Q: My landlord is doing construction work in our home that we rent. What are my rights around aspestos abatement?
Our home that we rent was built in 1948 and is very likely to contain aspestos. My wife has asthma and we are concerned. Our landlord has so far refused to do testing and abatement. How can I get them to comply? What are state laws around tenant rights pertaining to aspestos abatement requirements for single family homes?
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A:
If your rental home was built in 1948, there is a strong chance it contains asbestos, especially in materials like insulation, flooring, and popcorn ceilings. When a landlord undertakes construction work, they must follow state and federal asbestos regulations to prevent exposure. In California, landlords are responsible for providing a safe and habitable living environment, and disturbing asbestos without proper safety measures could violate health and safety laws.
Since your landlord refuses to test for asbestos, you can take action to protect your rights. You may request an inspection from your local health department or air quality management district to confirm whether asbestos is present. If testing confirms asbestos, the landlord must follow legal procedures for abatement, including hiring licensed professionals and notifying tenants before work begins.
Given your wife’s asthma, you have additional grounds to demand safe conditions. You can send a written notice to your landlord requesting asbestos testing and safe handling. If they refuse, you might be able to withhold rent, report them to the authorities, or even break your lease under the "constructive eviction" doctrine. If the situation remains unresolved, consulting a tenant rights attorney or filing a complaint with a housing agency may be necessary.
Timothy Denison agrees with this answer
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