Kansas Landlord Radon Testing Rules: What Renters Need to Know

Radon is a naturally occurring radioactive gas that can seep into homes from the soil beneath them. Exposure to high levels of radon over time is a leading cause of lung cancer in non-smokers, so understanding your rights as a renter in Kansas is important. Whether you’re moving into a new apartment or have concerns about the safety of your current home, it’s essential to know what radon testing obligations (if any) Kansas landlords have, and what steps you can take to protect your health.

Are Kansas Landlords Required to Test for Radon?

As of this year, Kansas law does not require landlords to conduct radon testing or mitigation for rental properties. However, some cities or counties within Kansas may have their own specific requirements or recommend testing in areas with known high radon levels. The state does regulate radon measurement and mitigation professionals through the Kansas Department of Health and Environment (KDHE).

What Does This Mean for Renters?

• Landlords in Kansas are not legally required to test for or reduce radon in rental properties.
• If your property was tested and the landlord is aware of elevated radon levels, they could have a general obligation to keep the property safe under the "implied warranty of habitability" in Kansas Residential Landlord and Tenant Act (K.S.A. 58-2547).
• Renters may choose to pay for their own radon test and share the results with the landlord.

What Is the Habitability Standard?

Kansas law requires landlords to make rental housing "habitable," meaning it must be safe and fit to live in. For serious radon issues, you may be able to argue that your home doesn't meet these standards, even though radon is not specifically mentioned in state law.

How Can Renters Get Their Home Tested for Radon?

If you are concerned about radon, you have the right to test your rental. Inexpensive radon test kits can be purchased from hardware stores or ordered directly through the Kansas Department of Health and Environment Radon Program.

• Discuss your concerns with your landlord; some may agree to cover the cost or arrange the test.
• If high radon levels are detected (4.0 pCi/L or higher), share official test results with your landlord and request mitigation steps.
• If the landlord refuses to address a proven significant radon issue, you may contact the local health department for guidance.

Relevant Official Forms

• No specific radon complaint form: There is currently no statewide form for reporting radon concerns or complaints about landlord radon testing.
• General Housing Complaint: Some local Kansas city or county health departments provide forms for reporting general rental property health or safety concerns. For example, tenants in Wichita can use the Wichita Housing Complaint Form. This may be helpful if you believe your rental poses a health risk due to high radon.

Real-life example: If you conduct a radon test, receive results above the EPA action level (4.0 pCi/L), and your landlord does not respond to your request for mitigation, you could submit a general housing complaint in your city or county using the local official form.

What Official Agency Handles Rental Disputes in Kansas?

Rental disputes in Kansas—such as disagreements about the landlord's responsibilities—are primarily handled through Kansas district courts. There is no dedicated residential tenancy tribunal, but renters can file legal action under the Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 et seq.). You can contact your local court or Kansas Attorney General's Consumer Protection Division for guidance.

FAQs on Kansas Radon Testing and Renter Rights

1. Are Kansas landlords legally required to perform radon testing?
   There is no state law requiring Kansas landlords to test for radon. However, renters may request testing or perform it themselves.
2. Can I test my rental home for radon myself?
   Yes. Renters can purchase low-cost radon test kits from the Kansas Department of Health and Environment or local hardware stores and share results with the landlord.
3. What should I do if my rental tests high for radon?
   Share your test results with your landlord in writing, and ask what mitigation steps they can take. If they refuse to help, contact your local health department.
4. Does Kansas law protect renters where high radon is found?
   While there’s no specific protection related to radon, the law does require landlords to maintain "habitable" housing. Serious radon may fall under this standard.
5. Which agency handles landlord-tenant health complaints in Kansas?
   Rental disputes are handled by Kansas district courts under the Kansas Residential Landlord and Tenant Act. General health concerns can also be reported to city or county health departments.

Key Takeaways for Renters

• Kansas landlords are not required by state law to test for or fix radon issues.
• Renters can test for radon on their own and should discuss high results with their landlord.
• Major disputes can be taken to local courts or reported to health departments depending on severity.

Understanding the laws around radon can help you protect your health and communicate effectively with your landlord.

Need Help? Resources for Renters

• Kansas Department of Health and Environment: Radon Program – reliable information on radon testing, health effects, and mitigation.
• Kansas Attorney General Consumer Protection Division – for questions or complaints about landlord obligations.
• Kansas District Courts – to file a dispute under the Kansas landlord-tenant law.
• Local health departments – for submitting housing health and safety complaints (such as the Wichita Housing Complaint system).

---

1. Kansas Residential Landlord and Tenant Act (K.S.A. 58-2540 et seq.)
2. Official Kansas Radon Program (KDHE)
3. Kansas Attorney General Consumer Protection Division

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations