Tenant Rights Regarding Asbestos

Asbestos has been used in a variety of products, including ceilings, roof shingles, floor tiles and textiles. Asbestos is a health risk when it breaks down. Consequently, a landlord must notify tenants when asbestos fibers become airborne.

Definition

Asbestos is a natural, highly fibrous mineral with high tensile strength and with a resistance to heat and most other chemicals.

Signs

Asbestos may break down as it ages or it can become disturbed when a house is remodeled or repairs are made. Signs of its breaking down may include flaking ceiling tiles or crumbling insulation.

Health Risk

Breathing in asbestos fibers may cause lung disease. Exposure to asbestos can cause lung cancer, asbestosis and mesothelioma.

Regulations

U.S. Occupational Safety and Health Administration (OSHA) regulations require that owners of buildings built before 1981 notify workers that the building might contain asbestos. Although not required by federal law, if a landlord discovers the presence of asbestos, the landlord should disclose its existence to tenants.

Lawsuit

If a landlord knows that asbestos fibers are airborne and fails to warn tenants or control the asbestos, a tenant may sue the landlord for damages if the renter sustains injuries. If the asbestos is not airborne, a landlord is under no obligation to control the asbestos.

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