Radon Testing Rules for North Carolina Landlords

Renters in North Carolina deserve a healthy living environment. Radon—a naturally occurring, radioactive gas—can enter homes and increase lung cancer risk. Knowing your rights and your landlord’s responsibilities regarding radon testing helps you stay safe.

What Is Radon and Why Does It Matter for Renters?

Radon is a colorless, odorless, tasteless gas that can seep into buildings from the ground. Prolonged exposure increases the chance of lung cancer, even in non-smokers. Testing for radon is important in North Carolina due to varying radon levels across the state. The U.S. Environmental Protection Agency (EPA) warns that radon is a serious health risk if left unmanaged.

Are Landlords Legally Required to Test for Radon in North Carolina?

As of 2024, North Carolina law does not require landlords to test for or disclose radon levels before or during your lease¹. However, landlords are responsible under North Carolina General Statutes Chapter 42: Landlord and Tenant Law to maintain safe and habitable rental properties. If radon is discovered and is at a dangerous level, it may fall under the landlord's general duty to address hazardous conditions.

Some local governments or housing providers may choose to conduct radon testing voluntarily. The North Carolina Department of Health and Human Services encourages all property owners, including landlords, to test buildings for radon.

How Can Renters Find Out If Their Home Has Been Tested?

• Ask Your Landlord: You can request information about any recent radon tests and their results.
• Check Local Records: Some counties may keep records for publicly funded housing.
• Conduct a Test Yourself: The North Carolina Radon Program offers low-cost radon test kits. Visit the official NC Radon Program website.

What to Do If You Suspect High Radon Levels

If you believe your rental unit may have elevated radon, follow these steps:

• Obtain a radon test kit from an official source—like the NC DHHS Radon Program—and test your residence.
• If results are 4.0 pCi/L or higher (the EPA action level), inform your landlord in writing.
• Request that the landlord take action to reduce radon as part of providing a habitable dwelling.

Relevant Forms for Renters in North Carolina

• NC Tenant Complaint Form: If you believe your landlord is not addressing hazardous conditions (like unsafe radon), you may submit a complaint to your county's housing code enforcement office.
  Practical example: If your landlord refuses to respond to a written request regarding high radon, this form may be appropriate.
  Find county-specific forms and contacts through your local Department of Social Services office.

Note: There is no state-wide 'Radon Disclosure' form required for rental properties in North Carolina as of 2024.

Which Tribunal Handles Tenant–Landlord Disputes in North Carolina?

The North Carolina Judicial Branch handles residential tenancy disputes—including safety and habitability. Cases usually go through the Small Claims Court (part of District Court) in your local county.

What Does North Carolina Tenancy Law Say?

North Carolina General Statutes, Chapter 42: Landlord and Tenant Law outline the rights and duties of both parties. While radon is not named specifically, the law requires landlords to keep rental property in a fit and habitable condition, which may include addressing significant health hazards if discovered.

FAQ

1. Does my landlord have to test for radon in North Carolina?
   No, North Carolina law does not require landlords to test for or disclose radon levels before renting, but they must keep the property habitable.
2. What can I do if I discover high radon in my rental?
   Notify your landlord in writing and request remediation. If ignored, contact your county housing authority or file a complaint in Small Claims Court.
3. Are there any official forms for radon disclosures in NC rentals?
   No, as of 2024, North Carolina does not require radon disclosure forms for residential rentals.
4. Who do I contact for housing safety problems in North Carolina?
   Start with your landlord. If not addressed, contact your local county housing code enforcement or file a case with the District Court.
5. Can I test for radon myself as a renter?
   Yes. The North Carolina Radon Program provides affordable test kits directly to renters and homeowners.

Conclusion: Key Takeaways for North Carolina Renters

• No legal requirement for routine radon testing or disclosure by landlords in North Carolina as of 2024.
• You can and should test for radon yourself—if unsafe, notify your landlord in writing.
• Landlords must keep properties habitable, which may include addressing dangerous radon if you provide evidence.

Being aware, testing for radon, and knowing how to communicate with your landlord protects your health and your rights as a renter.

Need Help? Resources for Renters

• North Carolina Radon Program (NC DHHS): Order test kits and find educational resources.
• North Carolina General Statutes – Landlord and Tenant Law
• North Carolina Judicial Branch: Information on filing court cases related to tenancy and habitability.
• County Social Services Contact List: Find your local authority for habitability complaints.

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1. See: North Carolina General Statutes § 42-42: Landlord to provide fit premises
2. Learn more at the North Carolina Radon Program
3. Official tenant complaint routes: North Carolina Judicial Branch and your local DSS office

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