Concerning radon testing in rental properties

This bill concerns radon testing of rental properties. The bill provides that a tenant may conduct a radon test or hire a person certified in accordance with Code chapter 136B to conduct a radon test. The tenant shall notify the landlord of a test result equal to or greater than four picocuries per liter, which is the United States environmental protection agency’s action level for radon. The landlord may have a confirmatory radon test conducted by a certified person and must notify the tenant of those results. If a subsequent test result is equal to or greater than four picocuries per liter, or if the landlord chooses not to have a subsequent test conducted by a certified person, the landlord shall have a radon mitigation system installed. Once a radon mitigation system has been installed in accordance with Code chapter 136B, the rental property shall be retested and the new results shall be given to the tenant within 90 days of the original notice. The bill provides that if the landlord fails to have a radon mitigation system installed or if a radon mitigation system is installed and radon test results remain equal to or greater than four picocuries per liter, the tenant may terminate the lease and the landlord shall return all prepaid rent and the rental deposit and shall not impose any penalties against the tenant. The tenant shall provide written notice to the landlord of intent to terminate the lease effective immediately or on a date agreed to by the tenant and landlord to allow alternative housing to be obtained by the tenant. The bill defines “radon mitigation system” to mean a system designed to mitigate the presence of radon in a building installed by a person certified in accordance with Code chapter 136B.