What should I do if I suspect asbestos in my Hawaii rental?

Start by notifying your landlord in writing and request a certified inspection. If they don't respond, contact the Hawaii Department of Health and consider filing a formal complaint with RICO.

Can my landlord evict me for complaining about asbestos?

No. Hawaii law protects renters from retaliation for raising health and safety concerns, including asbestos issues.

Is my landlord required to tell me about asbestos in my building?

While specific disclosure is not always required unless renovations will disturb asbestos, landlords must maintain safe conditions and follow all regulations.

Where can I file an official complaint if my landlord ignores asbestos dangers?

You can file with the Hawaii Department of Health for immediate hazards or with the State of Hawaii Regulated Industries Complaints Office (RICO) for broader issues.

Are there laws protecting my right to safe housing regarding asbestos?

Yes. The Hawaii Residential Landlord-Tenant Code requires landlords to uphold health and safety standards and provides remedies for tenants if violated.

Hawaii Tenant Rights: Asbestos Hazards in Older Rentals

Health & Safety Standards Hawaii published: June 21, 2025

Living in an older Hawaii rental? You might be concerned about asbestos, which is often hidden in materials like insulation, flooring, and ceiling tiles in buildings built before 1980. Understanding your rights as a renter when it comes to asbestos is essential for your health and peace of mind. This guide explains key protections under Hawaii law, steps for addressing asbestos concerns, and the official government resources to turn to if you need help.

What Is Asbestos and Why Is It a Concern?

Asbestos is a group of minerals once widely used in construction due to their heat resistance. When disturbed, asbestos fibers can become airborne and pose serious health risks if inhaled. These risks include respiratory diseases, lung cancer, and mesothelioma.

Landlord Responsibilities: Asbestos in Hawaii Rentals

Hawaii landlords must provide safe and habitable living conditions, including addressing health hazards like asbestos. State law requires landlords to maintain premises according to health and safety standards outlined in the Hawaii Residential Landlord-Tenant Code, HRS § 521-42 (Landlord Obligations)^[1].

Landlords must fix hazardous conditions that threaten tenant health, including asbestos exposure.
Tenants have the right to request repairs or remediation if suspected asbestos is found.
Landlords must follow federal and state rules for asbestos removal and disclosure. Learn more at the Hawaii Department of Health Asbestos Program.

Was Your Building Built Before 1980?

If your rental was constructed before 1980, it may contain asbestos in building materials. While intact asbestos isn’t always hazardous, any damage, renovations, or deterioration can release fibers into the air.

Steps for Tenants: How to Address Asbestos Concerns

If you suspect asbestos in your rental, follow these steps to protect yourself and start the official process:

Notify your landlord in writing about your concerns. Be specific—mention any visible deterioration, construction activity, or health symptoms.
Request a professional inspection by a certified asbestos contractor, especially before any renovation or repair work.
If you suspect immediate danger, contact the Hawaii Department of Health Asbestos Program for guidance.
If your landlord fails to respond, you may file an official complaint (see below for forms).

Tip: Always keep copies of correspondence with your landlord and any documentation of building conditions or repairs requested.

Relevant Official Forms and How to Use Them

Hawaii Department of Health Complaint Form
- Use this form to report unresolved asbestos issues or landlord non-compliance.
- For example, if your landlord ignores your written request to investigate potential asbestos in your unit, submit the DOH Complaint Form (PDF) directly to the Department of Health.
Landlord-Tenant Code Complaint Form
- If your landlord does not address safety concerns, you may also file a complaint with the State of Hawaii Regulated Industries Complaints Office (RICO) using the Landlord-Tenant Complaint Form.
- For example, if you provided written notice and allowed reasonable time for repairs but got no response, use this form to begin mediation or enforcement action.

Both forms should be submitted with supporting documents such as photos, correspondence, and inspection reports.

Which Tribunal Handles Disputes?

Most residential tenancy disputes in Hawaii are handled by the State of Hawaii Regulated Industries Complaints Office (RICO) and the District Court of the State of Hawaii for legal actions. These agencies enforce the provisions of the Hawaii Residential Landlord-Tenant Code and resolve disputes between renters and landlords.

What Happens If Landlords Ignore Asbestos Problems?

If a landlord fails to address a serious asbestos problem:

Tenants may pursue formal complaints, request mediation through RICO, or seek action in district court.
If an unresolved hazard poses an immediate threat, the Department of Health can intervene and may require remediation.
Tenants may have additional rights to withhold rent or end the lease if the property is unfit for habitation, as outlined in the HRS § 521-63 (Tenant Remedies).

Always seek official guidance and review your specific lease terms if you face ongoing issues.

FAQ: Renters & Asbestos Rights in Hawaii

What should I do if I suspect asbestos in my Hawaii rental?
Start by notifying your landlord in writing and request a certified inspection. If they don't respond, contact the Hawaii Department of Health and consider filing a formal complaint with RICO.
Can my landlord evict me for complaining about asbestos?
No. Hawaii law protects renters from retaliation for raising health and safety concerns, including asbestos issues.
Is my landlord required to tell me about asbestos in my building?
While specific disclosure is not always required unless renovations or repairs will disturb asbestos-containing materials, landlords must maintain safe conditions and follow all federal and state regulations.
Where can I file an official complaint if my landlord ignores asbestos dangers?
You can file with the Hawaii Department of Health for immediate hazards or with the State of Hawaii Regulated Industries Complaints Office (RICO) for broader landlord-tenant issues.
Are there laws protecting my right to safe housing regarding asbestos?
Yes. The Hawaii Residential Landlord-Tenant Code requires landlords to uphold health and safety standards and provides remedies for tenants if these are violated.

Key Takeaways for Hawaii Renters

If you suspect asbestos, put your request for inspection or repair in writing.
File an official complaint if your landlord does not respond.
State agencies like the Department of Health and RICO are here to help ensure your rental is safe and habitable.

Understanding your rights and using the official complaint process can make a difference in safeguarding your health.

Need Help? Resources for Renters

Hawaii Department of Health – Asbestos Program: State guidance, complaint process, and certified contractor lists
State of Hawaii Regulated Industries Complaints Office (RICO) – Landlord-Tenant: File landlord-tenant complaints and request mediation
Hawaii State Judiciary – District Court Self-Help: Civil court information for renting and housing disputes
Hawaii Residential Landlord-Tenant Code: Full legal text and updates