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My mother in law recently bought a house in summer 2015. It's a house from the '50s but was renovated or flipped. She doesn't live there or in the country even but she put my husband as manger for her LLC which owns the house. She's 100% owner. She also demand to rent 2 roomd in the house and even that has worked out really well. We moved in with our kids. We immediately put fenced the pool and did everything we could think of to make it safe for them, this included contacting someone to check for asbestos. We knew very little about asbestos besides the fact that it's bad. This guy ran some air tests in the attic and 2 days later he came back to take a sample of something he thought was asbestos. The results of the air sample found 0.002 fibers/cc up there and 60% asbestos material. It was a small piece next to the AC. He told us that everything is fine and not to worry. Time passed and my husband came across the b asbestos subject again and started reading about it throughly. He wasn't sure about the work that guy did and hired someone else recently. We told this guy how this other guy came and how he tested. He said he shouldn't have tested the way he did, how he was supposed to wetten it and that there was no point of testing the attic air but inside house and how he missed some asbestos from the previous air conditioner system because apparently there was still asbestos in the duct registers. So the air results he took inside the house showed 0.007 fibers/cc. This is still under the exposure limits for workers if 0.01 f/CC. My question is, what do we have to do since we're renting? Could we be sued if we don't tell them there's asbestos? Who's the one liable for this, my husband or my mother in law? Can my husband sueb his mom for not checking? We are looking now for abatement companies to have it removed. Can they sue for having been exposed to this levels? What about my mother in law? Can she sue the seller for not informing us? I called an attorney but they seem to only be able to sue if they are damaged. Please we need recommendation about what to do now. We want to do a more detailed test of the air to see how much we've been exposed to it but we don't know what to do with the people renting if the levels come back showing high levels. We're so scared that I moved away with the kids but we've been there 1.5 years and the ones renting only half a year. My mother in law is even considering selling because it's such an old house and we don't know where else it can be. Would we cancel their lease and not tell them? We're so confused. Some advice would be really appreciated because we also don't want to do things wrong and don't want to be sued.
My mother in law recently bought a house in summer 2015. It's a house from the '50s but was renovated or flipped. She doesn't live there or in the country even but she put my husband as manger for her LLC which owns the house. She's 100% owner. She also demand to rent 2 roomd in the house and even that has worked out really well. We moved in with our kids. We immediately put fenced the pool and did everything we could think of to make it safe for them, this included contacting someone to check for asbestos. We knew very little about asbestos besides the fact that it's bad. This guy ran some air tests in the attic and 2 days later he came back to take a sample of something he thought was asbestos. The results of the air sample found 0.002 fibers/cc up there and 60% asbestos material. It was a small piece next to the AC. He told us that everything is fine and not to worry. Time passed and my husband came across the b asbestos subject again and started reading about it throughly. He wasn't sure about the work that guy did and hired someone else recently. We told this guy how this other guy came and how he tested. He said he shouldn't have tested the way he did, how he was supposed to wetten it and that there was no point of testing the attic air but inside house and how he missed some asbestos from the previous air conditioner system because apparently there was still asbestos in the duct registers. So the air results he took inside the house showed 0.007 fibers/cc. This is still under the exposure limits for workers if 0.01 f/CC. My question is, what do we have to do since we're renting? Could we be sued if we don't tell them there's asbestos? Who's the one liable for this, my husband or my mother in law? Can my husband sueb his mom for not checking? We are looking now for abatement companies to have it removed. Can they sue for having been exposed to this levels? What about my mother in law? Can she sue the seller for not informing us? I called an attorney but they seem to only be able to sue if they are damaged. Please we need recommendation about what to do now. We want to do a more detailed test of the air to see how much we've been exposed to it but we don't know what to do with the people renting if the levels come back showing high levels. We're so scared that I moved away with the kids but we've been there 1.5 years and the ones renting only half a year. My mother in law is even considering selling because it's such an old house and we don't know where else it can be. Would we cancel their lease and not tell them? We're so confused. Some advice would be really appreciated because we also don't want to do things wrong and don't want to be sued.
your lack of paragraphs and punctuation make this very difficult to read. But I think the main points are:
1) Mother in law buys house as rental property.
2) OPs husband becomes property manager.
3) OPs family moves into house (with other tenants.)
