Arizona Renters: Radon Testing Laws and Landlord Duties

If you’re renting a home or apartment in Arizona, you may wonder about radon—a naturally occurring gas that can impact your health. Understanding your rights regarding radon testing and what landlords must do to keep rental housing safe is important for protecting yourself and your loved ones. This article explains Arizona laws about radon, landlord obligations, and what renters should know if they’re concerned about exposure.

What Is Radon and Why Does It Matter?

Radon is an invisible, odorless radioactive gas released from soil and rock. Long-term exposure to high levels in homes has been linked to lung cancer. The Environmental Protection Agency (EPA) recommends remediation if radon levels reach or exceed 4.0 picocuries per liter (pCi/L) indoors. You can learn more from EPA Radon Resources.

Arizona Laws on Radon Testing and Landlord Responsibilities

As of 2024, Arizona does not have any state law that requires landlords to test for or address radon in rental properties. There are currently:

• No legal requirement for landlords to conduct radon testing before you move in or during your tenancy
• No state-issued forms for radon disclosure or testing results
• No state law compelling landlords to pay for radon mitigation if high levels are found

However, landlords must provide safe and habitable housing under Arizona’s main rental law, the Arizona Residential Landlord and Tenant Act (Title 33, Chapter 10)^[1]. This means the property should be reasonably safe, with working plumbing, heat, and free from significant health hazards.

What Can Renters Do About Radon?

Even without state-required testing, you have options if you’re concerned:

• Ask your landlord if the unit has ever been tested. They are not required by law to provide this information, but some property owners may have voluntarily tested.
• Test the rental yourself. Reliable DIY test kits are available for about $20–$30 at hardware stores or through Arizona Department of Health Services Radon Program.
• Contact the landlord in writing if you discover unsafe levels. While not obligated to fix it by radon law, they may act to retain good renters or satisfy general habitability duties.

How Habitability Laws Might Apply to Radon

The core requirement for landlords is to keep homes habitable according to ARS § 33-1324. Radon is not specifically mentioned, but if very high radon levels make the rental unsafe, you may be able to:

• Request repairs or mitigation in writing
• Ask the local city or county code enforcement or health department for advice
• Seek further support, as detailed below

Before taking any major steps (like withholding rent), review Arizona’s laws or consult a legal resource, as improper action can risk your tenancy.

Are There Official Forms for Radon Issues?

Arizona does not provide official forms for radon complaints or disclosure. However, if a renter feels the home is unsafe (for any serious maintenance issue), you may use:

• Arizona Tenant Complaint Forms for health, safety, and maintenance complaints. These forms are not specific to radon, but you can state your radon concern under the description of the problem.
• Example use: If you test your rental and the result shows 8.0 pCi/L of radon, you could submit a "Notice of Unsafe or Unhealthy Conditions" to your landlord, documenting the risk and requesting action. There is no official form number, so clearly describe the problem and request a written response.

Which Agency Handles Tenant-Landlord Disputes?

The Arizona Superior Court manages residential rental disputes, including habitability claims. Tenants may also contact their local city or county housing department for help with unsafe conditions.

FAQ: Radon Testing and Rental Properties in Arizona

1. Are Arizona landlords legally required to test for radon?
   No. As of 2024, landlords in Arizona are not required by state law to test for radon before or during your tenancy.
2. Can I ask my landlord to pay for a radon test?
   Yes—you can request it, but landlords are not obligated by law to pay for testing or remediation unless local conditions require it for habitability.
3. If a test shows high radon, what should I do?
   Write to your landlord with documentation of the results and ask if they will address the problem. Save a copy of any correspondence.
4. Where can I get a low-cost radon test kit in Arizona?
   Order a kit from the Arizona Department of Health Services website, sometimes at no or reduced cost.
5. Who handles landlord-tenant disputes over health and safety?
   The Arizona Superior Court is the tribunal for residential tenancy issues.

Summary: What Arizona Renters Should Know About Radon

• Arizona does not require landlords to test for or fix radon issues by law.
• Landlords must keep rentals generally safe, so extremely high radon could fall under habitability rules.
• Tenants may test independently and request mitigation, but action by the landlord is not guaranteed unless local codes say otherwise.

If you're worried about radon, take proactive steps by testing and documenting, and reach out for help if needed.

Need Help? Resources for Renters in Arizona

• Arizona Department of Health Services Radon Program – Information, test kits, and contacts for radon concerns.
• Arizona Superior Court Landlord-Tenant Dispute Forms – For habitability issues.
• Arizona Department of Housing – Statewide rental and tenant help.
• Arizona Legal Aid Services – Free or low-cost legal assistance on rental concerns.
• Contact your city or county housing/code enforcement office for local enforcement help.

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1. Arizona Residential Landlord and Tenant Act (Title 33, Chapter 10)
2. Landlord's Duties for Habitable Housing (ARS § 33-1324)
3. Arizona Department of Health Services – Radon
4. Arizona Superior Court Landlord-Tenant Disputes

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