Florida Renters’ Rights: Asbestos in Older Buildings

If you’re renting an older building in Florida, you might be worried about possible asbestos exposure. Asbestos can be a serious health hazard, especially in housing built before the 1980s. Understanding your rights as a tenant, what landlords must do, and how to take action keeps both you and your family safe.

What Is Asbestos and Why Is It a Concern for Florida Renters?

Asbestos is a group of minerals that was once used widely for insulation, flooring, and other building materials because it resists heat and fire. However, when asbestos is disturbed, its fibers can become airborne and may be inhaled. Over time, breathing in these fibers can cause serious illnesses, including cancer and lung disease.

• Older apartments and homes (especially pre-1980) may still contain asbestos in floor tiles, ceiling tiles, pipe insulation, or other materials
• Asbestos is most dangerous when damaged, broken, or disturbed — such as during renovations or repairs

Landlord Responsibilities: Asbestos in Rental Properties

Florida law requires landlords to maintain rental homes in a condition that is safe, sanitary, and compliant with all health codes. This includes addressing known hazards like asbestos exposure under certain circumstances.^[1]

• Landlords do not have to proactively test for asbestos in most residential rentals
• They must repair or contain known hazardous conditions that could harm tenants’ health (including disturbed or deteriorating asbestos)
• If you report visible asbestos damage or you are concerned about possible exposure, the landlord is legally required to respond within a reasonable time

Your Rights as a Tenant

As a Florida renter, you have the right to:

• Be notified if there are plans for renovations or maintenance that may disturb asbestos
• Request repairs if you believe your health is at risk due to exposed asbestos fibers
• File a complaint to local county health or housing authorities if the hazard is ignored

Summary: You’re entitled to a livable unit. If there’s a safety issue like damaged asbestos, your landlord must take appropriate action.

What Should You Do If You Suspect Asbestos?

• Do not try to remove or disturb the material yourself
• Put your concern in writing to your landlord or property manager
• Request that a professional assessment be conducted, if you notice any crumbling or damaged areas
• If your landlord ignores your request, contact your county health department or code enforcement agency for an inspection

Official Forms Florida Renters Can Use

• Florida Notice of Noncompliance with Rental Agreement (Form DH 4060)
  • When is it used? If your landlord fails to fix hazardous or unhealthy living conditions, like exposed asbestos, you can use this form to provide official written notice.
  • Example: You observed crumbling ceiling tiles in your apartment built in 1970. If the landlord doesn’t take action after your verbal or written request, use Florida Notice of Noncompliance DH 4060 to formally trigger their repair obligation.
• Complaint to Local Housing Code Enforcement
  • When is it used? If the landlord still refuses to make repairs, file a complaint with your city or county code enforcement office. For example, Miami-Dade Housing Code Enforcement or find your county’s office via the Florida Department of Environmental Protection Asbestos Contacts page.

Florida’s Key Tenancy Laws Covering Health & Safety

The Florida Residential Landlord and Tenant Act (Chapter 83, Part II) outlines your right to a habitable home and your landlord’s maintenance duties.^[2]

How to Take Action If Your Landlord Doesn’t Respond

If your requests are ignored, you can:

• Use Florida Department of Health’s Environmental Housing services to learn more about your rights and complaint process
• Contact your city or county code enforcement or health department for an official inspection
• If repairs are still not made, you may have the right to withhold rent or terminate your lease, but you must carefully follow the requirements in Florida’s Landlord and Tenant Act (see Section 83.56)

The main agency handling rental disputes in Florida is your local county court; you can find details via the Florida Courts Landlord-Tenant Self-Help Center.

Frequently Asked Questions: Florida Renters & Asbestos

1. Can my landlord evict me for reporting a suspected asbestos hazard?
   It is illegal for a landlord to retaliate against a tenant for making a good-faith complaint about housing safety under Florida law. You are protected by the Florida Residential Landlord and Tenant Act Section 83.64.
2. Who is responsible for the cost of professional asbestos removal in a rental?
   If asbestos creates a safety hazard, your landlord is generally responsible for professional removal or repair and cannot pass the cost onto tenants.
3. What should I do if I notice possible asbestos during renovations?
   Notify your landlord immediately and stop any work in the affected area until it has been checked by a licensed professional. Do not try to disturb suspected materials yourself.
4. How do I make a formal complaint if my landlord is ignoring the problem?
   Start with the DH 4060 notice. If you get no response, contact your local code enforcement or health department, then your county court if needed. See the resources below for direct links.
5. Can I break my lease if my home is unsafe due to asbestos?
   If a landlord fails to address a verified health hazard after written notification and appropriate time, you may have the right to end your lease under Florida law Section 83.56.

Conclusion: Key Takeaways for Florida Renters

• Asbestos in older buildings can be a health risk, but landlords must address known hazards in your rental home
• Use official forms and keep records when requesting repairs, and know you have the right to file complaints with government agencies
• Florida law protects you against retaliation and allows further action if repairs are ignored

By staying informed and taking proper steps, you can help safeguard your home and your rights as a Florida renter.

Need Help? Resources for Renters

• Florida Department of Health: Environmental Housing
• Florida Residential Landlord and Tenant Act (Chapter 83, Part II)
• Florida Courts Landlord-Tenant Self-Help Center — for filings and dispute info
• Florida Department of Environmental Protection: Asbestos Contacts by County
• Download the Florida Notice of Noncompliance Form DH 4060 (PDF)

---

1. [1] Florida Department of Health – Environmental Housing Standards
2. [2] Florida Residential Landlord and Tenant Act, Chapter 83, Part II

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations