What Renters Need to Know About Radon Testing by Kentucky Landlords

Radon is a naturally occurring radioactive gas that can seep into homes, posing health risks, especially with long-term exposure. As a renter in Kentucky, understanding your rights and your landlord’s responsibilities about radon testing is an important step in ensuring a safe living environment. Here’s what you need to know about the health and safety standards for radon testing in rental properties across Kentucky.

Radon and Rental Housing in Kentucky

While radon is found throughout the United States, its presence can vary by region. In Kentucky, there are areas with higher average levels, making awareness and mitigation especially important. Radon is colorless and odorless, so testing is the only way to know if it’s an issue in your rental unit.

Are Landlords Required to Test for Radon in Kentucky?

As of 2024, Kentucky law does not require landlords to test for radon in residential rental properties unless the local city or county has enacted a specific ordinance. However, all landlords have a general legal duty to provide rental housing that is safe and habitable under the Kentucky Uniform Residential Landlord and Tenant Act (URLTA) where adopted^[1]. High levels of radon could be considered a health hazard.

• Most Kentucky counties do not require radon testing. Always check with your local health department for updates.
• Some cities, like Lexington, have guidance and may recommend, but not currently require, landlord radon testing.

How Can Renters Take Action on Radon Concerns?

If you are concerned about radon in your home:

• Contact your local health department or the Kentucky Radon Program for a free radon test kit in many counties.
• If test results are above recommended levels (4.0 pCi/L), inform your landlord in writing and request appropriate action.
• Landlords may not be legally required to mitigate, but failure to address hazardous conditions can violate the general duty to maintain a habitable environment in areas covered by the URLTA.

Tip: Always keep a copy of any letters or emails you send to your landlord regarding radon concerns. Documenting communication helps protect your rights if you need to take further action.

Official Forms and How to Use Them

• Notice of Repair or Habitability Concern (No official form number)
  When to use: If your rental is covered by URLTA and you believe high radon is making your home unsafe, you can use a general Tenant Repair Request template (from Lexington-Fayette Urban County Government) to notify your landlord in writing.
  Example: If a radon test in your apartment is above safe levels, fill out the form, describe the issue, and give a reasonable deadline for repair. Send the form to your landlord and keep a copy for yourself.

Who Oversees Kentucky Rental Housing?

Disputes or unsafe conditions in URLTA jurisdictions may be handled by the district court or local housing code enforcement. For example, Lexington Code Enforcement investigates safety and code violations for rental properties in Lexington-Fayette County.
For statewide guidance on landlord-tenant disputes, visit the Kentucky Family Court system or your county's District Court.

Relevant Legislation

• The Kentucky Uniform Residential Landlord and Tenant Act (URLTA) governs rental housing standards in many, but not all, Kentucky cities and counties.
• For cities not covered by URLTA, local housing codes and general state statutes on property safety may apply.

It’s important to check with your city or county for additional ordinances or requirements about radon or housing safety.

Frequently Asked Questions (FAQ)

1. Are landlords in Kentucky required to test for radon?
   No, Kentucky state law does not require radon testing by landlords unless required by local city or county ordinance.
2. What should I do if I discover high radon levels in my rental?
   Notify your landlord in writing using a repair request form or letter, and provide a copy of the test results to document the issue.
3. What is considered a "safe" radon level?
   The U.S. Environmental Protection Agency (EPA) recommends action if radon levels are 4.0 pCi/L or higher.
4. Who can I contact if my landlord does not address high radon?
   In areas that have adopted the URLTA, you can contact your local housing code enforcement office or seek resolution through the district court system.
5. Where can I get a free radon test kit in Kentucky?
   Many local health departments and the Kentucky Radon Program offer free or low-cost kits to residents.

Conclusion: What Kentucky Renters Should Remember

• Landlords in Kentucky are not required by state law to conduct radon testing in rentals, but they must provide safe housing under the URLTA where adopted.
• If you are concerned about radon, take advantage of free test kits and document any requests you make to your landlord.
• Contact your local housing or health departments for guidance and support if your concerns aren’t addressed.

Being proactive and informed helps maintain a healthy and safe home environment for you and your household.

Need Help? Resources for Renters

• Kentucky Radon Program – For free radon test kits and advice on mitigation
• Kentucky Family Court Locator – For landlord-tenant dispute filings in URLTA areas
• Lexington Code Enforcement – For rental housing safety complaints in Fayette County
• Tenant Repair Request template (Lexington)
• Kentucky Uniform Residential Landlord and Tenant Act

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1. Kentucky Uniform Residential Landlord and Tenant Act (KRS 383)
2. Kentucky Cabinet for Health and Family Services – Radon
3. U.S. EPA – Radon
4. Kentucky Family Court System
5. Lexington Code Enforcement

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