Radon Testing Rules for Montana Landlords and Renters

Montana renters deserve safe and healthy living conditions. Radon, a naturally occurring radioactive gas, can enter homes and increase health risks. If you're renting in Montana, it's important to know the rules around radon testing in rental properties, your rights, and what landlords are required to do under state law.

Understanding Radon and Rental Housing in Montana

Radon is a colorless, odorless gas linked to serious health risks, including lung cancer. The Environmental Protection Agency (EPA) recommends action if indoor radon levels test at or above 4.0 pCi/L (picocuries per liter). In Montana, many areas have higher-than-average radon levels, making this an important health and safety concern for renters and landlords alike.

Are Landlords Required to Test for Radon in Montana?

As of 2024, Montana law does not require landlords to test for radon before or during a tenancy. However, landlords are obligated to provide safe and habitable rental units. If you suspect high radon or believe it impacts your health and safety, you can request voluntary testing, or conduct your own using a certified kit.

There are no mandatory landlord-specific radon disclosure or remediation regulations currently in effect under Montana law. However, if a landlord is aware of high radon levels that may create an unsafe living environment, they could be required to address this under Montana’s habitability standards outlined in the Montana Residential Landlord and Tenant Act¹.

What Are Habitability and Health Standards?

Habitability means your home is safe, sanitary, and fit to live in. Montana law requires the landlord to:

• Keep common areas clean and safe
• Maintain the premises to comply with health and safety codes
• Make repairs necessary to keep the unit habitable

While radon is not directly addressed in the Montana Residential Landlord and Tenant Act, it may be covered if it interferes with your health or makes the unit unsafe.

Your Right to Request Radon Testing or Remediation

Even though radon testing isn't required by law, renters concerned about radon should take action. Here are the steps you can follow:

• Contact your landlord in writing to request radon testing, especially if your property is in a high-risk area (see Montana Radon Risk Map).
• If your landlord refuses, you may purchase and use a radon test kit yourself (these are available from hardware stores or through the Montana Department of Public Health and Human Services).
• If unsafe levels are present, provide test results to your landlord and request remediation.
• If your complaint about habitability is not addressed, you may submit a dispute to the appropriate state body (details below).

Always keep records of communication for your protection.

Relevant Official Forms and Where to Find Them

• Tenant Repair Request: Montana does not mandate a specific state form, but most renters use a Request for Repairs Letter. Send this to your landlord when asking for testing or remediation.
• Complaint Submission Form: To file a dispute about habitability, utilize information and instructions from the Montana Justice Court Directory, as small claims or summary eviction issues are handled at the county level.

Which Tribunal Handles Rental Disputes?

In Montana, rental disputes—including unresolved health and safety complaints—are typically handled by the Montana Justice Courts. Each county has its own justice court. These courts oversee most landlord-tenant disputes, including those involving habitability.

Citing the Relevant Law

The governing law for tenant rights and landlord obligations in Montana is the Montana Residential Landlord and Tenant Act. Review Part 2: Landlord Obligations for details about habitability and duty of care.

Frequently Asked Questions: Radon and Montana Rentals

1. Are Montana landlords legally required to test for radon before renting a property?
   No. There is no specific Montana state law requiring landlords to test for or disclose radon in rentals.
2. What can I do if I believe my rental has high radon levels?
   First, request that your landlord test the property. If they don’t, you can conduct your own test and, if results are high, send the findings to your landlord with a written request for remediation.
3. Which agency or court handles rental habitability disputes in Montana?
   Most landlord-tenant disputes, including habitability, are overseen by the Montana Justice Courts.
4. Is there an official repair or complaint form for radon issues?
   Montana does not provide a state-wide radon complaint form, but a Request for Repairs letter is commonly used. You can also seek legal support from Montana Legal Services Association.
5. If radon is found, is my landlord obligated to fix it?
   While not specifically required by Montana law, landlords must maintain a habitable home. If radon levels make the property unsafe, they may be required to address the problem under habitability standards.

Conclusion: What Montana Renters Should Know

• Montana law does not require landlord radon testing, but habitability standards still protect renter health and safety.
• Document everything: send repair or testing requests in writing and retain records.
• You may use your own radon test kit and seek help from Justice Court or legal aid if unsafe conditions go unresolved.

Understanding these rules helps you protect your health and know your rights as a renter in Montana.

Need Help? Resources for Renters

• Montana Justice Courts directory – Locate your local court for rental disputes.
• Read the Montana Residential Landlord and Tenant Act – Review full tenant and landlord law.
• Montana Department of Public Health and Human Services - Radon – State info, test kit details, and assistance.
• Montana Legal Services Association – Free or low-cost legal support for renters.
• MontanaLawHelp.org: Housing – Information, letter templates, and additional tenant support.

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1. Montana Residential Landlord and Tenant Act

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