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.
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Definition
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Asbestos is a natural, highly fibrous mineral with high tensile strength and with a resistance to heat and most other chemicals.
Signs
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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.
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Health Risk
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Breathing in asbestos fibers may cause lung disease. Exposure to asbestos can cause lung cancer, asbestosis and mesothelioma.
Regulations
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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
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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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