South Carolina Landlord Radon Testing Rules Explained

If you rent a home or apartment in South Carolina, knowing the health standards required by law can help ensure your living space stays safe. One health concern that sometimes comes up is radon—a naturally occurring radioactive gas that can seep into buildings from the ground. This article explains what South Carolina law says about landlord radon testing requirements, what your rights are, and where to turn if you have questions or concerns.

Understanding Radon and Residences

Radon is invisible and odorless but can be harmful after long-term exposure. The U.S. Environmental Protection Agency (EPA) highlights radon as a leading cause of lung cancer after smoking. For renters, the question often arises: Is my landlord required to test, disclose, or deal with radon levels?

Current Radon Testing Requirements for Landlords in South Carolina

As of 2024, South Carolina law does not require landlords to test for radon or to provide federal or state radon disclosure forms to tenants prior to or during a lease. There are also no statewide requirements for landlords to mitigate radon if it is discovered in rental properties.

• No legal mandate exists requiring landlords to test rental properties for radon in South Carolina.
• Radon disclosure forms, required in some other states, are not required here.
• General housing habitability standards apply; landlords must provide rental units that are safe and habitable per the South Carolina Residential Landlord and Tenant Act, but radon is not specifically listed.

The state’s Department of Health and Environmental Control (SCDHEC) recommends, but does not legally require, testing for radon, and provides free radon test kits for South Carolina residents. However, a landlord is not required to supply or pay for these tests.

What Should a Renter Do if They Suspect High Radon?

If you’re concerned about radon in your home:

• You can request permission from your landlord to test the property yourself using a free kit from SCDHEC.
• If you discover elevated radon levels, you can notify your landlord and discuss possible next steps, such as mitigation. However, the landlord is not legally required to act unless local city codes demand it.
• Consider reaching out to local health departments to see if any city or county ordinances apply beyond state law.

Relevant Official Forms and Processes

South Carolina does not have a state-mandated radon disclosure or reporting form for landlords or tenants. Below are some helpful resources and options for renters:

• Free Radon Test Kit Request (SCDHEC)
  Order Form: Free Radon Test Kit
  When to Use: Any renter in South Carolina concerned about radon can request a test kit. For example, after moving in, if you want to check your home’s air, fill out and submit the online order form to SCDHEC. Your landlord’s approval is suggested but not legally required for testing in your unit.

If you want to pursue a complaint related to unsafe housing or habitability (not radon-specific but may be applicable if high radon is discovered and the unit is otherwise unsafe), you may use:

• Complaint Form — Residential Rental Issues (SCDHEC Environmental Quality)
  Environmental Quality Complaint Form
  Example: If your landlord refuses to permit reasonable safety testing and you believe this makes your unit unsafe, you could submit this form outlining your concerns. The agency will review the complaint based on applicable law.

Which Tribunal Handles Residential Tenancies?

Residential tenancy disputes in South Carolina are handled by the South Carolina Magistrate Court. Tenants may file complaints for habitability issues, though radon is not explicitly covered under state law. All action is governed by the South Carolina Residential Landlord and Tenant Act.

FAQ: Radon and South Carolina Rentals

1. Are landlords required to test for radon in South Carolina?
   No, there is no state law requiring landlords to test or treat for radon in rental properties.
2. Can I order a radon test kit as a renter?
   Yes, any South Carolina resident—including renters—can request a free radon test kit from SCDHEC and perform a test in their home.
3. What should I do if my test shows high radon levels?
   Notify your landlord and discuss possible next steps. However, because there is no state law requiring action, resolution may depend on cooperation between you and your landlord.
4. If I feel my home is unsafe due to radon, can I file a complaint?
   You can file a complaint with SCDHEC using the Environmental Quality Complaint Form, and you may contact your local magistrate court about habitability concerns if other unsafe conditions exist.
5. Is there a form my landlord must give me about radon?
   No, South Carolina does not require landlords to provide a radon disclosure or testing form to tenants.

Key Takeaways for Renters

• South Carolina does not mandate radon testing or disclosure for rental units.
• Free test kits are available to all residents, including renters.
• Tenants worried about radon should communicate clearly with landlords and can reach out to official agencies for guidance.

Need Help? Resources for Renters

• SCDHEC Radon Program — State radon info, free test kit orders, and EPA links
• South Carolina Magistrate Court — Handles tenant–landlord habitability disputes
• South Carolina Residential Landlord and Tenant Act — Full tenancy legislation and health standards
• Environmental Quality Complaint Form (SCDHEC) — For rental safety complaints

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1. South Carolina Residential Landlord and Tenant Act
2. South Carolina Department of Health and Environmental Control: Radon Information
3. U.S. EPA Radon Agency
4. South Carolina Magistrate Court
5. SCDHEC Environmental Quality Complaint Form

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