Michigan Landlords and Radon Testing: What Renters Need to Know

Understanding your rights as a renter in Michigan means knowing about hazards that could affect your health and safety. Radon is a naturally occurring radioactive gas that can build up indoors and may pose a serious health risk if left unchecked. Renters often wonder whether landlords are legally required to test for radon—or what can be done if there are concerns about it. This guide explains current radon testing requirements for Michigan landlords, and helps you navigate what to do if you're worried about radon in your rental home.

Radon: What Is It and Why Should Renters Care?

Radon is a colorless, odorless gas that naturally seeps from soil into buildings. Long-term exposure to high levels of radon can increase the risk of lung cancer. Michigan has several counties with higher average radon levels, which means this issue can affect renters statewide.

Are Landlords Required to Test for Radon in Michigan?

As of 2024, Michigan does not have a statewide law requiring landlords to test rental properties for radon before, during, or after a tenancy. Unlike some other states, Michigan has not adopted a specific requirement for radon disclosure or mitigation in standard rental housing. However, landlords must still provide rental units that are fit for human habitation and reasonably safe under Michigan law.

Your Right to a Safe and Habitable Home

The Michigan landlord-tenant statute, called the Truth in Renting Act (Act 348 of 1978), and the Housing Law of Michigan, require the landlord to maintain their property in a condition that is safe and habitable. While these laws don't name radon specifically, they do obligate landlords to address known health hazards once reported by tenants.

What About Disclosure Forms for Radon?

In Michigan, landlords are not required to use a specific disclosure form for radon in rental properties. Landlords are required to provide a Lead-Based Paint Disclosure form for properties built before 1978, but there is no comparable state form or required notice for radon at this time.

What Should Renters Do If They Are Concerned About Radon?

If you have reason to believe your rental unit may have high radon levels, you can:

• Purchase a radon test kit or hire a certified professional to test the property. Many local health departments in Michigan offer low-cost or free test kits.
• Inform your landlord in writing if test results are above 4.0 pCi/L (the Environmental Protection Agency's recommended action level).
• Request that your landlord take reasonable steps to address identified hazards, as part of their obligation to provide a safe and habitable home.

While they may not be legally required to mitigate radon, some landlords may choose to do so to protect tenant safety and avoid potential liability.

Tribunal for Disputes: Michigan District Court

If you feel that your landlord has failed to respond to serious health or safety hazards, you may take your case to your local Michigan District Court. This is the tribunal responsible for handling residential tenancies, landlord-tenant, and eviction matters in Michigan.

Relevant Official Forms and How to Use Them

• Notice to Repair (No Official Form)
  If you discover high radon levels, provide written notice to your landlord requesting repair or mitigation. Use clear written communication (email, letter) and keep a copy for your records.
• Tenant Complaint Form (for code violations):
  Many Michigan counties and cities offer a Tenant Complaint Form for reporting unresolved code or health safety violations. This is used when the landlord is unresponsive.
  For example, if you notify your landlord about high radon and no action is taken, you can submit this form to your local health or code enforcement office.

FAQ: Radon Testing and Renters' Rights in Michigan

1. Are landlords legally required to test for radon in Michigan?
   No, there is no current Michigan law mandating radon testing in rental properties. However, landlords must provide safe and habitable housing.
2. Can I test for radon as a renter?
   Yes. Renters can purchase inexpensive home radon test kits at local hardware stores, through Michigan health departments, or by hiring a professional.
3. What should I do if my rental unit tests high for radon?
   Notify your landlord in writing, provide the test results, and request mitigation. If the landlord does not respond, contact your local health department or consider filing a complaint.
4. Which government body handles tenant complaints in Michigan?
   For unresolved urgent health or safety issues, contact your local code enforcement office or pursue the matter in your county's District Court.
5. Is there a risk of eviction if I complain about radon?
   Michigan law protects tenants from retaliation for making legitimate complaints about health and safety issues. If you face eviction or threats for reporting such problems, seek legal assistance immediately.

Key Takeaways for Michigan Renters

• Michigan does not currently require landlords to test or disclose radon in rentals.
• You may test for radon yourself, and notify your landlord of unsafe levels.
• Your landlord must maintain a habitable and safe residence, and you can seek help if reasonable safety is not met.

Need Help? Resources for Renters

• Michigan DHHS Housing Complaint Resources
• Michigan Department of Environment, Great Lakes, and Energy (EGLE) Radon Program – Free and low-cost radon test kits, information, and referrals
• Michigan District Court – For filing landlord-tenant actions
• Michigan Legal Help: Renting Your Home

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1. Truth in Renting Act (Act 348 of 1978)
2. Housing Law of Michigan (MCL 125.401 et seq.)
3. Michigan DHHS Complaint Form & Guidelines
4. U.S. EPA – Radon Information and Mitigation Standards

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