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Radon in apartment, mitigation system installed and still high levels

Discussion in 'Other Residential Landlord & Tenant Issues' started by Sheila6566, Dec 6, 2021.

  1. Sheila6566

    Sheila6566 Law Topic Starter New Member

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    Jurisdiction:
    Massachusetts
    My husband and I live in a fairly new complex, in July 2021 a note was left on door stating a mitigation contractor will be installing a system to vent all buildings due to radon present. When I spoke to the property manager, she said there is no concern, it was dealt with and would not provide any information. I called the state radon hotline, they supplied me 2 tests, they were performed and the radon levels are very high(6.2). We have lived here 2.5 years and feel unsafe. What would be our best route to be able to move without all the expences because we are not financially able to come up with about 5000. to move?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    The high radon count may rise to a habitability issue that gives you a right to break your lease and leave. Nobody is going to give you any money to help you move and you'll probably lose your deposit.

    The only thing I found in the MA statutes is this:

    Massachusetts General Laws Chapter 186, Section 19 (2019) - Notice to Landlord of Unsafe Condition; Tort Actions for Injuries Resulting From Uncorrected Condition :: 2019 Massachusetts General Laws :: US Codes and Statutes :: US Law :: Justia

    Note that you have to put the LL on written notice of the defect and he then has a reasonable amount of time to correct the defect. Give that a try and cite the statute in your notice.

    The only remedy available to you is if you get injured by the defect. Unfortunately, you won't know if you get lung cancer from the radon level until many years in the future the chances of which, according to the chart from the EPA, are not very great.

    Health Risk of Radon | US EPA

    You might call the Radon hotline again and see if the state will impose sanctions on the LL due to those levels or provide you with some form of advice.

    Bottom line, though, there is no money in this for you.
     
  3. zddoodah

    zddoodah Well-Known Member

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    When does your current lease expire?
     

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