Asbestos Rights for Indiana Renters in Older Buildings

If you are renting an apartment or home in Indiana, the age of the building can raise important health concerns, especially regarding asbestos. Asbestos was commonly used in construction materials until the late 20th century. Today, exposure to asbestos fibers is known to cause serious health issues, making it essential for renters to understand their rights and what to do if they suspect asbestos in their rental.

Understanding Asbestos and Health Concerns in Indiana Rentals

Asbestos is a mineral fiber that was widely used in insulation, floor tiles, roofing, and many other building materials. When asbestos-containing materials are disturbed, fibers can become airborne and pose a risk if inhaled. Health effects include asbestosis, lung cancer, and mesothelioma.

• Older buildings (typically pre-1980) are most likely to contain asbestos materials.
• Intact asbestos is less likely to be hazardous. Risks increase if materials are damaged, deteriorated, or undergoing renovation.

Indiana law requires that landlords provide safe and habitable housing, which can include addressing major environmental hazards like asbestos. However, there are specific guidelines and laws about disclosure and responsibility for repairs.

Your Rights as a Renter in Indiana

The Indiana Code, specifically the Indiana Security Deposits and Tenant Obligations Law (IC 32-31-8), sets out your basic right to a safe and habitable living environment^[1].

• Landlords must maintain rental premises in a fit and habitable condition.
• If environmental hazards like exposed or crumbling asbestos exist, your landlord may be required to take action to address the problem.

Landlords are not required to proactively inspect or abate asbestos if it is intact and undisturbed. However, they must respond to maintenance requests and address conditions that could affect health and safety.

Disclosure Requirements & Renovation

• If a rental unit is known to have asbestos, there is no specific Indiana law obligating landlords to disclose this upfront unless asked. But, if asbestos becomes a health concern (damaged, friable, or under renovation), the landlord must take reasonable steps to address it.
• If your landlord decides to renovate or demolish part of the building, they must follow Indiana Department of Environmental Management (IDEM) asbestos regulations, including notifying tenants as appropriate^[2].

What to Do if You Suspect Asbestos in Your Rental

If you believe there may be asbestos in your Indiana rental home:

• Check if the building materials (e.g., ceiling tiles, pipe insulation, vinyl floor tiles) might contain asbestos, especially if your building is older than 1980.
• Do not disturb suspected materials. Disturbance increases health risk.
• Contact your landlord in writing to report the concern and request inspection or remediation.
• If unsafe conditions continue, you may have the right to file a complaint with local health or housing authorities.

Key Forms: How to Make a Maintenance Request or File a Complaint

• Tenant Maintenance Request (no official number): Use a written request (letter or email) to notify your landlord of the suspected asbestos issue. Include your name, address, description of concern, and a request for inspection and remediation. Example: “I am concerned there may be asbestos-containing materials exposed in my unit. Please inspect and advise on next steps.”
• Indiana Department of Health Environmental Complaint Form: If your landlord fails to address your concern, you can report the issue to the Indiana Department of Health (Environmental Public Health Division Contact Page). There is no specific form number, but complaints can be made online or by phone. This initiates an investigation.
• Indiana Housing and Community Development Authority (IHCDA) Complaint: For rentals under certain state-supported programs, contact the IHCDA. Use their Rental Complaints online system to start the process.

Filing a Complaint or Seeking an Order

If your maintenance request does not result in a solution, you have the option to:

• Contact your local county or city health department to request an inspection.
• File a complaint with the Indiana Department of Health as described above.
• If conditions remain unsafe, you may file a claim in the appropriate Indiana small claims court (the body handling residential tenancies) for an order requiring your landlord to fix the problem or for a rent reduction.^[3]

For more information on tenant rights, see the Indiana Housing and Community Development Authority's renter rights guide.

FAQ: Indiana Tenants & Asbestos

1. Can I request asbestos testing in my apartment?
   Yes. You can ask your landlord in writing for professional asbestos testing if you suspect hazardous materials, especially if repairs, renovations, or visible deterioration are present. They are not required by law to test unless there is a clear hazard.
2. What should I do if I believe asbestos has been disturbed?
   Notify your landlord immediately in writing. Request urgent inspection and remediation. Avoid the affected area. You may also contact your local health authority or file an environmental complaint if prompt action is not taken.
3. What agency handles unresolved residential asbestos problems in Indiana?
   The Indiana Department of Health oversees environmental health complaints. For rental disputes, small claims court has jurisdiction over tenant-landlord issues.
4. Could I withhold rent if my landlord doesn’t fix an asbestos problem?
   No. Indiana law does not allow tenants to withhold rent without a court order. Always continue paying rent and seek a formal resolution through the courts if needed.

Key Takeaways: What Indiana Renters Should Know

• Your landlord must provide a safe, habitable apartment, which includes addressing major hazards such as exposed asbestos.
• If you suspect asbestos, document your concerns and send a written request for inspection to your landlord.
• Unresolved issues can be reported to official agencies such as the Indiana Department of Health or escalated to small claims court if necessary.

Remember, understanding your rights and keeping thorough records protects your health and your legal standing as a renter.

Need Help? Resources for Renters

• Indiana Housing and Community Development Authority – Renters Rights
• Indiana Department of Health – Environmental Public Health (for complaints & advice)
• Indiana Courts: Tenants & Landlords Resource Center (general legal information)
• Local county or city health departments (find contact via this official directory)
• Free state tenant hotline: Call 2-1-1 to connect to Indiana’s resource and referral network

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1. Indiana Security Deposits and Tenant Obligations Law: IC 32-31-8
2. Indiana Department of Environmental Management: Asbestos Program Requirements
3. Indiana Courts – Tenants & Landlords

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