Understanding radon and tenant rights in Ontario
Radon is an invisible gas that can build up in homes. Tenants have a right to a safe living environment, and landlords generally have duties to maintain a rental unit in a good state of repair under the Residential Tenancies Act, 2006 [2]. If you suspect elevated radon, start by asking the landlord to test or allow testing on the property. If a landlord refuses or does not act after you provide results, you may be able to bring the issue to the Landlord and Tenant Board [1].
Who should arrange and pay for testing and mitigation?
There is no single automatic rule that every landlord must test every unit proactively, but landlords are responsible for maintaining habitability. Many tenants ask the landlord to provide or pay for testing, or to allow a tenant-contracted test. Health Canada and Ontario publish guidance on testing methods and acceptable levels for long-term tests [3][4]. If mitigation is required, landlords are generally expected to arrange and pay for corrective work where the building systems or structure cause the hazard.
How to request testing or repairs
- Send a clear written request to the landlord asking for radon testing, including where and when you would like the test done.
- Keep copies of the request, test kit receipts, photos of placement, and the final report as evidence.
- Allow reasonable access for testing and for any mitigation work; offer convenient times in your message.
- If the landlord refuses or fails to act after a reasonable time, consider applying to the Landlord and Tenant Board for a remedy.
Filing an application or complaint
If informal requests do not resolve the issue, you can apply to the Landlord and Tenant Board. The Board handles disputes about repairs and maintenance and enforces rights under the Residential Tenancies Act, 2006 [1][2]. The Board offers forms and guidance for tenants on how to file an application; check the official forms page for the correct application type and instructions [5].
Practical tips for tenants
- Use a long-term (90+ day) test kit for reliable results and follow placement instructions from Health Canada.
- Share results with the landlord in writing and keep dated copies.
- If you need help understanding forms or next steps, contact tenant support services or the Landlord and Tenant Board.
For more on general property safety and tenant obligations see Health and Safety Issues Every Tenant Should Know When Renting. For a quick overview of rights specific to Ontario, consult Tenant Rights and Landlord Rights in Ontario. You can also find rental listings if you are moving and want to consider units with better radon testing information: Find rental homes across Canada on Houseme.
FAQ
- Can a landlord refuse radon testing?
- Landlords can sometimes refuse a specific request, but they must maintain habitability; if you have elevated results and the landlord refuses to mitigate, you can pursue remedies through the Landlord and Tenant Board.
- Who pays for mitigation if radon levels are high?
- Responsibility often falls to the landlord when the building requires structural changes; discuss options and, if needed, seek a Board decision.
- How long should I leave a radon test in place?
- Health authorities recommend long-term testing for at least 90 days to get an accurate average level.
How-To
- Order an approved long-term radon test kit and read the instructions carefully.
- Place the kit on the lowest lived-in level in a central location away from drafts, windows, and doors.
- Leave the kit undisturbed for the recommended period (usually 90 days) and then seal it per the instructions.
- Send the kit to the lab if required, keep copies of the report, and provide the landlord with the results in writing.
- If the landlord does not act, consider applying to the Landlord and Tenant Board using the correct application form.
Key Takeaways
- Tenants have a right to a safe unit and should document testing and requests for mitigation.
- Use long-term tests for reliable radon readings and keep dated records of reports.
- If informal resolution fails, the Landlord and Tenant Board can hear disputes under the Residential Tenancies Act.
