Illinois Asbestos Removal Clause

State:
Multi-State
Control #:
US-OL13062
Format:
Word; 
PDF
Instant download

Description

This office lease clause states that the landlord shall cause the abatement and removal of all asbestos containing material, and the landlord must provide to the tenant an air-sampling report following the completion of the ACM removal or encapsulating and the results of must be deemed satisfactory by the landlord and the tenant if the results satisfy air content thresholds for asbestos fibers established by the appropriate governmental authorities or entities having jurisdiction in such matters allowing occupancy of the Premises.

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FAQ

The seller may be liable to you for: failing to disclose a defect, or. transferring a piece of property that wasn't in operating condition as promised under a warranty or other obligations set forth in your purchase contract.

Permissible Exposure Limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average (TWA), with an excursion limit (EL) of 1.0 asbestos fibers per cubic centimeter over a 30-minute period.

The purpose of this Act is to provide for the licensing of persons who contain or remove asbestos materials from commercial and public buildings in the State of Illinois.

The Act does not cover new construction that has yet to be occupied, commercial properties, foreclosure sales, or transfers due to bankruptcy, divorce, or probate. Under the Act, a seller must fill out a disclosure form answering 23 questions about the state of the property.

Yes. A disclosure report must be completely filled out and provided to the potential buyers. This report includes disclosing any material defects that you are aware of, including but not limited to issues with the septic tank, issues with drinking water, issues with excessive radon levels, or even any known flooding.

Although homeowners are not required to treat or remove asbestos in their homes, they may be required to disclose its presence when selling their house. Under Illinois' Residential Real Property Disclosure Act, the seller of residential property must complete a disclosure form regarding the status of the property.

Asbestos is well recognized as a health hazard and its use is now highly regulated by both OSHA and EPA.

Sellers are required to disclose whether there is asbestos, lead paint, or other known environmental hazard present on the property. However, this does not apply to all hazards. For example, Illinois does not require sellers to test for radon.

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Illinois Asbestos Removal Clause