4) OP test for asbestos and gets report saying the asbestos levels in the air is less than federal guidelines for dangerous exposures.
5) OP wants advice as to what to do.
But what makes me pause is that OP is also asking if they can sue the mother-in-law for not knowing that the house had asbestos levels UNDER the federal guidelines? Say what?
your lack of paragraphs and punctuation make this very difficult to read. But I think the main points are:
1) Mother in law buys house as rental property.
2) OPs husband becomes property manager.
3) OPs family moves into house (with other tenants.)
4) OP test for asbestos and gets report saying the asbestos levels in the air is less than federal guidelines for dangerous exposures.
5) OP wants advice as to what to do.
But what makes me pause is that OP is also asking if they can sue the mother-in-law for not knowing that the house had asbestos levels UNDER the federal guidelines? Say what?
I'm sorry about writing it wrong. It's hard writing on my phone while dealing with kids and a newborn.
Yes I'm sorry, there's a long story behind this and the relationship between the son and his mother. Crimes she even committed to him as a child and no one ever knew. But anyways, just imagine it's not his mom but just some woman as sad as it sounds. Just know you'd even agree if you need knew the story.
I'm sorry about writing it wrong. It's hard writing on my phone while dealing with kids and a newborn.
Yes I'm sorry, there's a long story behind this and the relationship between the son and his mother. Crimes she even committed to him as a child and no one ever knew. But anyways, just imagine it's not his mom but just some woman as sad as it sounds. Just know you'd even agree if you need knew the story.
But the limits are within guidelines, right? What could you possibly be suing her for?
Yes I'm sorry, there's a long story behind this and the relationship between the son and his mother. Crimes she even committed to him as a child and no one ever knew. But anyways, just imagine it's not his mom but just some woman as sad as it sounds. Just know you'd even agree if you need knew the story.
Yes, a long story. One that is SO bad that your husband agreed to manage her property and you both agreed to move into the property? Usually, when there are very bad relationships, people cut ties. They don't intertwine themselves more by moving into their properties.
Yea, but what about the people renting. Can they sue if under the limits?
And if so, who would have the liability, the owner or the manager?
Police don't give out tickets for driving under the speed limit.
Are you suggesting that you believe they should?
Property owners (as landlords or not) aren't obliged to fix things that aren't broken either.
---
Asbestos is an unavoidable reality in nearly all older homes.
The DEGREE of risk is almost always low for those who live there.
Those who WORK with old homes who will do things like disturb pipe insulation have the risk.
Police don't give out tickets for driving under the speed limit.
Are you suggesting that you believe they should?
Property owners (as landlords or not) aren't obliged to fix things that aren't broken either.
---
Asbestos is an unavoidable reality in nearly all older homes.
The DEGREE of risk is almost always low for those who live there.
Those who WORK with old homes who will do things like disturb pipe insulation have the risk.
I agree that asbestos is very widely present in all older homes.
However, you're applying occupational limits to a residential scenario. Federal agencies specifically state that the workplace limits do not apply for residential. Why? residential is potentially 24 hours of exposure per day. Children, the elderly and other more vulnerable people are often present in homes where they are not expected to be working with building materials, etc.
So your analogy regarding the speeding tickets might be better seen as, "how could someone get in trouble for flying a plane when they are under the drunk driving blood/alcohol limit?"
i don't know the answer here but I am not aware of "safe" levels of asbestos being defined for homes (I may very well be wrong here). The OP has carefully explained that the max levels mentioned were for workers. My understanding is that many experts suggest just not disturbing asbestos in a home but clearly that needs to be applied or not according to the individual situation - what type of asbestos, where it is, how much, etc, etc.
Police don't give out tickets for driving under the speed limit.
Are you suggesting that you believe they should?
Property owners (as landlords or not) aren't obliged to fix things that aren't broken either.
---
Asbestos is an unavoidable reality in nearly all older homes.
The DEGREE of risk is almost always low for those who live there.
Those who WORK with old homes who will do things like disturb pipe insulation have the risk.
Yes but doesn't the fact that when some years ago when the new AC is somehow attached to the old one and there's still Asbestos from the old one there that I'm sure was disturbed to remove the other part of the old one, then a risk for everyone bc air that passes through it touching that disturbed Asbestos?
I would never live anywhere my health was in jeopardy... real or imagined.
Nothing the owner can do to physically tie you to the property...
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