The EPA estimates that nearly 1 out of every 15 homes in the United States have elevated radon levels (4 pCi/L or more). As a landlord, you are responsible for understanding the dangers, laws, and proper testing procedures for radon. Find out how to test for radon in your property.
Radon in Rental Properties
Landlords and property owners must make a wide variety of disclosures, both to governing authorities and to their renters, regarding the normative nature of their residence. These disclosures ensure that renters are always properly informed about the inherent risks of choosing one property over another.
Landlords are also required to provide testing and documentation regarding the presence of radon, an invisible yet hazardous radioactive gas known to permeate many American homes and apartment buildings. Knowing what radon is and how to manage it is key to maintaining your rental’s indoor air quality.
This guide will cover steps you can take to test for radon, as well as steps you can follow to fix an identified leak.
Landlords are bound by state and federal laws to maintain safe radon levels in their properties.
What is Radon?
Radon is defined as “a colorless, odorless and tasteless gas produced by the decay of uranium” by the Environmental Protection Agency (EPA). Radon gas that is trapped in the ground is often released during commercial and residential construction projects. Because of its atomic nature, radon can seep into homes through most common construction materials including concrete blocks, mortar, sheathing paper, wood paneling, and insulation.
Having derived from uranium, radon is radioactive. Radon particles emit alpha radiation, the same type of radiation produced by strongly radioactive elements like plutonium.
Harmful Effects of Radon Exposure and Inhalation
Like uranium proper, radon is a considerable threat to human health. The Surgeon General has rated radon as the second leading cause of lung cancer in the United States (behind smoking). For non-smokers, radon inhalation remains the leading cause of lung cancer in this country. Annually, radon has been estimated to contribute to between 7,000 and 30,000 deaths.
If left unchecked, entire families can be continuously exposed to this harmful gas without ever sensing it. Radon.com notes that a family who lives in a radon-infected home receives nearly 35 times as much radiation as they would receive if they stood next to a radioactive waste disposal site.
Radon Regulation
State and federal governments have gone to great lengths to regulate radon exposure to protect the populace. While implementing radon detection is heavily recommended for homeowners, rental property owners and landlords in many jurisdictions are required to implement radon testing plans for all of their properties.
If proper regulations are not followed, landlords and property owners open themselves up to severe liability.
As a landlord, it is your responsibility to know about relevant laws and implement necessary preventative measures to protect your renters from the noxious effects of radon.
Landlord’s Liability for Radon
Landlords and property owners are often required by state and federal laws to consistently test for and inform patrons of radon.
Most laws concerning radon and landlords involve proper disclosure of its presence on the property. After building or purchasing a property, landlords must run certified radon tests in all of their units.
Once the levels have been assessed, most states require documented disclosure to be made to tenants on the lease or as a separate documented form.
In some cases, the landlord and renter need to sign radon-related paperwork to certify a mutual understanding of radon exposure. It is also in the landlord’s best interest to check with their attorney to ensure their disclosures are up to snuff as specific laws and regulations governing radon disclosure vary by state.
Because of the severe nature of non-compliance, enforcement authorities tend to impose considerable fines when proper radon regulations are not followed.
State Laws for Radon Testing
Read below for the laws for each state regarding Radon Testing.
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Several states impose civil and/or criminal penalties for misrepresenting radon readings including: California, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Nebraska, New Hampshire, New Jersey, Ohio, Pennsylvania, South Carolina, Tennessee, and West Virginia.
Requirements to Disclose Radon Levels to Tenants
In the United States, only four states currently require landlords to disclose present radon levels in their properties as a part of their lease agreement:
- Maine
- Illinois
- Colorado
- Florida
In these states, landlords are required to include information regarding radon, its risks, and its present level at the desired property.
At this time, all other states do not explicitly require radon disclosures to be made to renters. However, localized jurisdictions (such as cities) may require disclosures to be made on behalf of the city. In this case, you may still need to make some form of disclosure to remain in compliance with city laws.
Requirements to Disclose Radon Levels in Real Estate Sales
Some landlords also take part in real estate sales. As such, it is important to know that most states require radon disclosure information to be provided before a home is sold.
As with rental agreements, states requiring disclosures in real estate sales often require such disclosures to be made in writing, if not part of the property purchasing agreement.
