What are my rights as a tenant to have high radon levels corrected?

If you are a tenant, you can ask you landlord if a radon test has been done. If not, ask him/her to pay for a test kit. If they refuse, you will have to purchase one on your own. Be sure that you or the landlord purchases a kit that is approved by the Canadian National Radon Proficiency (CNRP) Program. Also, test results must be sent to a certified lab.  The price of most test kits includes the cost to analyze the results. Details on the label of the test kit should provide information about the CNRP-program and whether results go to a CNRP-certified lab. For example, the test kit information on the Take Action on Radon website will be reliable. 

Keep copies of test results as well as copies of receipts for test kits or test results. Keep written records of conversations with your landlord and ask your landlord for a copy of the test result. In Ontario, as a tenant you have the legal right to a dwelling that is in good repair. If your radon test shows a level above Health Canada’s guideline, ask your landlord to correct the problem by following Health Canada’s recommendations. Details are available in the publication entitled Reducing Radon Levels in Existing Homes: A Canadian Guide for Professional Contractors, available through Health Canada’s website.

If your radon test shows a level above 200 becquerels per cubic metre of air and your landlord refuses to correct the problem, we suggest you contact your local public health department to see if they can assist. Ask for an inspector to investigate the situation. If the matter remains unresolved, seek legal advice. In Ontario, you can contact a local legal aid clinic or the Advocacy Centre for Tenants Ontario or at 1-866-245-4182. The Residential Tenancies Act does not address radon directly. However, it does require that landlords keep residential units safe and in good repair.

Last updated June 2017