What Are My Rights If Radon Levels Are Too High in My Rental?

Imagine testing your rental unit for radon and discovering the levels are high. Naturally, your next question is:
“What now?”

If you’re renting in Georgia or South Carolina and radon levels in your home exceed the EPA’s recommended limit of 4.0 pCi/L, you might feel unsure about what action you’re allowed to take—and what your landlord is required to do.

Let’s walk through your rights, your options, and how to protect your health without risking your lease.

First, Let’s Talk About the Risk

Radon is the second leading cause of lung cancer in the U.S., and it builds up in enclosed spaces like basements, first-floor apartments, and homes without proper ventilation or mitigation systems.

Unlike mold or lead paint, radon is a silent risk. It has no smell, no color, and no immediate symptoms—so it’s often ignored.

That’s why your awareness matters.

Does My Landlord Have to Fix It?

In Georgia and South Carolina, there is no current state law requiring landlords to test or mitigate for radon.

However, that doesn’t mean they’re off the hook entirely.

You still have rights.

Most leases—even informal ones—are governed by something called the “Implied Warranty of Habitability.” This means your landlord must provide a safe, livable space. High radon levels could violate that standard.

Step-by-Step: What to Do If Your Rental Tests High

1. Document the Test Results
   Whether you used a DIY kit or hired a professional like EnviroPro 360, keep the paperwork and a record of how the test was done.
2. Notify Your Landlord in Writing
   Send an email or letter with the results attached, and calmly explain why this is a serious health concern. Ask for a radon mitigation plan or further testing.
3. Request Action
   You can formally request that the landlord either install a radon mitigation system or offer an alternative rental space that has safe levels.
4. Check Your Lease
   Look for any clauses related to air quality, health risks, or tenant responsibilities. Even if radon isn’t mentioned, you may be covered under general “habitability” terms.

What If They Refuse to Fix the Problem?

If your landlord won’t respond—or refuses to act—you may have more leverage than you think.

Here are your options:

• Call a local housing or health authority
  They may inspect the unit or issue a recommendation.
• Talk to a tenant rights attorney or legal aid office
  Especially if you’re in a high-radon zone or have a family member with a health condition aggravated by poor air quality.
• Break the lease under habitability violations
  If it’s clearly unsafe and your landlord won’t budge, you may have grounds to move out early without penalty. (But don’t do this without consulting someone first.)
• Withhold rent (with caution)
  In some areas, tenants are allowed to withhold rent when landlords fail to provide safe housing—but only under strict guidelines. This should be a last resort and backed by legal advice

Are There Any Local Support Programs?

Yes! Some counties offer free radon test kits or low-cost mitigation resources. Others may have specific rental health codes that support your case. It’s worth checking with:

• Your city or county health department
• State radon programs
• Local environmental nonprofits

What If You’re Sharing the Rental with Others?

If you have roommates or live in a multi-unit building, consider informing your neighbors as well. If multiple tenants express concern, your landlord is more likely to take action.

It also strengthens your case if legal intervention becomes necessary.

You Have the Right to Breathe Safely

Even though the laws aren’t always on your side, your health is non-negotiable. Landlords may not be required by law to test for radon—but that doesn’t mean they can ignore dangerously high levels.

By staying informed, documenting everything, and reaching out for help when needed, you can protect yourself—and potentially others—from long-term harm.

Need Help Testing or Documenting High Radon?

At EnviroPro 360, we work with renters and landlords across Augusta, Georgia, and the Carolinas to test, report, and resolve radon issues quickly and affordably. Contact us today.

EnviroPro 360 – Safe Environment Begins with Us.