West Virginia Radon Test Laws: Renter Rights Guide

Radon is an invisible, radioactive gas that can cause serious health problems if it builds up indoors. If you’re renting a home or apartment in West Virginia, it’s important to understand what landlords must do about radon, what the law says, and what resources are available if you’re concerned about radon testing or results in your rental unit.

What Is Radon and Why Is It a Concern for Renters?

Radon occurs naturally in soil and rocks, and it can enter homes through cracks or foundation gaps. Long-term exposure to high radon levels increases the risk of lung cancer. Because it’s odorless and colorless, the only way to know if your home has radon is to test for it. The U.S. Environmental Protection Agency (EPA) recommends action if radon levels are 4.0 picocuries per liter (pCi/L) or above.

Are Landlords Required to Test for Radon in West Virginia?

Currently, West Virginia does not have a state law that specifically requires landlords to test for radon or disclose radon levels in rental properties. However, both landlords and tenants can take voluntary steps to ensure a safe and healthy living environment. Some cities or counties may have their own ordinances, so it’s wise to check with your local housing authority for additional rules.

General Health and Safety Standards

Landlords in West Virginia are required to provide “habitable” and safe rental units. While radon is not specifically named in state law, if a rental unit has a known, dangerous radon problem, tenants may have rights to request repairs or mitigation under the West Virginia Residential Rental Agreements Act.^[1]

• Landlords must maintain safe, livable premises.
• Tenants have a right to request repairs if living conditions are unsafe.
• If you believe radon makes your home unsafe, you can notify your landlord in writing.

How to Get Your Rental Tested for Radon

Because West Virginia law does not make landlords responsible for testing, tenants concerned about radon can:

• Request in writing that the landlord conduct a radon test.
• If the landlord declines, tenants may purchase and use an EPA-approved radon test kit themselves (kits are widely available at hardware stores and through the West Virginia Radon Program).
• Retain records of any radon test results and written requests.

Official Forms and Filing a Complaint

There is no specific state form required for requesting radon testing or mitigation. However, if you believe your home is unsafe and your landlord is not addressing the problem, you may:

• Use a written Maintenance Request (no official state form; a simple letter or email is acceptable) to ask for mitigation or repairs. Example: "I am requesting action to address hazardous radon levels, documented at X pCi/L by a recent test." Be sure to date, sign, and keep a copy.
• If conditions become uninhabitable, contact your local health department or the West Virginia Department of Health and Human Resources—Environmental Health Services to report a housing health concern.

Which Tribunal Handles Renter–Landlord Disputes?

For rental housing disputes in West Virginia, the state’s Residential Rental Agreements Act applies. The county magistrate court would generally handle unresolved cases between tenants and landlords. Find your local West Virginia Magistrate Court information.

Summary: Radon Testing and Renter Health in West Virginia

There is no statewide law forcing landlords to test for or fix radon, but safe housing rules may still apply if radon is at demonstrably hazardous levels. Tenants can always request a test or address unsafe conditions following state tenant-landlord law.

1. Do landlords have to test for radon in rentals in West Virginia?
   No. There is no state law requiring radon testing or disclosure, but you can request it from your landlord.
2. How can I test my rental for radon?
   You may buy your own EPA-approved radon test kit or ask your landlord to provide testing.
3. What should I do if high radon is found?
   Notify your landlord in writing. You may also contact your local health department if you feel the unit is unsafe and your landlord does not respond.
4. Where can I report health and safety concerns about my rental?
   Start with written requests to your landlord; if the situation is unresolved, reach out to your county health department or file a complaint with the Department of Health and Human Resources.
5. Who handles disputes if my landlord will not address serious radon concerns?
   County magistrate court typically has jurisdiction over tenant-landlord health and safety disputes in West Virginia.

Need Help? Resources for Renters

• West Virginia Department of Health and Human Resources: Environmental Health – health complaints and rental housing issues
• EPA Radon Resources – comprehensive guidelines on radon for renters and property owners
• Legal Aid of West Virginia – legal assistance and information for renters
• West Virginia Magistrate Courts Directory – where to file legal disputes in your area

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1. West Virginia Residential Rental Agreements Act, WV Code Chapter 37, Article 6
2. U.S. Environmental Protection Agency: Radon

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