Indiana Landlord Obligations: Radon Testing and Rental Health Standards

Radon is a colorless, odorless gas that can build up indoors and increase long-term health risks like lung cancer. If you're renting in Indiana, you might wonder if your landlord has to test for or address radon. Understanding your rights and landlord responsibilities under Indiana law can help you make informed decisions about your health and safety at home.

Radon Risks and Rental Housing in Indiana

Radon occurs naturally in soil and can seep into homes through cracks and openings. The Indiana Department of Health recognizes that some parts of the state have elevated radon risk levels. The U.S. Environmental Protection Agency (EPA) recommends radon testing in all homes, but what does state law require for rental properties?

Are Landlords Legally Required to Test for Radon in Indiana?

As of 2024, Indiana law does not require landlords to test for radon in rental units or to disclose radon levels to tenants, unless testing has already been conducted and results are known. However, Indiana landlords are legally responsible for maintaining rental units in a safe and habitable condition. This requirement includes addressing any serious health and safety hazards once the landlord is notified about them.^[1]

• There is no statewide mandatory radon testing or mitigation law for landlords in Indiana
• If a radon test was done and the landlord knows about high levels, some local ordinances or lease agreements may require disclosure
• Federal requirements apply if the property is funded by HUD or certain government programs; check with your local housing authority or HUD office for details

Your Right to a Safe and Habitable Home

While there is no direct radon testing mandate, the Indiana Code states that all rental housing must be kept in a condition that is safe and sanitary. If radon is an issue and you alert your landlord, they must respond reasonably to address potential health or safety hazards.

What Can Renters Do About Radon Concerns?

If you're worried about radon in your home, here are practical steps you can take:

• Check official Indiana radon maps and information to see if your county is at higher risk
• Purchase an at-home radon test kit (widely available online and at hardware stores, or through Indiana Department of Health links)
• Notify your landlord in writing if you discover elevated radon levels so they can investigate further
• If your landlord refuses to address a serious health hazard, you may file a formal complaint (see below)

Official Complaint Process and Forms

If your landlord does not respond to reports of unsafe conditions (including radon concerns, if testing indicates a health hazard), you may take action by:

• Contacting your local city or county health department to report a safety hazard
• Using the Indiana Attorney General Consumer Complaint Form to address unaddressed safety or rental issues
• Seeking assistance from the court through Indiana's Emergency Possession or Complaint for Rent Withholding process if your home is not habitable

Relevant Form: Indiana Attorney General Consumer Complaint Form

• When/How to Use: Use this form if your landlord fails to remedy a serious and ongoing health or safety risk, and communication has broken down. For example, if you provide them with radon test results showing dangerous gas levels and they ignore your requests, you may file a complaint.
• Find the Indiana Consumer Complaint Form here

Which Tribunal Handles Rental Disputes?

Indiana landlord-tenant issues, including habitability and health concerns, are handled by local civil courts (usually Superior or Circuit Courts in your county). There is no central landlord-tenant tribunal in Indiana, but renters can seek legal help through their local court system. For more, see the Indiana Judiciary Landlord-Tenant Self-Service Center.

Key Tenancy Legislation

The main law is Indiana Code Title 32, Article 31 – Landlord-Tenant Relations, which outlines your rights to safe housing, landlord obligations, and dispute processes.^[1]

FAQ: Indiana Radon Testing and Your Rental Home

1. Are Indiana landlords required by law to test rental properties for radon?
   No, Indiana does not require landlords to test for or disclose radon in most residential rentals, but safe and habitable housing is still required by law.
2. Can I do my own radon testing as a tenant?
   Yes. Tenants are allowed to test their own rental for radon, and can share the results with the landlord to request action if a hazard is found.
3. What should I do if I find high radon levels in my rental?
   Notify your landlord in writing as soon as possible. Request prompt action to address the risk. If there's no response, contact your local health department or file a formal complaint.
4. Does the lease agreement override state law regarding radon?
   No lease can remove your basic rights under Indiana law, but if the lease gives added radon protections (such as requiring testing), those terms are binding on your landlord.
5. Where can I file a complaint if my landlord ignores serious safety hazards?
   Start with the Indiana Attorney General Consumer Complaint Form or your local court. See Indiana’s official complaint page.

Key Takeaways for Indiana Renters

• Indiana does not require landlords to test rental homes for radon, but safe and habitable housing is required.
• Test your home yourself if you’re concerned, and alert your landlord about serious hazards in writing.
• If your landlord does not act, you have the right to file a formal complaint or seek court intervention.

Staying informed and taking steps if you face health and safety concerns ensures you can protect yourself and your household.

Need Help? Resources for Renters

• Indiana Department of Health – Radon Information and Resources
• Indiana Judiciary Landlord-Tenant Self-Service Center for information on court processes
• Indiana Attorney General – Consumer Complaint Form
• HUD Indiana: Tenants’ Rights and Fair Housing
• For local help, contact your city or county health department

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1. Indiana Code Title 32, Article 31 – Landlord-Tenant Relations

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