Delaware Landlord Radon Testing Laws: What Renters Need to Know

Radon is a naturally occurring radioactive gas that can seep into homes and apartments, posing serious health risks. As a renter in Delaware, it's important to know what landlords must do about radon testing and how this can affect your right to a healthy living environment. Understanding your options can help you protect your family and make informed rental decisions.

Delaware Law on Landlord Radon Testing

Unlike some states, Delaware does not currently require landlords to test for radon or disclose the presence of radon in rental properties. However, federal and state agencies recommend radon testing because long-term exposure can lead to serious health concerns, including lung cancer. The Delaware Division of Public Health encourages testing, especially for ground-level and basement units.

• No legal mandate for landlords to test or remediate for radon.
• Landlords are still obligated to provide "fit and habitable" housing under the Delaware Landlord-Tenant Code.
• Renters may request radon testing or take steps to test personally.

What Is Radon and Why Should Renters Care?

Radon is a colorless, odorless, and tasteless gas that can build up indoors. The U.S. Environmental Protection Agency (EPA) has set guidelines for safe radon levels. Testing is the only way to know if your rental unit is affected. Delaware renters have found elevated radon in various counties. High levels should be addressed by the property owner to maintain habitability, even if not specifically required by law.

Landlord Obligations Under Delaware Rental Law

While radon is not named specifically in law, landlords in Delaware must keep rental units safe, sanitary, and habitable:

• Comply with all building and health codes (Section 5303 of the Delaware Landlord-Tenant Code)
• Address health hazards that make a property unfit for occupancy
• Investigate and, when necessary, repair conditions that threaten tenant safety

If you believe excessive radon is creating an uninhabitable condition and your landlord is unresponsive, you can take further action—see below for forms and steps.

Official Forms for Renters

No radon-specific landlord forms exist in Delaware, but if your property has a safety problem (including suspected radon exposure), you can use these key options:

• Delaware Consumer Complaint Form (via Delaware Department of Justice, Consumer Protection Unit):
  • Delaware Consumer Complaint Form
  • Use this to report unresolved landlord health or safety issues, including radon.
  • Example: If you've notified your landlord about a possible radon concern and no action is taken, submit this form for government review.
• Delaware Justice of the Peace Court – Landlord-Tenant Complaint:
  • This is used if you're seeking to enforce your right to repairs, safe living conditions, or to defend against eviction related to complaints.
  • See Complaint Form Summary Process (Landlord-Tenant) – Form CF01
  • Example: If hazardous conditions (such as radon) aren't fixed, you may file this form to ask the court to order repairs.

Relevant Tribunal for Rental Disputes

Delaware's Justice of the Peace Court handles residential tenancy disputes, including habitability and health complaints.

How to Address Radon Concerns as a Renter

If you're concerned about radon in your Delaware rental unit, consider the following steps:

• Ask your landlord if the property has been tested for radon.
• Purchase a low-cost radon test kit (available at hardware stores or through the Delaware Radon Program).
• Share the results and your health concerns with your landlord in writing.
• If no action is taken and levels are high, file a Consumer Complaint or Justice of the Peace Court action as detailed above.

Keeping a written record makes it easier to protect your rights if you need to escalate concerns.

FAQ: Delaware Renters and Radon

1. Do Delaware landlords have to test for radon?
   No, landlords are not legally required to test or remediate for radon, but they must maintain habitable living conditions under the law.
2. Can I require my landlord to fix high radon levels?
   While the law doesn’t specifically mention radon, you can request repairs if it creates an unsafe environment, using the Delaware Justice of the Peace Court if needed.
3. What should I do if I find high radon in my rental?
   Notify your landlord, confirm results, and if unresolved, file a complaint with the state or the Justice of the Peace Court.
4. Which tribunal handles rental health complaints in Delaware?
   The Justice of the Peace Court oversees residential tenancy disputes.
5. Where can I get a radon test kit in Delaware?
   Obtain test kits from hardware stores or through the Delaware Radon Program.

Conclusion: Key Takeaways for Delaware Renters

• While not legally required, radon testing is strongly encouraged for your health and safety.
• Delaware law protects tenants’ right to a "fit and habitable" home, which can include addressing high radon.
• Document your communications and use official complaint channels if problems are not resolved.

Understanding your rights and available resources is essential for staying safe in your rental home.

Need Help? Resources for Renters

• Delaware Radon Program (Delaware Division of Public Health)
• Justice of the Peace Court (Delaware) – Residential rental disputes
• Delaware Consumer Protection Unit Complaint Form
• Delaware Landlord-Tenant Code (Current Law)

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1. Delaware Landlord-Tenant Code, Title 25, Chapter 53
2. Delaware Radon Program – Delaware Division of Public Health
3. Justice of the Peace Court – Delaware Courts
4. Delaware Consumer Complaint Form – Attorney General
5. Justice of the Peace Court: Summary Process Form CF01

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