renew, re-lease or sell that unit

• Lease renewal or sale: give the current tenant (if renewing) or the buyer written notice that a lead hazard was found, unless you already have a certificate of compliance. A copy of the mitigation notice and inspection report satisfies this (410 ILCS 45/9.1(1)).
• New lease: you must mitigate the hazard and obtain a certificate of compliance before entering into a new lease for that unit. This also binds a buyer who was given that notice (410 ILCS 45/9.1).
• Selling: notify the Department in writing of the sale, with the date and the buyer’s contact details (Sec. 9.1(2)).
• Every pre-1978 lease: the Illinois lead brochure plus federal Title X disclosure (77 Ill. Adm. Code 845.25(b), EPA). If a mitigation notice was ever issued, prospective tenants get written notice of the prior hazard (845.25(a)).

Keep the paper trail

Save the notice, inspection report, any approved plan, contractor license and invoices, extension letters and the certificate of compliance. You will need them for the next lease. Put the deadline and the follow-up date in the free LeadSafeRules tracker so nothing slips.

Track the mitigation deadline, follow-up inspection and every lease date free.

Free deadline tracker Check a rental address Illinois disclosure packet PDF

How long do I have to fix a lead hazard in Illinois?

30 days from receiving the mitigation notice if the unit was inspected because of an elevated blood lead level in a child or pregnant person, or if a child 6 or younger or a pregnant person lives there; otherwise 90 days (410 ILCS 45/9(5)).

Can I get more time on an Illinois lead mitigation notice?

You can apply to IDPH or its delegate agency for an extension. It may be granted if you are making substantial progress, cannot get a licensed lead abatement contractor in time, or are waiting on approval of a mitigation plan (410 ILCS 45/9(6)).

Can I rent the unit to a new tenant before the work is done?

No. An owner who received a mitigation notice must mitigate the hazard and obtain a certificate of compliance before entering into a new lease for that unit (410 ILCS 45/9.1).

Do I need a licensed contractor for lead mitigation in Illinois?

Mitigation that destroys or disturbs a lead-bearing surface must be done by a licensed lead abatement contractor using licensed supervisors or workers, unless Department rules or a case-by-case waiver allow otherwise (410 ILCS 45/9(3)).

What happens if the hazard is not fixed by the deadline?

After the follow-up inspection the agency serves a deficiency notice and a mitigation order listing the specific actions required, which can include abatement, and a new completion date (410 ILCS 45/9(7)).