Asbestos Disclosure In Lease
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FAQ
Asbestos. Asbestos may be found in properties built before 1981. Depending on the number of employees a landlord (or property management company) has, the landlord may or may not be required to make asbestos disclosures, and/or add a lease addendum.
Tenants can sue landlords over a variety of issues including cold and damp homes. You can also take legal action against your landlord if they don't carry out necessary repairs or maintenance and an injunction can be issued if necessary repair work is not carried out.
Dealing with a Defective Property If you built the property, you must ensure there are no major defects, which include asbestos. If a tenant is reasonably affected by such defects, they can sue for compensation under tort law. The court can then order the landlord to carry out any work required to rectify the problem.
The State of California requires that certain landlords disclose the presence of asbestos containing materials in the buildings which they rent out. This disclosure requirement pertains only to post 1978 construction.
You typically can't identify asbestos-containing material just by looking at it, unless the material is labeled. But, according to the United States Environmental Protection Agency (EPA), asbestos is often found in materials like: attic and wall insulation. vinyl flooring.
