TestingGuides / Renting
Radon in rental homes: tenant rights and landlord rules by state
Short answer
A tenant can test a rental for radon, and some states, including Illinois and Maine, require landlords to give tenants radon information. Whether a landlord must fix a high level varies by state: Illinois and Maine let a tenant end the lease if it is not mitigated, while Idaho and Mississippi say landlords are not required to test or fix.
Key takeaways
- A tenant can test for radon. Anyone living in a rented home can, and some states put it in writing: Maine law gives tenants the right to test their unit, and Illinois gives a tenant 90 days from the lease start to test.
- Ask first. Ask the owner whether the building has been tested, and for a copy of the results.
- Rules on landlords vary by state. Illinois and Maine require landlords to give tenants radon information; Idaho and Mississippi say landlords are not required to test or fix.
- In two states a high result can end a lease. Illinois and Maine let a tenant end the lease if a high level is not mitigated, under conditions their rules set.
- Fixing radon is a repair to the building, which the building owner can have made.
Radon in a rental home: the short version
People living in rented houses and apartment buildings can find out whether there are high levels of radon in their homes, and building owners can fix radon problems by having repairs made to the building. What differs for a tenant is who may test, who must be told, and who pays for a fix, and those depend on the state.
This guide explains what any tenant can do, then sets out the rules that state radon programs themselves publish, state by state. We list only what a state's own program or form says. If your state is not in the table, that does not mean it has no rule: ask your state radon program.
Can a tenant test for radon?
Yes. You can test for radon yourself, or hire a professional to test your home. Start with a question: before or after you move in, ask the owner whether the building has been tested and, if it has, ask for a copy of the results. If you do not know whether the building was tested properly, you can test yourself or ask the owner to test.
| State | What the state's radon program says |
|---|---|
| Idaho | You can test the space yourself and discuss the results with your landlord |
| Illinois | A tenant has 90 days from the start of the lease to conduct their own radon test of the unit |
| Maine | Maine law gives the tenant the right to conduct radon tests in their dwelling unit, themselves or through a registered tester |
A test that leaves nothing behind suits a rental. A short-term charcoal kit sits on a shelf for a few days; a long-term kit or a radon monitor runs for months with no drilling or wiring. See radon test kits and radon detectors and monitors, and charcoal kit vs digital monitor for which suits your lease.
Which rental units should be tested
Most indoor radon comes from the soil, so high indoor levels are more likely below the third floor, which is why EPA recommends testing all homes below the third floor. In some cases high levels have been found at or above the third floor, because radon can move up through elevators and other air shafts, so a tenant higher up who is concerned can test too.
| Type of rental | Testing guidance | Notes |
|---|---|---|
| House or townhouse | Test: EPA recommends testing all homes below the third floor | Test the lowest level that is lived in |
| Apartment on the ground floor or in a basement | Test | Below the third floor; Illinois's disclosure rules apply to units below the third story |
| Apartment on the second floor | Test | Still below the third floor |
| Apartment on the third floor or higher | Lower likelihood; test if concerned | Radon can move through elevators and air shafts |
| Any other rented home | Test | Radon may be found in all types of homes and buildings |
Landlord and tenant radon rules by state
These are the rules and positions that state radon programs themselves publish, in our words. They are summaries, not legal advice: read the law itself, and ask your state radon program if you are unsure. States are in A to Z order.
| State | Disclosure by the landlord | Testing and fixing |
|---|---|---|
| Florida | Notification must be provided on at least one document at or before the signing of a rental agreement for any building | An occupant, or someone who works for the property owner, may test without certification |
| Idaho | None stated | Landlords are not required to test for or fix radon; tenants can test and discuss results with them |
| Illinois | Radon Awareness Act: for units below the third story, the lessor provides the state's tenant pamphlet on request, records showing a radon hazard, and a disclosure form | Tenant may test within 90 days of the lease start; tenant may end the lease if a high result is not mitigated |
| Maine | Landlords give tenants a radon disclosure statement (form HHE-810) under 14 M.R.S.A. Section 6030-D | Tenants may test; a re-test may be requested after 10 years; landlord or tenant may end the lease on 30 days' notice if a high level is not mitigated |
| Mississippi | None stated | A landlord does not have to test on request, and there is no legal requirement to mitigate |
| Washington | None stated | Whoever makes the fixes, landlord or tenant, retest when the work is done |
Illinois: the Radon Awareness Act and tenants
Illinois spells out the most detailed process. Its Radon Awareness Act (420 ILCS 46) provides for the disclosure of radon information by the lessor to potential or renewing tenants in units below the third story. Here is the sequence:
Before or during the lease, on request
The lessor provides the state's radon pamphlet for tenants, copies of any radon records or reports that indicate a radon hazard, and the state's form disclosing radon hazards to tenants.
The tenant may test within 90 days
At the start of the lease, the tenant has 90 days to conduct their own radon test of the unit.
Results to the lessor within 10 days
A tenant who tests gives the lessor copies of the results within 10 days of receiving them.
The lessor may retest within 30 days
If the tenant's result shows a radon hazard, the lessor may hire a radon contractor to test again within 30 days, and may use that measurement to disprove a hazard.
The tenant may end the lease
If the tenant's result is above the state's recommended radon action level and the lessor has elected not to mitigate, the tenant may terminate the lease.
In Illinois, test results are valid for 2 years from the date of testing unless the building is renovated, added to or modified. Your state radon program can answer questions about the act.
Maine: disclosure, re-testing and ending a lease
Maine has a set form that landlords give tenants, the landlord radon disclosure statement (HHE-810), and a form landlords use to report air radon tests in rental property to the state (HHE 890). The disclosure form, signed by landlord and tenant, records when the unit or building was tested, the level found and who tested it.
