Cancel Lease w/ Tenant Asking for Radon Test Before Move-In?

Chicago, Illinois
General Landlording & Rental Properties
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Cancel Lease w/ Tenant Asking for Radon Test Before Move-In?

Art M.
Chicago, IL · Member since 2015 · 414 posts · 94 votes

Had a tenant sign the lease and send the move-in fee and 1st month's rent then start asking a bunch of super high-maintenance questions. My favorite is, "Do you have a radon test for me? No worries if not. I can get my own." So he intends to move in, run a $15 Home Depot radon test, and move out if he gets a false positive or reads the test wrong or whatever. Regardless, it speaks to him being a high maintenance person I don't want to rent to. I cancelled a lease once before move-in when it became clear the lady was going to AirBnB it. Just sent her back her money with an email saying her lease is cancelled due to an obvious impending lease violation she revealed in her communication. What's the legality of doing the same here?

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James Hamling
Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
2y

Hey @Art M. here's a "crazy" idea.... How about, IDK, talking to the tenant? Saying "Hey, curious, why all this after the fact of being set in lease?". 

I don't comprehend all this. Go online, vent vent vent, freak out, assume assume assume.... All this time and energy spent vs picking up the phone, calling tenant and saying "Oh hey, curious where all this is coming from, kinda caught me by surprise".     

May be shocked to find out how simple and NOT an issue the answer is, like IDK, tenant's parent/friend really grilled em that they gotta have this done. 

And if ya got radon, you got radon, why the obsession with not knowing? It's really not that big a deal to deal with and once done, it's a feature. 

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  • Art M.
    OP
    Chicago, IL · Member since 2015 · 414 posts · 94 votes
    2y

    @John Warren

    Would appreciate your input, John.

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    Talk to them and let them know that if they have that many concerns, perhaps it isn't a good fit and you're happy to give them all of their money back.  Then give them 72 hours to let you know either way.

    1Reply
  • Art M.
    OP
    Chicago, IL · Member since 2015 · 414 posts · 94 votes
    2y
    Quote from @Theresa Harris:

    Talk to them and let them know that if they have that many concerns, perhaps it isn't a good fit and you're happy to give them all of their money back.  Then give them 72 hours to let you know either way.


     The fact he asked the question tells me all I need to know already. I don't want him in my building.

    0Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    2y

    You signed a lease. Youre bound to it. I highly doubt your lease prohibits tenants from testing for radon.

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  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    2y

    You can't just unilaterally cancel a lease you have already executed. If you have signed and he has received a copy then he will need to agree to cancel; If you haven't signed it's no problem just send him his money back. If the lease is already executed, then he can run whatever radon test he wants and you can argue with him about whether it's a valid test and perhaps depending on your local laws make him prove there is a problem with a better test. I would tell him that that is an unusual request and he should have notified me before we executed and make it plain that I"m unhappy and offer to let him out of the lease. I'm not a lawyer but I bet he could sue you if you don't let him move in and have a case.

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  • Antonio Ornelas Jr
    New to Real Estate · Bay Area, CA · Member since 2024 · 6 posts · 3 votes
    2y

    Does anyone mind explaining what is the radon test would need to be conducted for?

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y
    Quote from @Antonio Ornelas Jr:

    Does anyone mind explaining what is the radon test would need to be conducted for?


     Link to site about radon.  Basically it is a gas that can build up and overtime cause cancer.  Remediation involves venting it out of the home (for lack of a better description).

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Art M.:

    You can't cancel the lease just because they are demanding. However, you are allowed to have a conversation. I would contact them, tell them this may not be a good fit for them, and ask them if they want to cancel and find another rental. If they insist on moving forward, let them know that there will be penalties for signing the lease and then canceling later.

    The time to do radon tests or look for mice or measure the bedrooms was during the inspection period. Once the lease is signed, they've committed.

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  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    2y

    @Art M. cancelling is not as easy as you think, which others have mentioned.

    Being forewarned, you may want to do your own radon test. Or better yet, have a licensed contractor do one.

