asbestos exposure (landlord - tenant problem) (Boston, Quincy: real estate, apartment, lease)

[Maria55]

Hello,
now there is a renovation process in the building where I rent an apartment. They made big holes in the walls in the corridor. For more than two weeks I have been found a lot of dust in my apartment (due to the significant airflow from the corridor due to the crevices around the doorframe and windowframe in my apartment). Sometimes they started repair work before I went to a job so just during short time of they work I was seen the emerging of the dust in my apartment and inhaling it a lot. The building was built more than 100 years ago so I supposed asbestos exposure. I asked by email property managers about the disclosure of the information related to asbestos content and they answered few days after that here is no asbestos but they didn't show me any documents and after that I noticed that they at least covered holes in the walls with polyethylene. Being concerned because the building is old I took the sample of the cement (before they covered it) from one of the big holes in the walls in the corridor and looked under the microscope (I work in the lab). It is old cement containing horsehairs as well as a lot of fibers which look absolutely like asbestos (but I have not ordered an official asbestos test, it was light microscopy). Is there sense to order asbestos test and if it is positive try to terminate the lease without fee? Could I told to the property manager that I looked under the microscope on the sample of the cement (I mean could there be any possible problems because I took sample from the property without permission (even though it was absolutely easy to take without any damage)? What else can I do? The problem is that every day I get new dust in my apartment and it seems that it contains asbestos. I would be very grateful for any information.

[bugelrex]

If they are doing everything by code with proper permits, I would doubt very much it is asbestos. The contractors themselves would not tolerate it without significant respitory masks.

You could always pay out of pocket for asbestos tests if you are worried or double check their permits

[sarahmccoy]

I do not think the contractors would be working on it without hazmat gear and masks if it were asbestos.

[jayrandom]

There should be a permit posted somewhere. Contact the permitting authority and ask them. Tell them you just want confirmation there isn’t an asbestos hazard.

[Shrewsburried]

Originally Posted by sarahmccoy

I do not think the contractors would be working on it without hazmat gear and masks if it were asbestos.

This is not a safe a assumption. I say this knowing someone (in the recent past) who was prosecuted and jailed for improper abatement during a commercial reno. Additionally, the states AG recently settled with two firms for illegal asbestos removal in the razing of the Quincy YMCA.

[Maria55]

Hello,
Thanks everybody for the responds.
Today I got the result of testing for the asbestos: 2% Chrysotile asbestos. The question is the same: do I have a right to terminate the lease without any fees and move out as quick as I can? Is there sense directly told to the property manager that there is asbestos contamination and I need to move out (it seems that they are irresponsible)? Or I have to talk to the lawyer? Which else actions can I take? They are proceeding with renovation and I still have excessive amount of asbestos containing dust.

[MikePRU]

Originally Posted by Maria55

Hello,
Thanks everybody for the responds.
Today I got the result of testing for the asbestos: 2% Chrysotile asbestos. The question is the same: do I have a right to terminate the lease without any fees and move out as quick as I can? Is there sense directly told to the property manager that there is asbestos contamination and I need to move out (it seems that they are irresponsible)? Or I have to talk to the lawyer? Which else actions can I take? They are proceeding with renovation and I still have excessive amount of asbestos containing dust.

i have to imagine there's someplace better you can go to for advice than C-D (at least for this matter). Do you live in Boston or outside of the city?

Here's a resource if you live in Boston:

https://www.boston.gov/departments/n...ou-rent-boston

If you live outside of Boston call the town hall and maybe start with the board of health to see who might have an answer for you.

My hunch is . . . you probably can't just break your lease. However if hazardous conditions exist in your home, your landlord is likely obligated to provide you with alternative housing until such conditions have been remedied. I'm not an expert in these matters though and I suggest you seek out someone in your local government who is. If you can't find someone, then i would suggest contacting a real estate attorney or tenants rights attorney.

[Hollytree]

Originally Posted by Maria55

Hello,
Thanks everybody for the responds.
Today I got the result of testing for the asbestos: 2% Chrysotile asbestos. The question is the same: do I have a right to terminate the lease without any fees and move out as quick as I can? Is there sense directly told to the property manager that there is asbestos contamination and I need to move out (it seems that they are irresponsible)? Or I have to talk to the lawyer? Which else actions can I take? They are proceeding with renovation and I still have excessive amount of asbestos containing dust.

I'd move in with friends or into a hotel, etc TODAY and write a registered letter immediately to the landlord stating the facts and that your tests have shown asbestos.

On the same day, I'd contact an attorney and ask how to proceed. Do you have renter's insurance- it may have immediate coverage for hazardous living conditions. After that, I'm sure you could get dwelling coverage from the landlord. Once the apartment is certified safe, you could move back in if you desire to do so.

[oldsoldier1976]

it certainly is not asbestos. It might be horsehair plaster or just drywall dust. It is not toxic at all. Don't be breathing it but it will not cause any problems medically except if you are inhaling large quantities of the dust.

Contractors that deal with asbestos will seal off an area around the work. They also eliminate lots of dust by using water. Also asbestos in homes were used around pipes. Usually it is just heating pipes and it was rarely used in homes. It cost a lot to wrap those pipes.

[Izzie1213]

Originally Posted by oldsoldier1976

it certainly is not asbestos. It might be horsehair plaster or just drywall dust. It is not toxic at all. Don't be breathing it but it will not cause any problems medically except if you are inhaling large quantities of the dust.

Contractors that deal with asbestos will seal off an area around the work. They also eliminate lots of dust by using water. Also asbestos in homes were used around pipes. Usually it is just heating pipes and it was rarely used in homes. It cost a lot to wrap those pipes.

If you read post #6 from OP it says he got the test back and 2% asbestos. I don't know if there is a "safe" kind of asbestos or if 2% is an acceptable amount but if my apartment was covered if that dust I would be worried. Just because some guys are working on apartment building doesn't mean they are following acceptable practices. Any random guy can rip out a wall doesn't mean they are doing it right.

If I were OP I would call and speak with someone in the city pronto.