North Dakota Landlords: Radon Testing Rules & Renter Rights

North Dakota renters deserve a safe and healthy home. Radon, a naturally occurring radioactive gas, can build up indoors and pose health risks when present at high levels. Knowing your rights about radon testing and landlord responsibilities in North Dakota helps you protect yourself and your loved ones.

What Is Radon and Why Does It Matter for Renters?

Radon is a colorless, odorless gas that can enter homes through cracks in foundations or floors. Prolonged exposure to high radon levels increases the risk of lung cancer. The U.S. Environmental Protection Agency (EPA) recommends fixing homes with levels at or above 4 pCi/L (picocuries per liter).

Are Landlords in North Dakota Required to Test for Radon?

Currently, North Dakota law does not require landlords to test for radon or provide radon disclosure to tenants. However, state and federal agencies strongly encourage both tenants and landlords to address potential radon issues for health and safety.

• There is no state-mandated radon testing or mitigation requirement for residential rental properties as of 2024.
• Landlords must provide safe and habitable housing according to North Dakota Century Code - Landlord and Tenant Act.
• You can ask your landlord to voluntarily test for radon. If health risks are proven, a landlord may be expected to address the issue for a habitable home.

What Should Renters Do If Concerned About Radon?

• You have the right to purchase an EPA-approved radon test kit and test your rental unit yourself.
• Share any results with your landlord and keep a written record for your safety.
• If high levels are confirmed, request repairs in writing to safeguard your home environment. The landlord's general duty to maintain a fit premises could apply in some situations.

Official Forms and How to Use Them

While North Dakota does not provide a specific radon complaint form for renters, you may need to use general landlord-tenant forms if you want to report an issue or make a formal request:

• Notice to Landlord of Repairs Needed (no standard state form): Send a written letter or email to your landlord describing your radon results and requesting repairs.
• Complaint to Local Health Department: If you believe your landlord is not addressing a serious health hazard, contact your local public health unit via the North Dakota Department of Health's Local Health Units directory.

Practical example: If your radon test shows high levels, you can write a dated letter to your landlord asking for radon mitigation, then forward any unresolved concerns to your local health unit as needed.

Understanding Your Rights Under North Dakota Law

The key state legislation protecting renters is the North Dakota Century Code Chapter 47-16 (Landlord and Tenant Act). This code ensures your right to a "fit premises" and outlines processes for making complaints if your home is unsafe.

Tenant-landlord issues, including disputes about safe housing, are handled by North Dakota State Courts, typically at the District Court level.

Steps to Take if You Suspect a Radon Problem

If you believe radon is present and dangerously high in your rental:

• Purchase and use a radon test kit (available at hardware stores or online).
• Document your findings and send a copy of the results to your landlord in writing.
• Ask your landlord to address the hazard as part of their duty to provide fit premises.
• If the landlord doesn’t respond, document your communications and contact your local health unit for guidance or pursue your rights in North Dakota District Court.

Frequently Asked Questions

1. Are landlords in North Dakota legally required to test for radon?
   No, North Dakota law does not require landlords to test for or disclose radon in rental units.
2. Can I test my rental for radon myself?
   Yes, renters are allowed to buy and use their own radon test kits in their unit.
3. What can I do if my rental tests high for radon?
   Notify your landlord in writing, provide the results, and request mitigation. If unresolved, contact your local health department for guidance.
4. Is there a specific form to report a radon problem in North Dakota?
   No, but you should send a dated, written request to your landlord and then reach out to your local health unit if needed.
5. What state agency can assist with tenant complaints?
   The North Dakota State Courts handle rental disputes, and local health units may address health risks.

Key Takeaways for North Dakota Renters

• There is no law requiring landlords to test for or disclose radon, but safe housing remains your right.
• You can test your own unit, document results, and ask for remediation.
• Know your options: communicate clearly with your landlord and reach out to local or state officials if unresolved.

Need Help? Resources for Renters

• North Dakota State Courts – Tenant-Landlord Dispute Info
• North Dakota Century Code Chapter 47-16 (Landlord and Tenant Act)
• List of Local Public Health Units in North Dakota
• ND Department of Labor – Landlord-Tenant Resources

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1. North Dakota Century Code - Landlord and Tenant Act
2. EPA Radon and State Contact Map
3. North Dakota Department of Health – Local Health Units Directory
4. North Dakota State Courts
5. ND Department of Labor – Landlord-Tenant Resources

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