Radon Testing and Mitigation for Rental Properties

It applies to all ground-contact or basement units of a residential rental in a single-family home or multifamily dwelling unit including condominiums.

The landlord must conduct a radon test before leasing a unit to a prospective tenant having been performed within three years before the date of the lease. The landlord is responsible for the cost of testing.

For New Leases (including Lease Renewals)
At the time of the lease signing, the landlord must provide the tenant and certify in the lease or in an addendum to the lease the following-

• A copy of radon test results indicates any concentration of radon is below the EPA's recommended action level
• The test was performed less than three years before the date of the lease
• A copy of the EPA's pamphlet is available through electronic link or by hard copy if requested by the tenant

An existing tenant may conduct a radon test or hire a professional to test a dwelling. If the test results indicate that a radon hazard is present at a level of 4 pCi/L or higher the tenant must, within 14 days, notify the landlord in writing and provide a copy of those test results. The landlord must perform a follow up test in accordance with EPA standards. Within 90 days after a confirmed test, the landlord must mitigate the premises to reduce radon below the action level of 4 pCi/L and provide the tenant with a final copy of third-party professional test results.

In the case of an existing tenant with a positive reading in excess of 4 pCi/L, the tenant has the right to terminate a lease if the landlord fails to mitigate under subsection F without loss of security deposit or any other financial penalty.

A tenant must provide, in writing, to the landlord a notice of the intent to terminate and vacate the premises. The notice may be effective either immediately upon receipt by the landlord, or as agreed upon by both parties, to allow the tenant to find alternative housing.

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Do we have to test these units starting July 2023? Or have the radon report done in time for a lease renewal? 

• For new leases and lease renewals starting on or after July 1, 2023, a landlord must provide a professional radon test result conducted less than three years of lease signing.
• For existing leases or leases rolling over to month-to-month, it is at the existing tenants’ discretion to test the unit and notify the landlord in writing within 14 days of any radon test results of 4 pCi/L or higher. Within 14 days of receiving the notice, a landlord must hire a licensed radon professional to retest the unit to confirm the results. Upon confirmation, the landlord has 90-days to mitigate the premises to reduce radon levels to below 4 pCi/L.

 

Can we just order the test kit and do it on our own?

• An existing tenant may conduct a radon test on their own or hire a radon professional. 
• A landlord must hire a licensed radon professional to conduct the radon test. 

 

Can the landlord administer the test using the test purchased from the county or must it be done by a licensed radon company?

• A landlord must provide test results performed by a licensed radon professional that are in compliance with the EPA-recommended radon testing standard.  

 

If the tenant wants to have it tested, then it's their expense?

• Yes, the first test conducted by the tenant is at their own expense. The landlord is responsible for the cost of any follow up, confirmation, or re-testing of radon.

 

Does a house that already has a radon mitigation system installed still need to be tested for radon before being rented? 

• Yes, a landlord must provide to a prospective tenant a copy of radon test results performed less than three years before the date of the signed lease. The results must indicate that any concentration of radon is below the EPA’s recommended action level of 4 pCi/L. 

 

What if the test results of a unit that already has a mitigation system installed is on or above 4 pCi/L?

• A landlord must hire a licensed radon professional to repair or replace the existing mitigation system and bring the radon levels below 4 pCi/L.

How a dispute between the tenant’s and the landlord’s test results may be resolved?

• To determine validity, professional test results supersede non-professional test results, and long-term professional tests supersede short-term professional tests. When both tests performed by landlord and tenant are equally valid and the dispute remains, a mutually agreed third-party radon professional test must be performed.