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The law makes it so landlords either have to disclose the radon levels for the rental or they have to a radon mitigation system. If they did not disclose the radon levels and it tests higher than 4.0 pCi/L, your landlord has 180 days to mitigate it or you can break the lease legally.
What happens if your apartment tests positive for radon?
Fixing a radon problem usually involves repairs to the building. Therefore, it is generally the building owner - and not the tenant - who is authorized to have this work done. However, if your home has high radon levels, you can take steps to see that the problem is fixed.
Is my landlord responsible for radon?
Radon, a naturally occurring radioactive gas that is associated with lung cancer, is found in rental properties throughout the U.S. To meet the responsibility to provide tenants habitable rentals, landlords must address radon problems that occur in rental properties.
What is the new law for radon in Colorado?
Additionally, Colorado lawmakers approved Senate Bill 23-206 (SB23-206) in June of 2023, requiring landlords and home sellers to give written disclosures on the risks of radon to future occupants.
Can I sue my landlord for radon exposure?
Tenants may sue based on: Negligence If a landlord fails to test for or address radon issues, they could be held liable for any health effects suffered by tenants.
The homeowner of a house can test their home prior to listing the home for sale. If the homeowner does perform a radon test, most if not all states will require that the test result be disclosed on the whole house disclosure form you will fill out with your realtor.
Can I break my lease because of radon?
Depending on what level of radon gas is present, you may or may not be able to terminate your lease. An accurate measurement of the gas level by someone who is certified to do so, must first be completed before you could put your landlord on notice of any dangerous level of the gas.
Related links
A Radon Guide for Tenants - US EPA
This guide is for people who rent their apartments or houses. The guide explains what radon is, and how to find out if there is a radon problem in your home.
Radon-222 is the radon isotope of most concern to public health because of its longer half-life (3.8 days). The mobility of radon gas is much greater than
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