Texas Landlord Radon Testing Rules: What Renters Need to Know
Understanding health and safety standards in Texas rental properties is important, especially when it comes to potential environmental hazards like radon. This article addresses renter concerns about radon testing requirements for landlords in Texas, clarifies current legislation, and guides renters on what to do if they are worried about indoor air quality. All information is accurate as of 2024.
What is Radon and Why Does It Matter?
Radon is an invisible, odorless radioactive gas that can seep into homes from the ground. Long-term exposure can increase the risk of lung cancer. The U.S. Environmental Protection Agency (EPA) recommends radon testing, especially in lower-level living spaces, but regulations differ widely by state.
Are Landlords in Texas Required to Test for Radon?
Currently, Texas does not have a state law that requires landlords to test for radon or disclose radon levels to tenants. Unlike some other states, there is no specific mention of radon hazards or mitigation in the Texas Property Code Chapter 92 – Residential Tenancies.[1]
However, landlords in Texas must still meet general obligations for rental property safety:
- Maintain the property in a condition that is habitable
- Address other significant environmental hazards if they are known to exist and affect habitability
- Follow federal lead paint disclosure laws for buildings built before 1978
Even without a specific law about radon, you can talk with your landlord or property manager about your concerns and request more information about any past or current environmental testing.
What Can Texas Renters Do If They Are Concerned About Radon?
Although landlords are not legally required to test for radon, renters have several options if they suspect elevated radon levels in their home:
- Purchase an affordable radon test kit or hire a certified professional for testing (Texas Radon Information from the Texas Department of State Health Services)
- Share the results with your landlord/property manager and ask how they plan to address any unsafe levels
- Seek support from local or state housing agencies if your landlord does not respond to legitimate safety/maintenance concerns
If your health or safety could be at risk due to environmental hazards and your landlord is not responding, you may have the right to file a complaint or seek remedies under Texas’ basic habitability laws.
Official Forms and Tribunals for Texas Renters
There is no official Texas form specifically for radon hazard complaints for renters. However, the following may apply if general habitability or repair issues arise due to radon or suspected hazards:
- Repair Request Letter – Use a written request to your landlord citing Texas Property Code §92.052 (Landlord’s Duty to Repair or Remedy).
- When to use: If you detect high radon levels and want your landlord to take action
- How to use: Mail or deliver a dated, written repair request. A sample letter and guidance can be found on the Office of the Texas Attorney General's Landlord/Tenant Law page.
- Justice Court Petition (for Repair & Remedy) – Form provided by your local county Justice Court.
- When to use: If your landlord is not addressing essential repairs that impact health and safety
- How to use: File this form with your local Justice Court. Locate forms and court contact info through the Texas Judicial Branch Justice Courts Directory.
If you are unsure which form to use, contact your local Justice Court or Legal Aid of NorthWest Texas for guidance before taking action.
Relevant Texas Legislation for Renters
Tenant and landlord responsibilities (including property repairs) are set out in the Texas Property Code, Chapter 92.[1] Texas does not list radon as a specific hazardous condition, but a persistent, hazardous environmental condition affecting health or safety could fall under these habitability protections in some cases.
The official tribunal for rental disputes is the Justice Court in your county. Detailed information and court finder tools are available from the Texas Judicial Branch website.[2]
FAQ: Texas Radon Testing and Renter Rights
- Are Texas landlords required to test for or disclose radon?
No, Texas law does not require landlords to test for or disclose radon levels. However, they must address general repair and habitability concerns. - What should I do if I’m worried about radon in my rental?
Purchase a test kit, share results with your landlord, and request repairs if unsafe levels are found. Document all communication. - Can I break my lease if my rental has high radon?
If the home is unsafe and the landlord will not address repairs after written notice, you may have rights to terminate the lease. Seek legal advice first and review Texas Property Code §92.0561 for details. - What government office helps with landlord-tenant disputes in Texas?
The Justice Court in your county handles tenant complaints. Find your local court via the Texas Justice Courts Directory. - Can I ask my landlord to test for radon, even if it’s not required?
Yes, you have the right to ask. While they’re not required by law, open communication about health and safety often leads to better outcomes.
Key Takeaways for Texas Renters
- Texas does not require radon testing or disclosure from landlords
- Landlords are required to provide habitable homes and address major safety issues
- Renters concerned about radon can test, alert their landlord, and take action if needed
Always document your concerns and requests in writing. For persistent health or safety hazards, official complaint options are available through your local Justice Court.
Need Help? Resources for Renters in Texas
- Office of the Texas Attorney General: Landlord/Tenant Law — Guidance, sample complaint letters, and links to relevant statutes
- Texas Department of State Health Services: Radon Information — Health info, test kits, and certified professionals
- Texas Justice Courts Directory — Find your local Justice Court for tenant complaints and small claims
- Legal Aid of NorthWest Texas — Free legal help for low-income tenants
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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