Radon Testing in Sensitive Areas
In general, many states require some form of radon testing either before or during regular occupancy – whether the property is rented or owned. However, several states require heightened testing in “sensitive” areas where exposure to vulnerable groups is more likely. If you rent space to these types of groups or industries, you may be required to perform more regular radon tests.
Several states mandate regular radon testing on properties used as daycare centers (both public and private). While this traditionally involves standalone buildings, in-home daycares are sometimes subject to these regulations as well.
Penalties for Misrepresenting or Falsifying Radon Tests
Most states that include radon testing laws have penalties for misrepresenting or falsifying reports of the tests made to governing authorities and customers, such as renters. Specific penalties vary from state to state, including the classification of such an act as a civil or criminal penalty.
Some states have overlaps between civil and criminal penalties as many states allow for criminal charges in cases of long-term or intentional negligence on the part of the property owner.
Also, certain jurisdictions allow tenants to file claims against landlords based upon certification that the premises are “uninhabitable” due to negligence on the landlord’s part. Though these statutes may not include radon exposure by name, they may still be applied broadly if the tenant can produce tested proof of higher-than-standard radon levels.
How to Test for Radon in Your Rental Property
Testing for radon in and around your properties can be one of the most proactive steps toward keeping your tenants safe from passive radon exposure.
Radon Testing Terminology
Radon gas levels are measured in picocuries per liter of air in 24 hours. Often, this radon measurement is abbreviated to “pCi/L”. This metric is used to demonstrate how much disintegration from a radioactive gas (in this case, radon) is taking place in the location where the test is being performed.
The EPA currently measures all radon levels against their “action level,” or in other words, the level at which the amount of radon gas detected in an area poses an acute risk to inhabitants. Currently, the EPA’s action level is set at 4 pCi/L. Even if a given test comes in lower than this figure, there is often more a landlord can do to minimize radon exposure on their properties further.
No amount of radon exposure is safe, according to the EPA. Instead, minimizing the presence of radon in homes, apartments, and other sensitive areas like schools is the best way to mitigate the potential risks brought on by the radon’s radioactivity.
For example, some compare this to minimizing one’s exposure to UV rays from the sun as a means of lowering one’s chance of acquiring skin cancer.
The EPA estimates that of every person exposed to 4 pCi/L of radon regularly (at home, at school, or in the workplace), nearly 1 in 100 of them will eventually die of radon-related illnesses. This is compared to other EPA-regulated carcinogens – including asbestos, arsenic, cadmium, radium, formaldehyde, and more – which carry a 1 in 100,000 likelihood of death related to overexposure.
In this way, radon carries a nearly 1000 times greater likelihood of death compared to standard levels of exposure to other dangerous particles.
Radon Testing Procedure
Testing is the only way to discover how much radon is present in a living space. Because of its colorless, odorless, and tasteless nature, radon cannot be detected but through a highly sensitive, specialized test to check for the gas or its various components. Acute symptoms of radon exposure are nearly nonexistent, meaning most effects do not show up for years after extended exposure.
Passive Radon Tests
Most radon tests are small, hand-sized envelopes containing special testing designed to react to the presence of radon. This makes radon tests easy to store and use with convenience at your properties.
Most radon tests are sent away to be properly analyzed by trained experts. Follow these steps to complete the test effectively.
- Fill out documentation – this will likely include your name and location (city and state) where the test was performed, timing details (when the test started and ended)
- Begin testing – carefully open the marked end of the envelope as indicated in the instructions. Inside, you will likely see a small, teabag-like satchel, a popsicle-like stick, and an oval-shaped piece of cardboard. The first item is the testing mechanism itself, while the other two components are designed to keep the packet open during the next steps.
- Set up – with the packet open, firmly hold the entire packet with both hands and press in on both sides. Continue doing this until the oval-shaped cardboard piece is maneuvered into place and holding the entire packet open on its own. At this point, the packet is ready to begin testing.
- Hang the radon test – if you are a landlord, this will mean placing at least one test in each of your properties, on the lowest floor of the building. Hang the test in an open area and leave it be for as long as the instructions require (often several hours or up to several days).
- Collection – Once the testing period is complete, recollect the radon test. Using the protruding popsicle stick-like apparatus, pull up the cardboard oval until it is freed from the envelope. Discard both of these pieces. Then, remove the pre-seal tab inside the rim of the envelope and securely close the envelope.
