Arkansas Landlord Radon Testing Obligations Explained

Understanding the safety standards for rental housing is crucial for Arkansas renters. One common health concern is radon, a naturally occurring gas that can put residents at risk if it accumulates indoors. Many renters wonder if landlords in Arkansas are required to test for radon, how to request information, and where to find support if there are concerns about air quality. This guide covers your rights regarding radon in rental properties throughout Arkansas.

What Is Radon and Why Does It Matter for Renters?

Radon is a colorless, odorless radioactive gas produced by the natural breakdown of uranium in soil, rock, and water. When radon enters homes—often through foundation cracks—it can build up to dangerous levels. Long-term radon exposure is a leading cause of lung cancer among non-smokers, according to the U.S. Environmental Protection Agency (EPA).

Are Arkansas Landlords Required to Test Rentals for Radon?

Currently, Arkansas law does not require landlords to test for radon in rental properties or disclose radon levels to tenants. State legislation and housing codes do not address landlord obligations related to radon testing, mitigation, or notification for residential leases.^[1]

• No mandatory radon testing: Landlords are not required by Arkansas law to conduct radon tests before renting a unit.
• No disclosure requirement: There is no legal obligation for landlords to inform renters about radon concentrations, even if tests have been done previously.
• No state-mandated mitigation: If a radon problem is found, landlords are not specifically required by law to address it, though they may have duties under general health and safety or repair standards.

Some landlords may choose to conduct radon testing voluntarily, and renters can always request information or permission to perform their own tests for peace of mind.

When Can Radon Issues Become a Landlord's Responsibility?

Although there is no specific Arkansas radon testing law for rental housing, landlords must still maintain a habitable property under general health and safety codes. If radon is found at dangerous levels and can demonstrate a risk to health or a breach of habitability, renters may have options to request repairs.

The main legal framework for landlord-tenant relations in Arkansas is the Arkansas Residential Landlord-Tenant Act of 2007.^[1] While it does not mention radon directly, it does require landlords to keep rental properties in "fit and habitable condition" in certain cities and situations.

What Can Renters Do if They Suspect High Radon Levels?

If you're concerned about possible radon in your home:

• Communicate with your landlord: Politely request information about any prior testing or express your concerns in writing.
• Test the property yourself: Affordable radon test kits are available at local hardware stores or through Arkansas Department of Health resources. The Arkansas Indoor Radon Program provides guidance.
• Document your findings: If test results show high radon, share a copy with your landlord and request action.
• If you believe radon levels make the property unsafe and the landlord refuses to address the issue, you may reach out to the relevant code enforcement agency or seek legal advice from the Arkansas Legal Services.

Official Forms and Health Complaints in Arkansas

At this time, Arkansas does not have an official state form specifically for renter radon concerns, testing requests, or radon disclosure from landlords. If your home presents a health or safety hazard (including high radon, in some cities), you can:

• Contact your local public health unit to report unsafe living conditions.
• File a complaint with your city or county code enforcement office if your community has local habitability or health ordinances.
• Incorporate radon requests into repair requests or written communications with your landlord.

No Arkansas Residential Landlord-Tenant Act official form addresses radon. For general complaints about habitability, contact the Arkansas Residential Landlord-Tenant Act of 2007 (Title 18, Chapter 17).

Relevant Tribunal or Board in Arkansas

Unlike some states, Arkansas does not have a specialized rental housing tribunal or board. Most landlord-tenant disputes (including habitability) are handled in local district courts in Arkansas. For more information, visit the Arkansas Judiciary website.

Frequently Asked Questions

1. Are landlords in Arkansas legally required to test for radon?
   No, Arkansas law does not require landlords to test for radon in rental properties or to disclose past radon test results to renters.
2. How can I test my apartment for radon in Arkansas?
   You can purchase a radon test kit from a hardware store or reach out to the Arkansas Indoor Radon Program for low-cost or free resources. Follow the test instructions and share results with your landlord if concerned.
3. What should I do if my rental unit has high radon levels?
   Inform your landlord in writing, share the test results, and request action. If your landlord is unresponsive and you believe your health is at risk, contact your local code enforcement office or public health unit.
4. Is there a specific complaint form for radon in Arkansas rentals?
   No, Arkansas does not offer a dedicated radon complaint form for tenants. Use general health or habitability complaint processes with your local agency.

Conclusion

• Arkansas landlords are not required by law to test for or disclose radon in rental properties.
• Renters concerned about radon should communicate with their landlord and consider independent testing.
• If health and safety are compromised, contact local authorities or seek legal help for further action.

Need Help? Resources for Renters

• Arkansas Department of Health - Indoor Radon Program: Free radon information and resources.
• Arkansas Residential Landlord-Tenant Act of 2007: Key state legislation for renter and landlord obligations.
• Arkansas Legal Services: Free legal help and advice for low-income renters.
• Arkansas Judiciary: Information about district courts handling tenant cases statewide.

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1. See the Arkansas Residential Landlord-Tenant Act of 2007 for landlord and tenant standards. No current statute mandates radon testing or disclosure.
2. Health and rental codes: Contact your local public health unit for habitability or safety concerns in your area.

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