[RPPTL LandTen] Radon Gas Disclosure

Wed Jun 18 09:17:32 PDT 2014

Technically, isn't any violation of Chapter 404 regarding radon a felony? I could see Fla Dept of Law Enforcement having a Radon Notice Task Force and rounding up attorneys who forget the notice in a lease or sale contract. And many form sale contracts are incorrect because they quote the old language about county public health unit instead of county health department.

Eric D. Rapkin
Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999
Dir: 954.759.8962 | Main: 954.463.2700 | Cell: 305.343.6129 | Fax: 954.847.5350
eric.rapkin at akerman.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Bob Wunker
Sent: Wednesday, June 18, 2014 12:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Radon Gas Disclosure

It seems to me the Johnson v Davis and its progeny for undisclosed, and with radon a covert hazardous, conditions would apply.  Radon is estimated to cause about 21,000 lung cancer deaths per year, according to EPA's 2003 Assessment of Risks from Radon in Homes (EPA 402-R-03-003)<http://www.epa.gov/radon/risk_assessment.html>.  Risk of lung cancer from radon is significantly increased for smokers, and even former smokers.  Thus, the legal remedy for failure to warn would seem to be a personal injury or wrongful death action if such result developed.  I don't know of a statutory or regulatory remedy for failure to give the notice however.  Giving the notice is a protective measure thus putting a lessee or buyer on notice to test for radon or bear the risk.

If a lessee tests and discovers radon to be at an unacceptable level, the lessee might be able to negotiate a modification of the financial cost of the lease and require the landlord to rehabilitate the premises.

Robert L. Wunker
Cell: 561-866-4544

On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin <CHoskin at esclaw.com<mailto:CHoskin at esclaw.com>> wrote:
I sent this around yesterday and only got one response asking me to tell them what I found out.  I was competing with UPL of eviction forms preparers.

Can anyone direct me to legal authority for a remedy for failure to give the Radon Gas Disclosure in a commercial lease?  Thanks.

Chuck Hoskin

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