- Send for analyzing – the test is ready to be returned to whoever will analyze it and provide you with timely results.
Radon test kits like these can be acquired from a variety of sources, including both physical and digital retailers including Amazon.
Continuous Radon Monitoring
Another method of testing for radon in a given space is through the installation of a long-term radon monitoring system. This may also be a worthwhile solution after running a standard radon test, finding positive results, and instituting remedial actions. This type of continuous monitoring can help evaluate changes in radon dispersion in a space over time.
Most modern continuous radon monitors are digital and use special diodes to detect and measure the amount of radon in the air without the need for a chemical compound. Most models are capable of running both short and long tests (between 1 and 7 days), as well as providing continuous testing to evaluate time-sensitive changes.
Additional benefits of continuous radon monitoring include:
- No need to be sent away for an evaluation as most digital models read out in an easy-to-interpret language that will allow you to simply and easily determine if one of your properties has too much radon present.
- Battery-power or wall plugin
- Only one monitor per building needed
- Cost-effective long-term solution
Place your continuous radon monitors away from direct sunlight and out of spaces known for trapping moisture. Also, try to avoid placing the monitor in an area with vents or a draft, as this can interfere with the monitor’s ability to accurately read the amount of static radon in the air. After implementation, check the results at least once a week for their first month of use (to establish baseline data). Beyond the first month, you can set a schedule that will allow you to properly inform each new tenant of their space’s radon levels.
What Should I Do with Radon Test Results?
Record the results from every radon test performed in a consistent location and check their outputs against the EPA’s “action level” for radon – 4 pCi/L. If the results are at or near this figure, you may have a significant radon problem at your property that you remedy immediately.
However, in most cases, your radon test results will come in significantly lower than the EPA’s “action level.” This does not mean that you are home-free. Remember that no amount of radon exposure is safe, any sustained presence in your properties could put your tenants at risk.
It is in your best interest to mitigate your liability by implementing a plan to fix your property’s radon leaks.
How to Fix a Radon Leak
Average radon levels in the United States, as defined by the EPA, are between 0.4 and 1.3 pCi/L. If you find that one or more of your properties have radon levels above this average, then you have proper cause to fix the abundance of radon leaking into these buildings.
There are several different methods for helping to mitigate or resolve a radon leak in one of your properties including:
- Sealing foundation cracks
- Sub-Slab Depressurization System
- Hiring a Radon-Reducing Contractor
Remember that no one of these solutions is likely to entirely solve a radon leak. You will likely need to implement several of these fixes before a noticeable change in radon levels becomes apparent.
Sealing Foundation Cracks
Sealing cracks in your properties’ foundations should be the first step to mitigating ambient radon gas that is leaking up from the soil or bedrock. This is considered a basic approach and is recommended to all property owners as broadly important maintenance.
However, the EPA states that sealing foundational cracks alone will not fully fix a radon problem. They note that this is a common misconception that property owners and homeowners should not fall for.
Sub-Slab Depressurization System
A sub-slab depressurization system may be necessary to collect and keep off-gas hazardous radon fumes away from a problematic property. This can be accomplished through a specialized system of vent pipes and fans installed directly into your property and run nearly continuously.
Often, these systems resemble those implemented to aerate crawl spaces. They work like a fireplace chimney as they collect up radon gasses trapped beneath the foundation of your home and draw it upwards through a vent pipe for release away from the home.
These types of depressurization can represent a significant renovation, especially if it is being implemented on an owned property in which tenants presently live. That being said, the cost of installation far outweighs the dangers of not acting to resolve such a hazardous problem.
Hiring a Radon-Reduction Contractor
Whether you plan on installing a sub-slab depressurization system or simply need to consult with an expert about the best radon maintenance plan for your properties, a radon-reduction contractor is the best expert to turn to. Depending on where you live, several radon-reduction contractors may be available and able to offer their services for your various properties.
Radon-reduction contractors in major enforcement states are required to meet the state’s specific radon-reduction standards. Otherwise, the EPA recommends meeting its standards outlined in ASTM E 2121. In any case, you should be vigilant to ensure that your hired contractor completes their work as described following appropriate regulations (as you would with any contract work on your properties).
When Should I Fix a Radon Leak?
it is better to fix a radon problem before putting a property on the market rather than having to work to resolve a radon leak while the space is occupied. However, it is far better to be proactive than to be caught ignoring the problem by a tenant or regulating authority. Failing to fix a known leak can open you up to serious liability and loss of future business.