- Re-testing: a tenant may request a re-test after 10 years from the last test, unless the landlord has installed and maintains a functioning radon system.
- Fixing: mitigation is recommended, but not required. If a level of 4.0 or more is not mitigated, the landlord or the tenant has the option to end the lease after giving at least 30 days' notice.
- Testing: Maine law gives the tenant the right to conduct radon tests in their unit, themselves or through a registered radon tester, and testing in rental buildings must follow the state's protocols and rules.
- The law: the form cites 14 M.R.S.A. Section 6030-D.
If your rental's radon level is high
First, read the number against the guidance levels. EPA recommends fixing a home when the radon level is 4 pCi/L or higher. EPA recommends considering a fix when the level is between 2 and 4 pCi/L. A single short-term result should be confirmed with a second test before anyone decides; see short-term vs long-term radon test.
Tell the owner
Give the owner a copy of the result. In Illinois a tenant who tests must share the results with the lessor within 10 days of receiving them.
Ask for a fix
Building owners can fix radon problems by having repairs made to the building. Whether the owner must depends on the state: Mississippi says there is no legal requirement; Illinois and Maine tie an unmitigated high level to the right to end the lease.
Retest after any fix
Whoever makes the fixes, you, your landlord or someone hired, retest when the work is done.
Read this figure as textHide the text version
- Below 2 pCi/L (below 74 Bq/m³)Below both of EPA's guidance levels.
- 2 to 4 pCi/L (74 Bq/m³ to 148 Bq/m³)EPA recommends considering a fix when the level is between 2 and 4 pCi/L.
- At or above 4 pCi/L (148 Bq/m³ and up)EPA recommends fixing a home when the radon level is 4 pCi/L or higher.
For landlords: what to do about radon
- Test units below the third floor. EPA recommends testing all homes below the third floor; that is also the reach of Illinois's disclosure rules.
- Know your state's disclosure rule. Illinois and Maine each require radon information to go to tenants; Florida requires a notification at or before a rental agreement. Ask your state radon program about yours.
- Keep the records. Illinois treats test results as valid for 2 years unless the building changes; Maine allows a tenant to ask for a re-test after 10 years unless a working system is maintained.
- Use a qualified contractor for a fix. EPA recommends a qualified radon mitigation contractor, and many states require radon professionals to be licensed, certified or registered. See find a radon professional.
| Point | What it means |
|---|---|
| Testing requirement | The notice does not impose radon testing requirements, but it gives guidance on considering radon in the environmental review |
| Testing as the measure | Testing is the only way to determine the radon level within a building |
| Do-it-yourself kits | DIY test kits may be used in single-family dwelling units, one kit for each dwelling unit |
Questions tenants and landlords ask about radon
Can I test my apartment for radon?
Yes. You can test for radon yourself or hire a professional. Some states put this in writing: Maine gives tenants the right to test, and Illinois gives a tenant 90 days from the start of the lease to test.
Does my landlord have to test for radon?
It depends on the state. Idaho and Mississippi say landlords are not required to test. Illinois and Maine require landlords to give tenants radon information. Check the table above and your state radon program.
Does my landlord have to fix high radon?
Not everywhere. Mississippi says there is no legal requirement to mitigate, and Maine says mitigation is recommended but not required. In Illinois and Maine, though, a tenant may end the lease if a high level is not mitigated, under each state's conditions.
Can I break my lease because of radon?
In some states. Illinois lets a tenant terminate the lease if their result is above the state's action level and the lessor elects not to mitigate. Maine lets the landlord or tenant end the lease on at least 30 days' notice if a level of 4.0 pCi/L or more is not mitigated. Elsewhere, check your state's law and your lease.
Do I need to test if I live above the third floor?
EPA recommends testing all homes below the third floor, where high levels are more likely. High levels have occasionally been found higher up because radon can move through elevators and air shafts, so you can test if concerned.
What radon test should a tenant use?
One that leaves no trace: a short-term kit for a first answer, a long-term kit for your year-round average, or a radon monitor you can take with you. See radon test kits and radon detectors and monitors.
Should I ask my landlord about radon before signing a lease?
Yes. Ask whether the building has been tested and for a copy of the results. In Illinois and Maine, landlords must give tenants radon information.
Who pays for radon mitigation in a rental?
Fixing radon is a repair to the building, which the building owner can have made. Whether the owner must pay depends on the state and the lease.
Do I have to tell my landlord my radon results?
In Illinois, a tenant who tests must give the lessor copies within 10 days of receiving the results. Elsewhere it is still worth sharing, so the owner can act on it.
What radon disclosure is required in Illinois rentals?
For units below the third story, on request: the state's radon pamphlet for tenants, any records showing a radon hazard, and the state's radon hazard disclosure form. See the Illinois section above.
What radon disclosure is required in Maine rentals?
Landlords give tenants the state's radon disclosure form (HHE-810), which records the test date, the level and who tested, and cites 14 M.R.S.A. Section 6030-D.
How long is a landlord's radon test valid?
Illinois treats results as valid for 2 years unless the building is renovated or changed. Maine lets a tenant ask for a re-test after 10 years unless a working mitigation system is maintained.
Can my landlord test my unit after I report a high result?
In Illinois, yes: the lessor may hire a radon contractor to test again within 30 days of being told, and may use that result to disprove a hazard.
What should I do if my landlord fixes radon?
Retest when the work is done, whoever made the fix. A post-mitigation test is due within 30 days of installation.
Does radon matter if I am only renting for a year?
It is breathing radon over many years that raises lung cancer risk, so a short stay carries less. But testing is easy and takes very little time, and knowing the level lets you ask for a fix or plan your next move.