Maryland Landlord Radon Testing Rules: What Renters Need to Know

As a Maryland renter, your home’s safety includes protection from hidden health hazards such as radon gas. Radon is a naturally occurring radioactive gas that can seep into homes from the ground. Chronic exposure to high radon levels increases the risk of lung cancer, so understanding your rights and your landlord’s responsibilities about radon testing in rental properties is important.

What Is Radon and Why Does It Matter for Rentals?

Radon is colorless and odorless, making it impossible to detect without a specific test. The U.S. Environmental Protection Agency (EPA) recommends fixing radon problems for any building with levels above 4 picocuries per liter (pCi/L). High radon levels can create long-term health risks for tenants.

Are Landlords Required to Test for Radon in Maryland?

Maryland law does not currently require landlords statewide to test for radon or to share radon test results with tenants. However, local laws may be stricter. For example, Montgomery County has special rules under Montgomery County Code, Chapter 29, requiring landlords to test single-family and townhouse rental units for radon and to disclose the results to renters.

• Outside of Montgomery County, landlords are not obliged by state law to test for or mitigate radon.
• However, if a landlord is aware of high radon levels, tenants may have rights under Maryland’s "warranty of habitability" law, requiring safe, livable conditions.
• Tenants can always request a radon test, but costs are typically not covered unless stated in the lease.

Radon Disclosure and Testing in Montgomery County

If you rent in Montgomery County, landlords must:

• Test for radon every three years before leasing or renewing a lease of a single-family home or townhouse.
• Disclose the most recent radon test results and provide a copy of the EPA publication, "Home Buyer’s and Seller’s Guide to Radon".

For all Maryland rentals, hazards that make a property unsafe could potentially be addressed through state habitability laws. If high radon levels are detected and a landlord refuses to act, tenants have certain options to protect their health.

Your Rights and What to Do If There Is a Radon Problem

If you discover high radon in your Maryland rental:

• Communicate the issue in writing to your landlord, providing copies of any test results.
• Request in writing that the landlord take action to reduce radon levels. Retain copies for your records.
• If the landlord does not resolve a serious hazard, tenants in Maryland may file a "rent escrow" action with the District Court of Maryland – Landlord & Tenant Division (the main residential tribunal).

Official Forms for Renters

• Rent Escrow Petition (DC-CV-083):
  Used when requesting a court to compel the landlord to repair health or safety hazards, including radon.
  Official Rent Escrow Petition Form
  How to use: If your rental unit tests high for radon and your landlord won’t address it, you can file this form at your local District Court. Include proof (test results, written requests) and details about the hazard. The court may order repairs or let you pay rent into escrow until the issue is fixed.

Summary of Relevant Maryland Laws and Tribunals

• Statewide habitability rules: Maryland Code, Real Property §8-211 – Repair of Dangerous Defects
• District Court of Maryland, Landlord & Tenant Division: Main body for tenant complaints, rent escrow cases, and disputes. Learn more and access forms
• Montgomery County tenants: See Montgomery County Radon Requirements

FAQ: Radon Testing and Your Maryland Rental

1. Does Maryland law require all landlords to test for radon?
   No. Only Montgomery County requires radon testing and disclosure in certain rentals. Statewide, there is no mandate for landlords to test for or correct radon.
2. What should I do if I believe my rental unit has high radon?
   Test the property, notify your landlord in writing about any concerning results, and request repairs. If unresolved, you may file a rent escrow petition with the local District Court.
3. Who pays for radon testing in Maryland rentals?
   Unless your lease states otherwise or you live in an area with specific local laws, the tenant is usually responsible for testing costs. Montgomery County landlords must pay for required tests.
4. Where can I find official radon information for Maryland renters?
   Check the Maryland Department of the Environment’s radon page and your local housing department for area-specific requirements.

Key Takeaways for Maryland Renters

• State law does not require universal radon testing by landlords, but Montgomery County has stricter rules.
• If radon hazards make your rental unsafe, you may have remedies under Maryland’s habitability laws, including rent escrow.
• Use official forms like the Rent Escrow Petition and contact the District Court for help if your landlord is unresponsive to serious safety concerns.

Need Help? Resources for Renters

• District Court of Maryland – Landlord & Tenant Resources (handles rent escrow, repairs, disputes)
• Maryland Department of the Environment – Radon Information
• Montgomery County Radon Disclosure Rules and Contacts
• People’s Law Library of Maryland – Tenant Guide on Radon

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1. Maryland Code, Real Property §8-211: Repair of Dangerous Defects, Warranty of Habitability
2. District Court of Maryland, Landlord & Tenant Division
3. Montgomery County Code, Chapter 29 – Radon Requirements for Rentals
4. Rent Escrow Petition, Form DC-CV-083
5. Maryland Department of the Environment – Radon Information

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