EPA Guide
The EPA also provides an online Home Buyer’s Guide to radon testing products and procedures. Many landlords will find the information included in this booklet – including how to procure and operate a radon test.
Frequently Asked Questions (FAQ)
Where does radon come from?
It is created by the decay of naturally occurring uranium deep in the ground. It percolates to the surface over time after escaping from natural chambers within bedrock or limestone.
Radon can be found predominantly in soil as a result, as well as anything built upon that soil. In the outdoors, radon gas usually dissipates and is not a threat to human health. However, homes and buildings tend to trap radon gas as it rises, creating more acute, undetectable harm.
Is radon common in my area?
Radon is well-known to be present nearly everywhere in the world, in some capacity. The United States is included in this broad distribution, though the EPA has identified some areas as having a greater preponderance of radon gas than other areas.
To illustrate this nationwide distribution, the EPA has created an updated illustrated map that breaks down expected radon risk by county for all states and territories. This map can serve as a major asset when evaluating preliminary radon risks in your area.
What is a “safe” or “acceptable” radon level?
No amount of radon exposure is “safe”. Like other environmental carcinogens like UV rays and second-hand smoke, any exposure can be linked to an increased likelihood of illnesses throughout a person’s life.
Because full elimination of radon exposure is very difficult, the EPA implores homeowners and property managers to strive to minimize radon’s presence in their dwellings. To quantify this, the EPA recommends taking action if you find (using a radon test or monitor) that your radon burden is close to or above 4 pCi/L. Even amounts of radon below this level exponentially increase the likelihood of cancer after long-term exposure.
Can I test for radon on my own? How do I operate a radon test?
You can test for radon on your own. In fact, property managers are often required to do so on behalf of their tenants.
Where can I purchase radon tests and radon monitoring equipment?
Radon testing and monitor equipment can be found at a variety of retailers, including brick-and-mortar stores like Lowes or Home Depot as well as online retailers such as Amazon.
Additionally, special interest outlets like Radon.com provide excellent information on the best radon equipment available, as well as providing affordable testing options of their own.
What should I do if I find an unacceptably high radon level in one of my properties?
Radon leaks can be resolved through careful planning and continued monitoring. High levels of radon can be managed and resolved. Apart from contacting a local radon-reduction specialist, there are also several go-to numbers you can contact to plan your next steps.
1-800-55RADON (557-2366) – Operated by Kansas State University in partnership with the EPA, this line can provide live help for radon-related questions.
1-800-644-6999 – This line can provide general information about fixing radon leaks in a variety of dwelling types.
1-800-SOS-RADON (767-7236) – Operated by Kansas State University in partnership with the EPA, this line allows you to purchase radon testing equipment over the phone.
Resources for More Radon Information
Many government and special interest groups have taken the time to create a wealth of resources to inform the public about the dangers of radon, as well as what steps they can take to minimize their exposure.
Though many of these resources are geared at homeowners, much of the information still applies to tenants and their landlords.
Consult these resources for further information on the dangers of radon, as well as how you can plan to address its presence in your properties.
Here are some pages to refer to from the Environmental Protection Agency (EPA):
Sources
- 1 420 ILCS 46/26(a) & (b)
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Source Link
(a) At the time of a prospective tenant’s application to lease a dwelling unit, before a lease is entered into, or at any time during the leasing period, upon request, the lessor shall provide the prospective tenant or tenant of a dwelling unit with: (1) the Illinois Emergency Management Agency pamphlet entitled “Radon Guide for Tenants” or an equivalent pamphlet approved for use by the Illinois Emergency Management Agency; (2) copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant, as provided in subsection (c); and (3) the Disclosure of Information on Radon Hazards to Tenants form, as set forth in subsection (f). (b) At the commencement of the agreed leasing period, a tenant shall have 90 days to conduct his or her own radon test of the dwelling unit. If the tenant chooses to have a radon test performed, the tenant shall provide the lessor with copies of the results, including any records or reports pertaining to radon concentrations, within 10 days after receiving the results of the radon test. If the tenant’s radon test provides a result in excess of the Illinois Emergency Management Agency’s recommended Radon Action Level and the lessor has elected to not mitigated the radon hazard, the tenant may terminate the lease.