    That way, you will have proof if the tenant tries to play games with their results. 

    You should also look into your options if a tenant claims radon issue.

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  • Lynn McGeein
    Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    2y

    @Art Maydan. Looks like if it’s Illinois, the reason they’re probably asking is appears there’s a new law for landlord to disclose radon, provide a pamphlet, tenant has right to test and terminate lease if landlord chooses not to mitigate if high levels found. Some states offer free test kits, maybe check that, and if this is the state where your unit is, sounds like you may have to do it anyway for next tenant.

    1Reply
  • Paul De Luca
    Real Estate Agent · Chicago, IL · Member since 2018 · 1k+ posts · 1k+ votes
    2y

    @Art M.

    @Lynn McGeein is correct. What's the big deal if the tenant wants to test for radon? I think it should definitely be done prior to the tenant moving in though to avoid a potentially problematic situation. Even if you get a professional radon test which reads the levels over a period of about 48 hours, they are relatively inexpensive ($150-$250 in my experience).

    1Reply
  • Art M.
    OP
    Chicago, IL · Member since 2015 · 414 posts · 94 votes
    2y

    A lot of you guys are either missing the point or maybe just work with a very different demographic than I typically work with. I manage primarily on the South Side of Chicago. This kid is looking to rent a $1,500 unit in a small multi, not a condo in a building with on-site management. Played this whole 'I'm just a laid-back guy looking for a place to rest my head while I teach these kids history' on some Coach Carter ****. He's requesting a radon test before moving in. He's gonna be quoting the lease to me. He's gonna be sending me pictures of drywall seams asking why the house is falling apart. He's gonna be complaining about how the lawn and snow are done. He's gonna be complaining about pigeon **** on the deck. He's gonna be complaining about noise from his neighbors who are just walking around. It's not about the radon.

    I'm not a slumlord. This is a nice building where everything works properly and the exterior is well taken care of. I take care of maintenance requests in a timely and friendly manner. I'm responsive. I'm reasonably accommodating. I've managed probably a couple thousand tenants over the past 8 years and I know how different people can be and how to be with different people. A radon test was done when we bought the building. I've never once had a tenant ask for a radon test before.

    My question was, 'Can I legally get out of this?' Looks like the answer is no. I'll just make clear to him I won't be accommodating requests I perceive to be unreasonable and that if he's looking for more of a hand-holey type of experience, he should look into a building with a doorman up North. I'll be happy to send him him his money back. If he does move in and give me a headache, I 100% won't renew him.

    I was fired up last night and this was just the straw that broke the camel's back. Slept on it and definitely won't try to cancel his lease. He might be annoying, but he 100% is not the type to destroy my unit or skip out on rent. So my worst case here is a month of vacancy. Which I'll take over a lawsuit I suppose.

    1Reply
  • James Hamling
    Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    2y
    Quote from @Art M.:

    A lot of you guys are either missing the point or maybe just work with a very different demographic than I typically work with. I manage primarily on the South Side of Chicago. This kid is looking to rent a $1,500 unit in a small multi, not a condo in a building with on-site management. Played this whole 'I'm just a laid-back guy looking for a place to rest my head while I teach these kids history' on some Coach Carter ****. He's requesting a radon test before moving in. He's gonna be quoting the lease to me. He's gonna be sending me pictures of drywall seams asking why the house is falling apart. He's gonna be complaining about how the lawn and snow are done. He's gonna be complaining about pigeon **** on the deck. He's gonna be complaining about noise from his neighbors who are just walking around. It's not about the radon.

    I'm not a slumlord. This is a nice building where everything works properly and the exterior is well taken care of. I take care of maintenance requests in a timely and friendly manner. I'm responsive. I'm reasonably accommodating. I've managed probably a couple thousand tenants over the past 8 years and I know how different people can be and how to be with different people. A radon test was done when we bought the building. I've never once had a tenant ask for a radon test before.

    My question was, 'Can I legally get out of this?' Looks like the answer is no. I'll just make clear to him I won't be accommodating requests I perceive to be unreasonable and that if he's looking for more of a hand-holey type of experience, he should look into a building with a doorman up North. I'll be happy to send him him his money back. If he does move in and give me a headache, I 100% won't renew him.

