California Tenant Rights: Asbestos in Older Rental Homes

If you rent an apartment or house in California and the building was constructed before 1980, you may be concerned about asbestos exposure. Knowing your rights can help keep you and your family safe. In this article, we explain key tenant protections, landlord responsibilities, and how to take action if you suspect asbestos in your home, all supported by official California resources.

Understanding Asbestos Safety in California Rentals

Asbestos is a hazardous material that was commonly used in building construction before 1980. Undisturbed, asbestos is not usually a health risk. However, if it becomes damaged or disturbed—such as during renovations—it can release fibers that are dangerous to breathe. California law provides strong protections to help renters stay safe from asbestos exposure.

Landlord Responsibilities

• Disclosure: Landlords must disclose any known asbestos before entering into a lease or rental agreement, as required by California Health & Safety Code.
• Maintenance: Landlords are legally required to keep rental units habitable and free from dangerous conditions, including exposure to hazardous materials like asbestos under California Civil Code Section 1941.1 (Warranty of Habitability).
• Repair and Remediation: If asbestos is found and poses a health risk, landlords must take steps to properly repair or remove the material using licensed abatement professionals, following strict state and federal rules.

Your Rights as a California Renter

• You have the right to a safe and habitable living space as outlined in California’s Civil Code – Tenant Protections.
• You must be notified if asbestos is present and if repairs or abatement are planned.
• If dangerous asbestos exposure exists and the landlord fails to act, you may have the right to file a formal complaint or request repairs.

What to Do If You Suspect Asbestos in Your Rental

Not sure if there’s asbestos? Here are practical steps you can take for your safety:

• 1. Request Disclosure: Ask your landlord, in writing, if asbestos is present or if the property has ever been tested.
• 2. Submit a Repair Request: If you notice damaged insulation, ceiling tiles, or floor tiles, submit a written request to your landlord for inspection and repair. Document all correspondence for your records.
• 3. File a Complaint if Needed: If your landlord doesn’t respond or fix the problem, you can file a complaint with your local city or county code enforcement office. For health and habitability risks, you can also contact your local Environmental Health Department.

Official Forms for California Renters

• Repair and Deduct Notice (Form not officially numbered): If repairs are not made after a reasonable time, you may be able to use a "Repair and Deduct" notice. This lets you notify your landlord in writing, make the repair, and deduct the cost from your rent (up to one month’s rent). For details and a sample template, see the California Department of Consumer Affairs’ "California Tenants" guide (page 39).
  • Example use: After requesting asbestos removal, if the landlord does not act within 30 days and the unit is unsafe, you can notify them in writing before hiring a qualified professional and deducting the cost from rent.
• Complaint to Local Code Enforcement or Health Department:
  • No statewide form, but most city or county code enforcement offices provide online or paper complaint forms. Check your local housing authority or city website.
  • Example use: File this if your landlord does not respond to requests to fix an asbestos hazard.
  • Find your local California Health Department

Where to Resolve Disputes or Seek Enforcement

The state body responsible for residential landlord-tenant matters is the local superior court small claims division for California counties, or your city/county code enforcement. There is no statewide "residential tenancy tribunal," but small claims court and California Department of Consumer Affairs can help resolve certain disputes.

Frequently Asked Questions (FAQ)

1. Do landlords have to tell tenants if asbestos is present? Yes. California law requires landlords to disclose known asbestos hazards before renting, and notify tenants if new information comes up.
2. Can I break my lease if my rental is unsafe due to asbestos? If asbestos is present and creates a health hazard, and if your landlord fails to act after written notice, you may have the right to end your lease early. Always document all communications and check with local housing authorities or legal aid first.
3. Who handles asbestos complaints in California rentals? Start with your local code enforcement office or Environmental Health Department. For unresolved issues, small claims court may be used.
4. What should I do if my landlord ignores an asbestos problem? Send a written repair request. If there’s no response, file a complaint with your local code enforcement or health department, and consider legal action if needed.
5. Is it safe for me to clean or remove asbestos myself? No, asbestos removal must always be done by a professional certified contractor, as required by California and federal law.

Conclusion: Key Takeaways for Renters

• California renters have strong rights to a safe, habitable unit and must be notified about asbestos risks.
• Landlords are responsible for asbestos remediation by licensed professionals.
• Document all repair requests and use official avenues if your landlord fails to address asbestos hazards.

Staying informed and taking documented action are the best ways to protect your health and rights as a renter in older California buildings.

Need Help? Resources for Renters

• "California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities" – CA Department of Consumer Affairs
• Directory of Local Health Departments in California
• California Department of Toxic Substances Control – Asbestos Safety
• Find Your Local California Court (Small Claims)

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• [1] California Civil Code Section 1941.1 – Warranty of Habitability
• [2] California Health & Safety Code Section 25915.1 – Asbestos Disclosure
• [3] California Department of Consumer Affairs – California Tenants Guide
• [4] California Department of Public Health – Local Health Departments

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