New requirements for radon testing and mitigation for rental properties took effect As of July 1, 2023, in Montgomery County, MD. Radon testing for multifamily (including condominiums) and single-family rental housing as well as disclosure and mitigation of radon hazards above a certain action level are now required.
This requirement 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, 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
For leases in existence now, 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.
A sample lease addendum is available at https://www.montgomerycountymd.gov/DHCA/Resources/Files/housing/Radon_Addendum_To_Lease.pdf
United States