Radon Testing Rules for New Hampshire Landlords

Radon is a colorless, odorless radioactive gas that can pose serious health risks if it builds up indoors. In New Hampshire, renters have a right to live in a safe and healthy environment, and state law addresses radon testing requirements for rental housing. This article explains what these rules mean for tenants, the landlord's obligations, and how renters can take action if needed.

Understanding Radon in New Hampshire Rentals

Radon occurs naturally in soil and can enter homes through cracks in floors or walls. Exposure to unsafe levels over time significantly increases the risk of lung cancer. The New Hampshire Department of Health and Human Services supports radon testing and mitigation to protect public health.

Are Landlords Required to Test for Radon?

As of 2024, New Hampshire law does not require landlords to test rental properties for radon or to provide radon test results to tenants by default. However, important health and safety laws still apply, and there are situations where radon information and mitigation become critical.

When Radon Law Applies in Rentals

• New Construction or Major Renovation: All new residential buildings (including rentals) must have radon-resistant features as outlined in state building codes.^[1]
• If a Test Has Been Conducted: If the landlord has tested and discovers radon at or above 4.0 pCi/L (EPA action level), they should disclose this information to tenants and consider mitigation for health and safety.
• Warranty of Habitability: Under New Hampshire RSA 540-A:3, landlords must provide rentals that are safe and fit to live in, which can include addressing dangerous radon levels if discovered.

In short, while landlords do not have an automatic legal duty to test for radon, they must address known dangers and maintain basic health standards under state law.^[2]

Notification and Disclosure Requirements

Landlords are required to disclose known hazards that can affect habitability. If a rental has tested positive for high radon, tenants have the right to know and may request mitigation.

• There is no official statewide radon disclosure form for rentals, but renters can request written confirmation of test results or any mitigation steps taken.
• If you are concerned about radon, you can ask your landlord if any testing has been done in the past and request to see those results.

Your Options as a Renter

• You can conduct a do-it-yourself radon test in your unit (test kits are available at hardware stores or through state programs).
• If results are 4.0 pCi/L or higher, notify your landlord in writing.
• If your landlord does not respond, you may contact the NH Department of Health and Human Services Radon Program for guidance.

What If There’s a Dispute?

If you believe your landlord is ignoring a serious radon risk, you have rights under New Hampshire’s warranty of habitability. You can file a complaint, withhold rent only in very limited situations, or seek help from the state’s landlord-tenant dispute system.

Relevant Forms and Where to File

• NH Judicial Branch: Landlord & Tenant Writ (NHJB-2333-DP)
  Used if either party initiates an eviction or tenant files a counterclaim related to habitability, including health hazards. Get the official form and instructions.
  Example: If your landlord issues an eviction notice due to a radon complaint, you may respond with this writ, raising health concerns as a defense.
• NH DHHS Radon Complaint/Inquiry
  There is no formal state complaint form for rentals; renters may contact the NH Radon Program directly for enforcement or advice.

The main official body handling tenancy disputes in New Hampshire is the NH District Court, Landlord and Tenant Division. This court oversees all landlord and tenant matters, including habitability claims.

Summary: What Renters Should Know

In New Hampshire, while landlords are not mandated to conduct routine radon testing, they are responsible for addressing known health hazards. Tenants can investigate, request information, and seek state agency help if they believe they’re at risk.

FAQ

1. Are landlords in New Hampshire legally required to test for radon?
   No, there is currently no state law requiring routine radon testing in rental units. However, if a test is done and levels are high, landlords must address it under general safety laws.
2. What can I do if I think my rental has high radon?
   You can buy an at-home radon test, share results with your landlord, and ask for mitigation. If an issue isn’t addressed, contact the state health department or consider contacting the local court system for help.
3. Does my landlord have to tell me if a property has tested high for radon?
   Landlords must disclose known health hazards, including prior radon results over 4.0 pCi/L, but they are not required to test regularly or for each new tenant.
4. Where can I get official help for a radon issue in my rental?
   Contact the NH DHHS Radon Program or the NH District Court, Landlord and Tenant Division for formal disputes.
5. Does high radon mean I can break my lease?
   Not automatically. You can ask your landlord to address the problem under the warranty of habitability. Major unresolved risks could be grounds for further legal action or withholding rent, but only with court approval.

Need Help? Resources for Renters

• NH Department of Health and Human Services – Radon Program: Expert guidance, advice on test kits, and renter information.
• NH District Court, Landlord and Tenant Division: Handles rental disputes, habitability claims, and eviction matters.
• New Hampshire Housing Finance Authority – Renter Resources: Rental assistance and tenant education.

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1. NH Department of Health and Human Services Radon Program: official radon information
2. NH Revised Statutes Annotated (RSA 540-A:3) – Landlord's Obligation to Maintain Premises
3. NH District Court – Landlord and Tenant Writ guidance

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