This office lease clause deals with asbestos and the obligation of the landlord to remediate asbestos during initial alterations.
Hennepin Minnesota Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations
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State:
Multi-State
County:
Hennepin
Control #:
US-OL10043BA
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Word;
PDF
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How to fill out Clause Dealing With Asbestos And The Landlord Obligation To Remediate Asbestos During Initial Alternations?
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FAQ
As a tenant, you have a right to a livable home. As asbestos is a hazardous substance, exposed asbestos must be dealt with by your landlord. The Occupational Health and Safety Administration (OSHA) has regulations to protect the right of tenants by placing duties on landlords themselves.
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.
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.
You can live in a house with asbestos. If you live in an old house, the chances are that you have been living with asbestos for some time. When the asbestos-containing material is disturbed, deteriorating, or broken, however, it can be harmful to your health.
In the event a Landlord knowingly exposes a tenant(s) to asbestos fibres in the air, they will be guilty of the tort of negligence. Following this, in circumstances where a tenant were to develop a disease, they would be able to bring a personal injury claim against their Landlord.
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.
Once airborne, the fibers can be inhaled and become lodged in the lungs, creating scar tissue. Decades later, more serious health concerns may arise, including cancers like mesothelioma or lung diseases like asbestosis.
The plan for dealing with asbestos will depend on its current condition. If a survey reveals the asbestos is sound and best left undisturbed, a landlord has no legal obligation to act. Many tenants will be unhappy about the idea of asbestos in their home and it may be prudent to have the material removed.
Use of asbestos was banned in the UK in 1999 but you can still find it in many properties. Landlords should assume that asbestos is present in all pre-2000 buildings. If it's in good condition and not damaged or disturbed then it shouldn't present a risk.
