Radon Testing Laws: What New Mexico Renters Need to Know

Radon is a colorless, odorless radioactive gas that can pose serious health risks. If you're renting in New Mexico, knowing your rights and your landlord's responsibilities for radon testing is important to your health and safety. This guide explains the current rules for radon testing in New Mexico rental homes and what steps you can take if you have concerns.

What is Radon and Why Should Renters Care?

Radon occurs naturally and can enter homes through cracks and openings in the foundation. Long-term exposure to high radon levels increases the risk of lung cancer. The U.S. Environmental Protection Agency (EPA) recommends testing homes for radon and taking action if levels are above 4 picocuries per liter (pCi/L).

Are Landlords in New Mexico Required to Test for Radon?

Currently, there is no explicit New Mexico state law that requires landlords to test for radon or disclose radon levels to tenants. However, landlords are obligated under New Mexico’s state landlord-tenant law to provide safe and habitable housing, which could be interpreted to include addressing known radon problems.

• New Mexico Uniform Owner-Resident Relations Act requires landlords to maintain premises in a safe and habitable condition. See New Mexico Statutes Annotated Chapter 47, Article 8.
• Landlords are not required to proactively test for radon but must address potential hazards if made aware of them.

While landlords are not compelled by law to test, the EPA encourages everyone—landlords and tenants—to test for radon for peace of mind and safety.

What Can Renters Do if They Suspect High Radon Levels?

If you’re concerned about radon in your rental, you have the right to request information from your landlord. You can also purchase an affordable radon test kit yourself. If high levels are detected (above 4 pCi/L), notify your landlord in writing with your results.

If your landlord refuses to take action, you can report habitability concerns to the local housing authority or pursue remedial steps under the Uniform Owner-Resident Relations Act.

Official New Mexico Forms and How They Apply to Renters

While there are no statewide radon-specific forms for New Mexico renters or landlords, general habitability complaint processes are available. Here are the main forms relevant to habitability issues:

• Name: Tenant's Written Notice of Habitability Issue
  When to Use: If you discover unsafe living conditions (such as confirmed high radon levels), notify your landlord in writing.
  Example: "After testing, I found radon levels above EPA safety limits. I am requesting remediation as required by law."
• Name: Petition or Complaint to Magistrate or Metropolitan Court
  When to Use: If your landlord fails to act, you may file a complaint. This is not a statewide fillable form, but materials and instructions are available from your local court.
  Official Source: New Mexico Courts Self-Help Resources

For court complaints, renters usually file through the New Mexico Magistrate Court or Metropolitan Court, or seek mediation services.

New Mexico Tribunal for Residential Tenancies

Rental disputes in New Mexico are handled by the county-level Magistrate or Metropolitan Courts, not a dedicated tenancy tribunal. You can access contact information and procedures on the New Mexico Courts Portal.

What Does the Uniform Owner-Resident Relations Act Say?

While the Act does not mention radon by name, it does require landlords to maintain rental units so they are fit for habitation. Section 47-8-20(a)(2) states landlords must "make all repairs and do whatever is necessary to put and keep the premises in a safe condition." For more, read the New Mexico Uniform Owner-Resident Relations Act.
If a serious safety hazard like confirmed high radon is not addressed, tenants may have legal grounds to request repairs or seek court help.

Suggested Steps for Renters Concerned About Radon

• Ask your landlord if the rental has ever been tested for radon.
• Test your rental using an EPA-listed radon test kit if you are concerned.
• Report high radon levels to your landlord with written documentation of test results.
• If the landlord does not respond, send a formal written notice requesting remediation.
• If there is still no response or repair after a reasonable time, consider filing a complaint in local Magistrate or Metropolitan Court.

While New Mexico does not have clear-cut radon testing requirements for landlords, renters are protected by general habitability laws and should address concerns quickly and formally.

Frequently Asked Questions

1. Are landlords in New Mexico legally required to test rentals for radon?
   No, there is no current statewide law requiring radon testing or disclosure. However, landlords must provide safe, habitable housing under the Uniform Owner-Resident Relations Act.
2. What should I do if I think my rental has high radon levels?
   Test your rental unit, inform your landlord of the results in writing, and request mitigation. If your landlord does not respond, you may file a complaint with your local court.
3. Which tribunal or board handles rental housing disputes in New Mexico?
   The New Mexico Magistrate or Metropolitan Courts handle landlord-tenant disputes. Visit the New Mexico Courts Portal for more details.
4. Can I break my lease if my landlord won’t address high radon levels?
   Possibly—but only after following all formal notice requirements and giving the landlord a reasonable opportunity to fix the issue, as outlined by the Uniform Owner-Resident Relations Act.
5. Where can I find radon test kits or professionals in New Mexico?
   The EPA maintains a list of approved test kits and professionals at Find Radon Test Kits.

Need Help? Resources for Renters

• New Mexico Courts Portal—Find your local court for filing landlord-tenant complaints
• New Mexico Housing Search Help Center—Assistance with finding safe, healthy rentals
• New Mexico Environment Department Radon Program—State radon information and resources
• EPA Radon Resources—National guidance and test kit information

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1. New Mexico Uniform Owner-Resident Relations Act
2. U.S. Environmental Protection Agency: Radon
3. New Mexico Environment Department: Radon
4. New Mexico Courts Self-Help Center

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