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We just found out that the house we rented has an asbestos ceiling. The technician who came to take samples told us it didn't look good and recommended to remove it (it was painted too many times and has cracks). Our landlord agreed to remove it but told us he wouldn't pay for our hotel or reduce our rent. does anyone know what our rights are?? thank you!!!
Here is an excerpt from a relevant internet source which should help:
"When a landlord complies with OSHA regulations, performs testing, and discovers friable asbestos in a rental property, s/he is obligated to disclose this hidden and dangerous defect to the tenants. The presence of friable asbestos in rental property might be considered a breach of the implied warranty of habitability, and a tenant may be able to seek legal remedies.
If such a situation exists and you are unable to resolve the matter without legal recourse, we recommend that you contact your county or state bar association legal referral office."
In most states, "habitability" is a well-covered subject and lack of it is cause for breaking a lease. You should Google.*"(your state) landlord tenant laws habitability" to see the exact rulings and whether or not your state provides for the LL to pay for your alternative accommodation until the unit becomes habitable. Good luck!
As previously stated, you need to check the LL/tenant laws for your state and location. In Texas, if a property is not habitable, the rent is not payable for the time the property is not habitable. The LL is not responsible for alternate accomadations. Only no rent is payable. When repairs are completed and the property is again livable, the rent continues, along with the lease. Check your local listings.
We just found out that the house we rented has an asbestos ceiling. The technician who came to take samples told us it didn't look good and recommended to remove it (it was painted too many times and has cracks). Our landlord agreed to remove it but told us he wouldn't pay for our hotel or reduce our rent. does anyone know what our rights are?? thank you!!!
Was this technician also an employee of an asbestos-removal company? If so, I'd look on his findings with suspicion. Get an independent inspector to take a look; an inspector that has no dog in the race so to speak.
Just because the ceiling is asbestos, does not mean that it is dangerous to you or needs to be removed.
Was this technician also an employee of an asbestos-removal company? If so, I'd look on his findings with suspicion. Get an independent inspector to take a look; an inspector that has no dog in the race so to speak.
Just because the ceiling is asbestos, does not mean that it is dangerous to you or needs to be removed.
If it's been painted several times and is cracking, that would be a pretty good indication that it's not safely contained. Also, the LL is satisfied enough to agree to have it removed and the only sticking point is the LL's monetary responsibility to the tenant.
If it's been painted several times and is cracking, that would be a pretty good indication that it's not safely contained.
Not necessarily. It depends on what type of asbestos it is. Again, I merely asked whether or not the "technician" who said it needed replacing works for an asbestos removal company, because if so, of course he's going to say it needs to be ripped out.
We just found out that the house we rented has an asbestos ceiling. The technician who came to take samples told us it didn't look good and recommended to remove it (it was painted too many times and has cracks). Our landlord agreed to remove it but told us he wouldn't pay for our hotel or reduce our rent. does anyone know what our rights are?? thank you!!!
If you can't stay in your apartment(you need to prove this and not just an inconvenience) there is no way you have to pay rent at all for that time period. Your landlord is taking advantage of you. You should probably see an attorney and make sure you have all your i's and t's are dotted and crossed before you go this route
Thank you for answering!!
The technician doesn't do the removal. He seemed very professional and told me the place is not safe for us (he also told me that whoever did the heat system didn't know it was asbestos so it is need to be repaired).
I live in CA. I googled some info about my rights but didn't find anything yet.
Thank you for answering!!
The technician doesn't do the removal. He seemed very professional and told me the place is not safe for us (he also told me that whoever did the heat system didn't know it was asbestos so it is need to be repaired).
I live in CA. I googled some info about my rights but didn't find anything yet.
If you Google what I earlier suggested, what's the problem? It's really pretty simple. Once again, google, "(your state) landlord tenant laws asbestos" and you should easily find answers.
Methinks I'm beating the old head against a solid wall. Sigh!
If you Google what I earlier suggested, what's the problem? It's really pretty simple. Once again, google, "(your state) landlord tenant laws asbestos" and you should easily find answers.
Methinks I'm beating the old head against a solid wall. Sigh!
How 'bout actually answering the OP's question before criticzing. Why even bother posting if you are just going to tell him to Google it??? Or better yet, provide a link to a possible answer: Fumigation forces hotel stay -- who pays? - SFGate
As alway OP, don't construe what you're getting from strangers on the Internet as legal advice. But my two cents: I used to work as a landlord/ property manager in MA. The property was backed by a HUD section 221(d3) mortgage, so maybe the laws and regulations differ for your property. But we had to pay two nights accomodations in a hotel when asbestos removal was occuring. In addition we paid a small stipend for meals. Tenants still paid the full monthly rent. I still remember, because some people ended up getting greedy and buying adult movies and excessive room service - took a while to sort that out. Anyone who has been to housing court enough, knows that the judges are very subjective in their interpretation of housing law. If the requst is reasonable and makes sense, they will more than likely side with you. Asking to pay for accomodations seems reasonable as long as it is not the Ritz Carlton. Whatever you do, put all your communication with the LL in WRITING.
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