Utah Landlords and Radon Testing: What Renters Need to Know

Renters in Utah have a right to feel safe and healthy in their homes. Radon, a naturally occurring radioactive gas, is a hidden health concern that can seep into rental units, increasing the risk of lung cancer over time. This article explains the current requirements for radon testing for Utah landlords, how your rights are protected, and what you can do if you suspect a radon issue in your rental property.

Understanding Radon in Utah Rentals

Radon is colorless, odorless, and tasteless, yet it can be found in many homes across Utah. According to the Utah Department of Environmental Quality Radon Program, much of Utah is at moderate to high risk for indoor radon. For renters, this means understanding what protections and obligations are in place regarding radon testing.

Are Utah Landlords Required to Test for Radon?

As of 2024, Utah law does not require landlords to test rental properties for radon or to disclose radon levels to tenants. While some states have explicit radon disclosure requirements for landlords, Utah relies on general health and safety standards within its landlord-tenant laws. Landlords must provide habitable premises that are safe and healthy according to the Utah Fit Premises Act ^[1]. However, radon is not specifically named in this legislation.

What This Means for Renters

• If you are concerned about radon, you can conduct your own test using an at-home kit from a hardware store or order a discounted kit from the Utah Radon Program.
• Results above 4.0 pCi/L (picocuries per liter) are considered elevated and require mitigation for health reasons, according to EPA guidelines.
• If you find high radon, communicate your concerns in writing to your landlord, referencing safety and habitability per Utah law.

For more on healthy housing standards, see the Utah Healthy Homes Program.

No Required State Forms for Radon in Utah Rentals

Currently, Utah does not require landlords or tenants to complete any special state forms related to radon testing or disclosure. All tenant-landlord disputes related to habitability—including safety issues like radon—are handled through the processes established in the Utah Fit Premises Act.

Habitability Complaint Process

• Tenants must usually send a written notice to their landlord outlining the issue and request for remedy. This can be a simple letter or email; Utah has no official template.
• If the issue is not resolved, tenants may pursue remedies through Utah's civil courts or seek guidance from local housing authorities.

Which Utah Agency Handles Tenant-Landlord Issues?

Utah does not have a single tribunal for residential tenancy disputes. Instead, renters can file claims and enforce rights through Utah's Justice Courts for most housing matters. General information and support are also available from local housing authorities and the Utah Department of Workforce Services Housing Division.

Relevant Tenancy Legislation

• Utah Fit Premises Act: Sets out both landlord and tenant responsibilities for rental property health and safety.
• Utah Code Title 78B, Chapter 6: Forcible Entry and Detainer (evictions and housing disputes).

Action Steps for Utah Renters Concerned About Radon

• Purchase a home radon test kit.
• Test your home, following the provided instructions.
• If elevated radon is found, contact your landlord in writing and include the test results.
• If your concerns are not addressed, consult with Utah's Justice Courts or local housing authorities about next steps.

Even though there are no required state forms regarding radon, keeping thorough records helps protect your rights as a renter.

Frequently Asked Questions (FAQs)

1. Are landlords in Utah legally required to test for radon in rentals?
   No, Utah law does not mandate landlords to test or disclose radon levels in rental properties.
2. What should I do if I find high radon levels in my rental?
   Notify your landlord in writing, include your test results, and reference your rights under Utah's habitability laws. If not addressed, consider contacting legal aid or Utah's courts.
3. Can I break my lease because of radon in Utah?
   There are no automatic rights to break a lease for radon, but you may have remedies through the courts if your landlord refuses to address a significant safety issue linked to habitability.
4. Is there a government form to force my landlord to fix radon?
   No official government form exists for radon complaints, but you can submit a written maintenance request and keep records for court if necessary.
5. Where do I go for help with tenant-landlord radon disputes?
   Utah's Justice Courts and the Utah Department of Workforce Services Housing Division provide information and assistance with rental disputes.

Summary: Key Takeaways for Utah Renters

• Utah does not require landlords to test or disclose radon, but renters can test and request action for habitability.
• Report any radon concerns to your landlord in writing and keep evidence.
• Use Justice Courts for unresolved health and safety issues.

Need Help? Resources for Renters

• Utah Radon Program – Testing information, order kits, mitigation guidance
• Utah State Courts Landlord-Tenant Resources
• Utah Fit Premises Act
• Utah Department of Workforce Services Housing Division
• Contact local county or city housing authorities for personalized support

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1. Utah Fit Premises Act: View the Fit Premises Act on the Utah Legislature's website
2. Utah Department of Environmental Quality - Radon: Official State Radon Program
3. Utah State Courts Landlord-Tenant Guide: Official Self-Help Resource
4. Utah Code - Forcible Entry and Detainer: Utah Code Title 78B, Chapter 6

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