Is My Landlord Responsible For Removing Asbestos?

Removing asbestos is a dangerous process. If asbestos is in your apartment or rented property your landlord may or may not be responsible for its removal. Since removal is often more hazardous than untouched asbestos, do not attempt to remove asbestos on your own.

The Short Answer: Yes

When a landlord rents a property he is providing assurance that the property is habitable or usable. Throughout the tenancy, the landlord is responsible for maintaining the premises in safe working order. Since asbestos is hazardous to human health its presence in the property its removal falls under the landlord’s responsibility. As such, he is responsible for scheduling and the safe removal of the asbestos. Failure to do so may result in landlord liability.

The Potential Exception: Landlord Not Liable

As the landlord is not in possession of the premises and as he was not the manufacturer of the asbestos product, he is not technically responsible for its removal. According to the law, it is the manufacturer that is responsible for removing asbestos. The law also sets out guidelines for the safe removal and disposal of asbestos products to reduce or eliminate potential harm befalling individuals coming in contact with it. Therefore, while the landlord is responsible for maintaining a safe premise, this does not necessarily mean that he must remove the asbestos product himself.

However, this does not mean that the landlord does not have to notify the tenant that asbestos is present in the property. Disclosing this fact is required because of the potential harm if poses to humans who come into contact with it. Failing to disclose this can make the landlord liable for any subsequent injury the asbestos causes.

Landlord Liability

If the landlord fails to inform the tenant that there is asbestos on the property or if the landlord removes the asbestos improperly and thereby causes injury or the possibility of injury, the landlord will be liable. This is because the landlord would have acted recklessly or negligently by potentially exposing the tenant to harm. Landlord liability could potentially result in the landlord being held responsible for the medical expenses, loss of income, future medical expenses, mental distress and any property damage caused by the asbestos. Removing the asbestos will not negate liability if it is done improperly or for any injury occurring prior to the removal.

Getting Legal Help

If you are involved in an asbestos related claim, consider seeking legal assistance. An attorney will review the facts of your case and determine whether the landlord is liable for removing asbestos from the property.