Nebraska Radon Testing Rules: What Renters Need to Know

Many Nebraska renters want a safe and healthy home, but radon—a naturally occurring gas that can cause lung cancer—poses a hidden risk in some properties. Knowing Nebraska’s radon testing requirements for landlords helps renters feel empowered and protected. This article breaks down what your landlord must do, your rights, and where to get help.

Understanding Radon and Rental Property Safety in Nebraska

Radon is an invisible, odorless radioactive gas that naturally occurs in soil and rock. It can enter homes through cracks or gaps in foundations. The Nebraska Residential Landlord and Tenant Act protects renters’ rights to a habitable property, meaning your home must be safe and meet state health standards.^[1]

Are Landlords Required to Test for Radon in Nebraska?

As of 2024, Nebraska law does not require private landlords to conduct radon testing or mitigation in most residential rental properties. However, state law does require landlords to maintain properties in a safe and sanitary condition, which could extend to radon issues if they become known (Nebraska Revised Statute 76-1419). Local ordinances or federal funding may include specific radon guidelines for subsidized or public housing, so be sure to check your lease and area requirements.

Radon Disclosure Laws in Nebraska

Under the Nebraska Radon Resistant New Construction Act, sellers (not landlords) must provide a radon disclosure in certain real estate transactions. At this time, landlords are generally not required to disclose past radon testing results to tenants in Nebraska unless included voluntarily in your rental agreement or local law says otherwise.^[2]

Can I Request Radon Testing as a Renter?

Yes, you may request your landlord to test for radon—especially if you have health concerns or live in an area the Nebraska Department of Health and Human Services (DHHS) Radon Program identifies as high risk.

• Submit your request in writing for documentation.
• Your landlord is not legally required to agree, but some may do so as a courtesy or health precaution.
• Renters may choose to perform their own radon test kits, but check your lease for any restrictions on making modifications or installing testing devices.

What If My Rental Tests High for Radon?

If a test finds radon levels at or above 4.0 pCi/L (picocuries per liter), the EPA recommends mitigation. Nebraska law does not currently mandate landlords to reduce radon in most rentals. However:

• If your health is threatened (for example, a doctor says radon makes your illness worse), you may have added protections under local fair housing laws or disability accommodations.
• You can request repairs or mitigation through your landlord, referencing your rights to habitability under Nebraska law.
• Keep copies of all communications and test results for your records.

Are There Official Forms for Radon Issues?

Currently, Nebraska does not offer state-issued forms specifically for renters regarding radon inquiries, complaints, or disclosures. However, the following forms may be useful in related situations:

• Notice to Landlord of a Condition Affecting Habitability (No official form; a written letter suffices): Use if you believe radon poses a safety risk and want your landlord to take action. Clearly describe the issue, attach any radon test results, and keep a signed and dated copy. See Nebraska Attorney General's Landlord-Tenant Resource for tips on how to write a formal letter.
• Tenant Complaint Form (for local housing authority): Some cities or counties may provide specific complaint forms. Check your local housing department’s website or call for details.

For general safety or landlord-tenant concerns, you may also use the Nebraska DHHS Radon Inquiry form for radon-specific advice.

Who Oversees Tenant Complaints and Disputes?

The state’s primary authority for rental disputes is the Nebraska County Court system. For landlord-tenant issues including habitability and urgent safety complaints, cases may be brought under the Nebraska Residential Landlord and Tenant Act.

Frequently Asked Questions About Radon and Rental Properties in Nebraska

1. Are Nebraska landlords required to test my rental for radon?
   As of 2024, Nebraska law does not require landlords to test rental units for radon, though you may request testing or provide your own results.
2. What should I do if my rental has high radon levels?
   Notify your landlord in writing, attach test results, and ask about mitigation. Consider speaking with the DHHS Radon Program or a local housing authority if you feel unsafe.
3. Can I break my lease if there is radon in my apartment?
   Radon alone may not be grounds for breaking a lease unless it creates serious habitability problems that the landlord refuses to address. Seek legal advice for your situation.
4. Is there a government form for Nebraska radon complaints?
   There is no statewide tenant complaint form for radon issues; write a letter to your landlord, and contact local housing authorities for further steps.
5. Who do I contact about unsafe living conditions due to radon?
   Start with your landlord, then contact your local housing department or the Nebraska DHHS Radon Program for help or advice.

Key Takeaways for Nebraska Renters

• Nebraska does not require routine radon testing in rentals, but landlords must keep the unit safe.
• Document concerns and test results in writing for any health or habitability issues.
• Contact your local housing authority or Nebraska DHHS for guidance if you suspect unsafe radon levels.

Stay proactive—knowing your rights helps you maintain a healthier home.

Need Help? Resources for Renters

• Nebraska Department of Health and Human Services Radon Program – Information and contact for radon safety in rentals.
• Nebraska Attorney General—Landlord/Tenant – Consumer rights guidance under state law.
• Nebraska County Courts – Handles landlord-tenant disputes under the Nebraska Residential Landlord and Tenant Act.
• DHHS Radon Inquiry – Submit questions about radon in rental properties.

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1. Nebraska Residential Landlord and Tenant Act
2. Nebraska Radon Resistant New Construction Act

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