Florida Landlords and Radon Testing: What Renters Need to Know

As a renter in Florida, it's important to understand your rights when it comes to environmental health and safety, especially regarding radon gas. Radon is a naturally occurring radioactive gas that can pose significant health risks if present at unsafe levels indoors. This article explains what Florida law requires of landlords about radon testing and disclosures, and how renters can protect themselves.

Understanding Radon and Its Risks

Radon is odorless and invisible but can enter homes through cracks and gaps in foundations. Long-term exposure to high radon levels can increase the risk of lung cancer, even in non-smokers. The Florida Department of Health (FDOH) Radon Program provides education and resources for Florida residents and property owners.

Do Landlords in Florida Have to Test for Radon?

Florida law does not require landlords to perform radon testing in most residential rental properties. However, landlords are required to provide renters with a specific radon disclosure at the time of lease signing. This applies to all residential rental agreements in Florida, regardless of whether the property has been tested for radon.

Mandatory Radon Disclosure Requirement

Under Florida Statutes, landlords must include an official radon warning statement in all rental agreements. This disclosure informs tenants about the potential presence and hazards of radon gas, but does not mean the property has been tested or that radon is confirmed to be present.

• The disclosure text must appear before or at the time of signing the lease.
• This applies to houses, apartments, condos, and all rental properties in Florida.
• If your lease does not contain this disclosure, it may be a violation of Florida law.

What Does the Official Radon Warning Look Like?

According to Florida Statutes Section 404.056(5), the required language is:

"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit."

Is Radon Testing Ever Required for Florida Rentals?

There are some exceptions where radon testing is required in Florida:

• State-licensed, regulated, or operated facilities (such as certain child care centers, nursing homes, or hospitals) may be required to conduct periodic radon testing.
• For typical residential apartments, condos, and homes rented to private individuals, there is no mandatory testing requirement.

If you are renting from or living in a state-licensed facility, ask management about their radon testing schedule.

What Can Renters Do If They're Concerned About Radon?

Even if not required, renters can take steps to address radon concerns:

• Purchase a low-cost radon test kit from a hardware store or order a radon test kit through the FDOH.
• If high levels are detected, notify your landlord in writing and request remediation. While Florida law does not mandate mitigation in rentals, landlords still have a duty to maintain safe premises under the Florida Residential Landlord and Tenant Act.
• If your landlord fails to address serious safety hazards, you may contact local code enforcement or the Florida Department of Health.

Relevant Official Forms and How They Are Used

• Florida Lease / Rental Agreement (No Official Number):
  • When you sign a lease in Florida, it must include the official radon warning statement (as above).
  • Review your lease carefully for the required language. If missing, raise this with your landlord or property management.
  • Sample templates with this language are available from the Florida Courts Self-Help Center (see "Landlord/Tenant" section).
• Complaint to Local Code Enforcement (No Official Number):
  • If a landlord doesn't meet health and safety obligations (including serious radon concerns), you may file a complaint with your city or county code enforcement office.
  • Each local government has its own process. Find your local office through the State of Florida Government Directory.

Which Tribunal Handles Landlord-Tenant Disputes in Florida?

Landlord-tenant disputes, including health and safety issues, are handled by the Florida County Courts. You can learn more or find your county court on this page.

Key Legislation for Florida Renters

• Florida Statutes Chapter 83: Landlord and Tenant
• Florida Statutes Section 404.056: Radon Testing and Disclosure

Frequently Asked Questions

1. Does my Florida landlord have to test my apartment for radon?
   No. Unless you live in a state-licensed facility, Florida law does not require landlords to test for radon in most residential rentals.
2. Is my landlord required to tell me if there is radon in my rental?
   All Florida leases must include the official radon warning statement, but landlords only need to disclose known radon test results if asked.
3. Can I request my landlord to test for radon?
   Yes, you can ask. Landlords are not required to comply, but many will cooperate if politely requested or if you offer to cover the cost.
4. What if my lease doesn't have the radon warning statement?
   You should bring this to your landlord's attention and ask for a corrected agreement. The law requires this disclosure to be provided at or before signing.
5. Where can I get a radon test kit in Florida?
   Order from the Florida Department of Health's Radon Program or many hardware and home improvement stores.

Conclusion: Main Takeaways for Florida Renters

• Landlords in Florida must provide a radon disclosure but are not required to test typical rental properties for radon.
• If you're concerned, you may test your home and discuss results with your landlord.
• Always check your lease for the correct radon warning language – if it's missing, ask for a revision.

Staying informed helps you advocate for safer living conditions and ensures your lease meets Florida health and safety rules.

Need Help? Resources for Renters

• Florida Department of Health: Radon Program
• Order a Radon Test Kit in Florida
• Florida Statutes: Radon Disclosure Requirements
• Florida County Courts – Landlord/Tenant Disputes
• Local city or county code enforcement – see your local government website via the State of Florida directory

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1. Florida Statutes Section 404.056: Radon Testing and Disclosure
2. Florida Residential Landlord and Tenant Act
3. Florida Department of Health Radon Program
4. Florida County Courts

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