    I was fired up last night and this was just the straw that broke the camel's back. Slept on it and definitely won't try to cancel his lease. He might be annoying, but he 100% is not the type to destroy my unit or skip out on rent. So my worst case here is a month of vacancy. Which I'll take over a lawsuit I suppose.


    2Reply
  • Logan M.
    Investor · Provo, UT · Member since 2016 · 759 posts · 626 votes
    2y

    Radon mitigation is not very expensive, I did it on my home for like $1,200

    1Reply
  • Ray Hage
    Investor · Fort Lauderdale, FL · Member since 2020 · 1k+ posts · 755 votes
    2y

    Good chance you're going to get an annoying tenant. You'll be stuck for a year with little nonsense things. I been there too. They think it is a 5 star hotel

    0Reply
  • Alecia LovelessPro Member
    Member since 2019 · 3k+ posts · 2k+ votes
    2y

    @Art Maydan I live in an area with lots of radon issues due to geographical issues. I do not test for radon in the buildings I buy.

    First, I’d offer him to cancel the lease and refund his money.

    Then, I’d just take a firm stance that repair/maintenance issues with the UNIT will be dealt with quickly and efficiently but that you’re not going to deal with high end requests. (If radon is an issue and you know about it as others have stated the cost to mitigate has gone down significantly and I’d do so).

    I’ve been dealing with a high maintenance tenant for slightly over a year that I’ve suggested three times they’d be happier somewhere else and they should move to no avail. I’ve had probably 200 texts and about 90 phone calls from this tenant since I bought the building one year ago. I finally sent a text that there was to be no more communication via phone or text unless it was a maintenance issue. And that my management, my staff, and the exterior maintenance of the building was off limits. (They’ve been complaining about a utility trailer being parked there and the appearance of a propane tank for weeks.)

    The tenant apologized and has had no complaints since.

    Sometimes a firm, decisive response works wonders.

    0Reply
  • John Warren
    Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    2y

    @Art M. this is a tough one. When does the lease start? Is it coming up soon? We also manage in some rougher areas where a lot more of this behavior is common. One of the main red flags me and the leasing team look for is this type of behavior (picky or litigious). I am not an attorney, but I do know if you haven't given him the keys there is still some hope here. 

    One thing I will say is that radon disclosures are now a thing we need to add to the ever-growing lease packet here in IL. This is a state law, so it doesn't matter where you are in Chicago, suburban Cook, etc. It is possible the guy just read an online article about this or something like that. 

    1Reply
  • Mark AinleyBusiness Member
    Property Manager · Roselle, IL (Chicago Suburb) · Member since 2013 · 2k+ posts · 1k+ votes
    2y

    @Art M. If they are asking those questions now they are looking for leverage which they will do throughout the lease term.  This question should be aimed to an attorney and not us but for the most part the group is right and you do have a signed contract.  If you didn't give them possession of the unit yet there are loopholes but have the attorney sign off on it.  

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  • James Hamling
    Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    2y

    Hey @Art M. here's a "crazy" idea.... How about, IDK, talking to the tenant? Saying "Hey, curious, why all this after the fact of being set in lease?". 

    I don't comprehend all this. Go online, vent vent vent, freak out, assume assume assume.... All this time and energy spent vs picking up the phone, calling tenant and saying "Oh hey, curious where all this is coming from, kinda caught me by surprise".     

    May be shocked to find out how simple and NOT an issue the answer is, like IDK, tenant's parent/friend really grilled em that they gotta have this done. 

    And if ya got radon, you got radon, why the obsession with not knowing? It's really not that big a deal to deal with and once done, it's a feature. 

    4Reply
  • Mark AinleyBusiness Member
    Property Manager · Roselle, IL (Chicago Suburb) · Member since 2013 · 2k+ posts · 1k+ votes
    2y

    @James Hamling I like that.....tought conversations...we to often try to skip that part but that is where you learn everything about a scenario!

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