Virginia Radon Testing Rules: Renter Rights & Landlord Duties
Radon is a naturally occurring gas that can cause health risks, and renters across Virginia may wonder about testing requirements and landlord responsibilities. Understanding your rights under Virginia law can help protect you and your household.
Understanding Radon and Rental Housing in Virginia
Radon is an invisible, odorless radioactive gas that is the second leading cause of lung cancer in the U.S.1. Because radon enters homes from the ground, certain areas in Virginia are at higher risk. As a renter, it’s important to know how radon is managed in your rental housing.
Are Landlords Required to Test for Radon in Virginia?
Currently, landlords in Virginia are not required by law to conduct routine radon testing in rental properties. However, there are disclosure requirements and guidance for situations where radon is known to be present at elevated levels.
- If the landlord knows that radon levels in the dwelling are above the Environmental Protection Agency’s (EPA) recommended action level of 4.0 pCi/L, they must disclose this information to current and prospective tenants.
- The Virginia Residential Landlord and Tenant Act (VRLTA)2 requires this disclosure prior to lease signing or as soon as the landlord is made aware.
For more about radon and your area, visit the Virginia Department of Health's Radon Program.
Radon Disclosure: Renters’ Rights and Official Forms
If a rental property in Virginia has been tested and found to have high radon levels, landlords must provide written notice to renters. There is no specific statewide radon disclosure form for residential leases, but many landlords use standard addenda or notice forms. Renters may request in writing any inspection or test reports regarding radon from the landlord.
- Form: While there is not a dedicated statewide “Radon Disclosure Addendum” for residential rentals, disclosure is often included in the Sample Residential Lease Agreement from DHCD3. Review your lease or ask the landlord for any attached addenda relating to environmental hazards.
- When Used: If the landlord is aware of high radon levels, this disclosure must be made before you sign the lease, or promptly after discovery if you’re an existing tenant.
If you're unsure about the presence of radon or related disclosure, consider sending a written request to your landlord for any radon inspection results.
Virginia’s Main Law & Enforcement Agency for Rental Issues
Virginia’s main tenancy law is the Virginia Residential Landlord and Tenant Act (VRLTA)2. The state agency overseeing rental disputes is the Virginia Department of Housing and Community Development (DHCD). If serious health or safety violations are ignored, renters may also file complaints with local Environmental Health Offices or contact local housing code officials.
Steps You Can Take if You’re Worried About Radon
- Politely request any radon test results or past disclosures from your landlord in writing.
- If you have reason to believe your home has high radon levels, you can purchase a home radon test kit from pharmacies or the Virginia Radon Program.
- If your landlord refuses to address elevated radon after written disclosure, contact your local health department or DHCD for guidance.
FAQ: Radon Testing and Rental Rights in Virginia
- Are landlords required to test for radon in Virginia rentals?
No, landlords are not required to conduct radon testing, but must disclose known high radon levels. - How can I find out if my rental has high radon levels?
You can request existing reports from your landlord or use a home test kit yourself. If high levels are found, ask the landlord for remediation or further guidance. - What can I do if my landlord refuses to share radon information?
Document your requests, and reach out to the Virginia Department of Housing and Community Development or your local health department for support. - Does my lease need a special radon disclosure form?
Not specifically; however, any high radon disclosures should be included in lease paperwork or as a written notice per Virginia law. - What health risks does radon pose for renters?
Long-term exposure to high radon levels increases the risk of lung cancer. The EPA recommends action if levels exceed 4.0 pCi/L.
Key Takeaways for Virginia Renters Concerned About Radon
- Landlords must disclose known high radon levels, but they do not have to test rental properties for radon by law.
- If you’re concerned, you may request information and conduct your own testing.
- Official support is available through DHCD and local health officials if landlord response is inadequate.
Need Help? Resources for Renters
- Virginia Department of Housing and Community Development – Landlord-Tenant Resources: Main contact point for statewide rental issues and disputes
- Virginia Department of Health Radon Program: Radon fact sheets, risk maps, and testing resources
- Local Health Departments: Find your nearest office for environmental health complaints
- U.S. Environmental Protection Agency – Radon Information
- Virginia Residential Landlord and Tenant Act (VRLTA)
- Sample Residential Lease Agreement – DHCD
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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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