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Home · Property Management · Latest News : New Law Requires Written Disclosure from Landlords

landlord helpThe State of Maine has passed a law requiring landlords to test all rental properties for radon.

In addition, a written disclosure statement must be given to each tenant, informing them of the risks of radon exposure. Those risks include lung cancer.

A sample disclosure statement is provided on the Maine Department of Health and Human Services website. The tenant will have to sign an acknowledgment that they have received this disclosure.

This new law requires radon testing in all residential rental properties by the year 2012.

Radon tests required under this law must be conducted by a person registered with DHHS to conduct radon tests.

When radon test results show 4 pCi/l or higher radon levels, the landlord or lessor must mitigate those levels within six months, or within six months of obtaining local permits if required in their community.

Mitigation must be conducted by a person registered with DHHS to conduct radon mitigation.

After mitigation has been successful, the landlord or lessor must provide notice of this to tenants.

The new law also modifies previous provisions that require addresses of all structures that are tested or mitigated for radon to be reported to the Department in addition to the other information already required to be reported for each radon test or radon mitigation. This will allow the Department to develop a database to help track which residential rental properties have been tested as required under this new law.

Radon is a naturally-occurring radioactive gas, derived from the normal breakdown of uranium that is found in almost all rocks and soils on Earth.

Radon is more common in the rocks and soils found in Maine than those found in many other states, and has been proven to cause lung cancer. In fact, radon is the second leading cause of lung cancer overall, and the leading cause for people who do not smoke.

It takes many years of exposure to high levels of radon before anyone might get lung cancer due to radon.

Radon can come from the ground, or from well water.

See September 30 Deadline for Lead Paint Certification.

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  • crankylandlord

    What’s next, is the “State” going to make landlords also test for rat turds? And once the turds are mitigated, you have to give notice to the tenants to show that you give a sh**.

  • Gary Carlson

    And I suppose this legislation was spearheaded by some concerned lawmaker whose brother-in-law just happens to be certified as a tester under DHHS? And, since the soil and rocks in Maine are probably loaded with just enough radon to exceed the test, some of the dollars to “correct” the problems will likely end up in the pocket of this “lawmaker”.

    Of course, renters will ultimately foot the bill for this tomfoolery. When are voters going to scream “enough” and boot these charlatans out on the street where they belong?

    I wonder if this “law” will extend to the places where everyone works – to the schools – and to the legislative chambers where these thieves are housed?

  • cobbgirl

    Obviously a special interest benefit,

  • Janet Elsie

    Assuring your tenants of safe and healthy living conditions is a way of demonstrating that you care about them. Anything less would be unethical. I’ve never been to law school, but isn’t it the landlord’s legal responsibility to provide housing that is fit for living? A house or apartment that has unacceptable radon concentrations would not be considered fit for living. At least tenants have some degree of control (cats, traps and poison) of rats in their personal living spaces. They have considerably less control of radon.

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