Radon Mitigation in Residential Rental Units Is Not Required

Under Maine law requiring radon testifying and disclosure in residential rental units by March 1, 2014, radon mitigation is not required even if the test results exceed 4.0 pCi/l or higher. Nevertheless, radon mitigation is recommended for radon levels of 4.0 pCi/l or higher. If a rental property has high radon levels and the landlord chooses not to mitigate, the statute gives the tenant and the landlord the option of terminating the lease by providing 30 days’ notice.

If the landlord does choose to mitigate, the mitigation must be conducted by a registered mitigation agent; after mitigation has been completed, the new lower radon levels must be disclosed to tenants. landlord who fails to provide the required radon notification, falsifies the results of a radon test, or fails to test in accordance with the radon protocols may be liable for a breach of the implied warranty of fitness for human habitation under the statute.

Violation of the statute may also result in a fine of not more than $250 per violation.