What is Radon?

The natural decay of Uranium in rocks, soil, and groundwater produces Radon, a radioactive gas. A home’s foundation and cracks allow Radon Gas to enter. Houses trap gas inside, which can increase to unsafe levels. The substance is colorless, odorless, and tasteless. In non-smokers, radon is the leading cause of lung cancer.

Radon levels are high in most of Colorado and Wyoming. Tests are the only way to determine how much radon is in a home. It is recommended that a home or building be tested every two years by the EPA. Every year, more than 20,000 people die from breathing Radon Gas.

When to Test

Any time of the year is a good time to have your home tested. It is recommended to have a home tested for unsafe levels before purchasing it. Radon mitigation systems can bring any home’s radon level down to a safe level if levels are too high.

Radon is especially prominent during fall, and landlords should test and mitigate quickly during this tome of year to avoid any problems with Warranty of Habitability. Please speak to us if you need more information.

January is National Radon Action Month.”

On August 7, 2023, SB23-206 Concerning Information about Radon in Residential Real Property Transactions, goes into effect. The law requires that each sales contract for a residential property contain the following, or a substantially similar, disclosure in bold faced type:

THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STRONGLY RECOMMENDS THAT ALL HOME BUYERS HAVE AN INDOOR RADON TEST PERFORMED BEFORE PURCHASING RESIDENTIAL REAL PROPERTY AND RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF ELEVATED RADON CONCENTRATIONS ARE FOUND. ELEVATED RADON CONCENTRATIONS CAN BE REDUCED BY A RADON MITIGATION PROFESSIONAL.

RESIDENTIAL REAL PROPERTY MAY PRESENT EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING RADON-INDUCED LUNG CANCER. RADON, A CLASS A HUMAN CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG CANCER OVERALL. THE SELLER OF RESIDENTIAL REAL PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY KNOWN INFORMATION ON RADON TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY.

The new law also requires that the sales contract or seller’s property disclosure for residential real property contain the following disclosures:

Does the property have a radon test;
Records or reports concerning the radon concentrations in the property;
Radon concentrations detected, mitigation or remediation performed; and
Whether radon mitigation systems have been installed on the property; and

Provide an electronic or paper copy of the most recent brochure published by the Colorado Department of Public Health and Environment that provides advice about radon in residential real estate transactions.

The new law also applies to residential lease transactions. Before a tenant signs a lease for residential real property, the landlord must provide a document to the tenant as above.

The Landlord’s knowledge of radon concentrations, including the following information:

Whether a radon test or tests have been conducted on the property;
The most current records and reports pertaining to radon concentrations within the property;
A description of any radon concentrations detected or mitigation or remediation performed;
Information about any radon mitigation system, including a system description and documentation, if a radon mitigation system has been installed; and

It is the tenant’s responsibility to acknowledge receipt of the disclosure by signing it. The tenant may cancel the lease agreement and vacate the property if the landlord does not provide the required disclosures, or does not make a reasonable effort to mitigate radon within 180 days after receiving a notification from a radon mitigation professional that the air concentration of radon is four (4) picocuries per liter or higher. Leases of one year or less in duration will not be eligible for this remedy after January 1, 2026. A landlord breaches the warranty of habitability if the required disclosure is not made.