Wisconsin Radon Testing Rules for Landlords: What Renters Should Know

Every Wisconsin renter deserves a healthy and safe home. If you’re concerned about radon, a naturally occurring radioactive gas that increases lung cancer risks, understanding your landlord’s responsibilities is crucial. This guide demystifies Wisconsin’s current radon testing requirements for landlords, your rights as a renter, and what to do if you suspect your rental might be affected.

What Is Radon and Why Does It Matter in Rentals?

Radon is an odorless, colorless gas found in many homes, including rentals across Wisconsin. Long-term exposure to high radon levels is the second leading cause of lung cancer in the U.S., making awareness important for tenants and landlords alike.^[1]

Wisconsin Laws on Radon Testing and Landlord Requirements

As of this year, Wisconsin does not require landlords to test rental properties for radon before or during a tenancy. There is no statewide law mandating radon disclosure or mitigation in rentals. However, if a landlord knows of a radon problem, other health and safety laws may apply.

• The Wisconsin Statutes Chapter 704: Landlord and Tenant requires landlords to keep rentals in “reasonable repair” and comply with health codes.^[2]
• Some municipalities or counties may have additional ordinances, so check your local requirements.
• Landlords must not retaliate against tenants for raising health or safety concerns, including radon.

Should My Landlord Test for Radon?

Even though it's not required, the Wisconsin Department of Health Services recommends testing all homes, including rentals. You may choose to test yourself or request your landlord to conduct a test.

What if I Find High Radon in My Rental?

If you order a test and find elevated radon levels (above 4.0 pCi/L), here’s what you can do:

• Notify your landlord in writing, sharing your test results.
• Request the landlord take steps to mitigate radon levels.
• If the landlord refuses and you feel the unit is unsafe, contact your local health department or the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Consumer Protection Bureau for guidance.

If you conduct your own radon test, keep a copy of the results and all written communications with your landlord for your records.

Relevant Forms for Renters Concerned About Radon

• DATCP Consumer Complaint Form (No. 9655): Use this form to file a complaint about health and safety conditions in your rental, including unaddressed radon problems. Download the official DATCP form here.
  Example: If your landlord refuses to mitigate radon after receiving your test results, you can complete and submit this form to DATCP.

Where to Get Help: Wisconsin Tribunal for Renters' Rights

While Wisconsin does not have a specialized tribunal for tenancies, disputes and complaints (including health and safety issues) are overseen by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) – Landlord-Tenant Resource Center. For legal action, cases may proceed in your county’s Small Claims Court.

FAQ: Wisconsin Renters and Radon Concerns

1. Are landlords in Wisconsin legally required to test rentals for radon?
   No, there is currently no state law that requires landlords to test for or disclose radon in rental properties.
2. Can I test my rental for radon myself?
   Yes, renters can perform their own radon testing. Affordable test kits are available at most hardware stores or through the Wisconsin Department of Health Services.
3. What should I do if my landlord refuses to address high radon levels?
   You can file a complaint with the DATCP Landlord-Tenant Resource Center by submitting the Consumer Complaint Form.
4. Does having high radon make my rental “uninhabitable” under Wisconsin law?
   Not automatically, since no statewide standard exists. However, local codes or extreme radon levels posing health risks may allow further action.
5. Does my landlord have to inform me if they know about radon in my unit?
   There is no specific statewide disclosure law for radon in Wisconsin rentals, but general health and safety requirements may apply in some situations.

Key Takeaways for Wisconsin Renters

• Wisconsin does not require landlords to test or disclose radon in rentals statewide, but testing is strongly recommended.
• Renters concerned about radon should document issues and communicate clearly with landlords.
• Help is available from DATCP and local health departments if safety concerns persist.

If you’re unsure about your rights or need support, turn to official state resources for guidance.

Need Help? Resources for Renters

• Wisconsin DATCP Landlord-Tenant Resource Center – Advice and complaint process
• Wisconsin Department of Health Services: Radon Program – Testing kits and information
• Wisconsin Circuit Court Small Claims – Legal action for unresolved disputes

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1. EPA: Health Risk of Radon
2. Wisconsin Statutes Chapter 704: Landlord and Tenant Law

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