Idaho Landlords: Radon Testing and Renter Rights

If you are renting a home or apartment in Idaho, you may be concerned about indoor air quality and health hazards. One such hazard is radon—a naturally occurring radioactive gas that can pose risks for long-term exposure. Understanding what Idaho law requires of landlords regarding radon testing will help you know your rights and protect your well-being.

Understanding Radon and Its Health Risks

Radon is a colorless, odorless, radioactive gas found in many homes across the U.S. Over time, breathing in high levels of radon can increase your risk of lung cancer. The U.S. Environmental Protection Agency (EPA) recommends radon testing for all homes, especially at or below the third floor.

Are Idaho Landlords Required to Test for Radon?

As of 2024, Idaho does not have a state law that requires landlords to test for radon or disclose radon test results to renters in residential rental properties.^[1] Instead, radon testing and disclosure are voluntary unless a local city or county ordinance specifically requires it. Most Idaho cities, including Boise, Idaho Falls, and Coeur d’Alene, follow the state’s approach and do not mandate radon testing in rental housing.

What State Law Covers Landlord Health and Safety Duties?

Idaho’s landlord-tenant relationships are primarily regulated by the Idaho Landlord and Tenant Act. This law requires landlords to keep rental properties "fit for human occupation" but does not specifically mention radon testing or mitigation.^[2] However, general habitability and safety must still be maintained. If radon is found to cause a health or safety problem, renters may have options under the general habitability rules.

What Can Idaho Renters Do About Radon Concerns?

Even though landlords are not required by Idaho law to test for radon, renters who are concerned about indoor air quality can take steps to safeguard their health:

• Test for Radon Yourself: Affordable radon test kits are available from hardware stores, online retailers, or the EPA's resources.
• Discuss Results with Your Landlord: If your test reveals radon levels above 4.0 pCi/L (the EPA action level), consider sharing the results with your landlord and requesting mitigation.
• Request Repairs for Habitability: While Idaho law does not mention radon, it does require landlords to provide safe and healthy housing. If you believe radon poses a serious risk, you may request repairs under Idaho's habitability law.

Idaho Official Forms and Example Uses

• 30-Day Notice to Landlord of Unsafe Conditions (no official state form, but written notice is required):
  When used: If you find a hazardous housing condition (like high radon levels), you may write to your landlord, describe the issue, and ask for repairs under Idaho law.
  Example: “Dear Landlord, I tested for radon and found unsafe levels. Please address this hazard within 30 days as required by the Idaho Landlord and Tenant Act.”
  Find habitability requirements in Idaho law.
• Complaint to Local Health Department (local forms vary):
  When used: If the landlord does not respond and you believe there is a public health risk, you may file a complaint with your county public health district.
  Example: “I am renting a home with high radon levels and no action from the landlord. Please assist or inspect.”

Who Handles Landlord-Tenant Issues in Idaho?

The Idaho judicial system handles landlord-tenant disputes, including habitability complaints. Small claims actions are often brought through your local Idaho County Court. There is no central tribunal or landlord-tenant board; disputes are resolved in state courts.

FAQ: Idaho Renters and Radon Testing

1. If I test for radon and find high levels, does my landlord have to fix it?
   Idaho law does not require landlords to mitigate high radon specifically. However, you can request repairs for habitability and may seek help from local health departments or courts if conditions are unsafe.
2. Are landlords required to give me a radon disclosure?
   No, Idaho does not require landlords to provide radon disclosures or test results when renting out a home or apartment.
3. Can I break my lease if I find unsafe radon levels?
   Possibly, but only after giving the landlord written notice and a reasonable opportunity to fix the problem. Seek legal advice before taking this step.
4. Who can I contact in Idaho if my landlord ignores serious health issues?
   You may file a complaint with your local Idaho Health District or contact the Idaho courts for further guidance.
5. Where can I get a low-cost radon test kit?
   You can find test kits through the EPA, hardware stores, or your local health department.

Conclusion: What Idaho Renters Should Know

• Idaho does not require landlords to test for or disclose radon in rentals.
• Tenants can take their own action by testing and notifying landlords if hazardous levels are found.
• If a landlord does not resolve a serious health risk, renters can contact local health authorities and, if needed, pursue court remedies.

Need Help? Resources for Renters

• Idaho Courts (Tenant-Landlord Disputes) – Find your county court for small claims or habitability complaints.
• Idaho Landlord and Tenant Act – Full legal text of Idaho's main rental law.
• Idaho Public Health Districts – Contact your regional health office about housing health and radon concerns.
• EPA: Radon in Homes – Information, test kit resources, and health risk details.

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1. See EPA's state radon laws summary: EPA – State Radon Laws.
2. Idaho Landlord and Tenant Act, Idaho Statutes Title 6, Chapter 3.

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