South Dakota Landlord Radon Testing Laws: What Renters Need to Know

As a renter in South Dakota, ensuring your rental home is safe and healthy is important. Among common health concerns is radon gas—a naturally occurring radioactive gas that can accumulate indoors and pose serious health risks. But are South Dakota landlords required to test for radon in rental properties? This article provides clear answers, highlights your protections, and explains how to advocate for your safety.

Understanding Radon and Health Risks

Radon gas is colorless, odorless, and can cause lung cancer with long-term exposure. The South Dakota Department of Health and the U.S. Environmental Protection Agency recommend that all homes, including rentals, be tested for radon to protect occupants. Houses with high radon levels are found across South Dakota, not just in specific regions.

Are Landlords Legally Required to Test for Radon in South Dakota?

As of 2024, there is no state law in South Dakota requiring landlords to test for radon or disclose radon test results to tenants. This includes both new and existing rental agreements. While radon testing is encouraged for all residences, it remains voluntary for property owners.

• South Dakota does not mandate radon testing in rental housing
• Landlords are not legally required to mitigate radon, even if high levels are found
• However, landlords must still maintain safe and habitable living conditions under the South Dakota Codified Laws § 43-32-9

It is important for tenants to understand that, while radon can present serious risks, there are currently no enforceable South Dakota landlord radon testing laws.

What Rights Do Tenants Have About Radon?

Even though South Dakota law does not require radon testing, tenants can still:

• Request their landlord to voluntarily test the property for radon
• Conduct their own radon test using a kit (available at hardware stores or local health agencies)
• Ask their local health department for guidance if unsafe levels are found

Safe Housing and Your Health

Under South Dakota landlord-tenant law, landlords must keep rentals in a condition fit for human habitation. If radon is discovered at dangerous levels, tenants may discuss mitigation with their landlord as a health and safety concern.

Forms and How to Take Action

Unlike some states, South Dakota does not offer a specific state form for requesting radon testing or mitigation from landlords. However, tenants may use general housing complaint forms if they believe health or safety laws are being violated. For example:

• South Dakota Housing Complaint Form: Available from the South Dakota Housing Development Authority. Use this form to report unsafe living conditions, including suspected environmental hazards.

How it’s used: Suppose you perform a radon test in your rental and get a result above recommended EPA guidelines. You first notify your landlord in writing. If your concerns are not addressed, you can submit the Housing Complaint Form describing the radon hazard and include your test results.

Where to Get Help: Tribunal and Legislation

The main authority handling rental disputes in South Dakota is your local county court system. South Dakota does not have a specialized housing tribunal. Disputes regarding repairs or habitability can be filed as civil cases at the county level.

The landlord-tenant relationship is governed by the South Dakota Codified Laws Chapter 43-32: Rights and Duties of Landlord and Tenant.

FAQ: South Dakota Renters and Radon

1. Are South Dakota landlords required to test rental properties for radon?
   No, there is no law requiring landlords to test rentals for radon in South Dakota.
2. What can I do if I suspect high radon in my rental unit?
   You can perform your own radon test or request your landlord to test. If high levels are confirmed, notify your landlord and request mitigation. If your concerns are ignored, consider filing a complaint with the state housing authority.
3. Can I terminate my lease if my landlord refuses to address a serious radon problem?
   While state law does not specifically address radon, if your rental becomes unsafe for habitation, you should review your rights under the South Dakota landlord-tenant laws and may wish to seek advice from your local court or an attorney.
4. Where can I get a radon test kit in South Dakota?
   Radon test kits are available from the South Dakota Department of Health, local hardware stores, and many county health offices.

Key Takeaways for Renters

• South Dakota does not require landlords to test or disclose radon in rentals.
• You may test for radon yourself and request action if high levels are found.
• General safe housing standards still apply; use state complaint forms if needed.

Radon safety is not guaranteed by law, but awareness helps you advocate for your right to a healthy home.

Need Help? Resources for Renters

• South Dakota Department of Health – Radon Information
• South Dakota Housing Development Authority – File a Complaint
• South Dakota Unified Judicial System – County Courts Directory
• South Dakota Landlord and Tenant Laws

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1. South Dakota Codified Laws Chapter 43-32: Rights and Duties of Landlord and Tenant
2. South Dakota Department of Health – Radon Information
3. South Dakota Housing Development Authority – Complaints
4. South Dakota Unified Judicial System

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