Can I break my lease if my landlord won’t fix an asbestos hazard?

In some cases, after proper notice and time for your landlord to respond, you may be able to terminate your lease if the rental is unsafe due to asbestos. Review Kansas law and consult with legal aid or your local court before acting.

Does my landlord have to tell me if there is asbestos in my rental?

Kansas does not require landlords to disclose asbestos, but they must maintain safe housing and address hazards if they arise.

Who pays for asbestos testing or removal in Kansas rentals?

Landlords are generally responsible for addressing and fixing issues that affect habitability, including asbestos hazards.

What steps should I take if I suspect asbestos in my apartment?

Notify your landlord in writing, document the issue, and contact local code enforcement or the health department if your landlord does not respond.

Which agency handles asbestos complaints in Kansas rental units?

For immediate health and safety concerns, contact your city or county's code enforcement office or the Kansas Department of Health and Environment.

Kansas Renters’ Rights: Asbestos Safety in Older Buildings

Health & Safety Standards Kansas published: June 21, 2025

If you rent an older apartment or home in Kansas, you might be concerned about hidden dangers like asbestos. Asbestos, once a popular building material for fireproofing and insulation, is now known to pose serious health risks when disturbed. Understanding your rights regarding asbestos hazards in rental housing can help you advocate for a safer living environment for yourself and your loved ones.

What Is Asbestos and Why Should Kansas Renters Care?

Asbestos refers to a group of fibrous minerals formerly used in many buildings for insulation, flooring, roofing, and pipe coverings, mainly before the mid-1980s. When intact, asbestos is generally not harmful, but damage or renovation can release tiny fibers that pose risks such as lung disease and cancer.

If your rental unit was built before 1981, it may contain asbestos in walls, ceilings, flooring, or heating systems.
Disturbed asbestos (for example, during repairs) is a health risk—immediate action is important.

Kansas Law and Tenant Rights: Safety Standards for Rental Housing

In Kansas, landlords must provide rental units that are safe and habitable. While there is no Kansas-specific law that requires landlords to test for or disclose asbestos, landlords are required under the Kansas Residential Landlord and Tenant Act to keep rental premises in a fit and safe condition¹.

Duty to Maintain: Landlords must comply with housing and health codes, and must make all repairs necessary to keep the premises safe.
Imminent Health Hazards: Exposure to friable (easily crumbled) asbestos can be considered a health hazard. Renters may request repairs or hazard abatement.

Federal law, enforced by the U.S. Environmental Protection Agency (EPA), requires certain standards to be followed during demolition or renovation of buildings containing asbestos, but does not require regular testing or removal in occupied homes unless work will disturb asbestos.

How to Identify and Respond to Asbestos Concerns

If you suspect asbestos in your Kansas rental and believe it's disturbed or damaged:

Document the condition (photos, notes, correspondence).
Notify your landlord in writing and request a professional assessment or remediation.
Contact your local health department if you believe your landlord isn’t addressing imminent health hazards.

If the issue is ignored, you may have the right to file a complaint or report unsafe conditions to the authorities. Do not attempt to remove or disturb materials yourself, as this can be hazardous.

Filing a Complaint: Official Forms and Process

There is no state-specific asbestos complaint form just for tenants, but you may use the following resources to take action:

Kansas Residential Complaint Form – Kansas Attorney General Consumer Protection Division
Complaint Form Portal
Use when: Your landlord refuses to remedy severe conditions, including dangerous asbestos exposure. For example, if you report crumbly insulation and your landlord fails to act, submit this with photos and written correspondence.
City or County Code Enforcement Complaint – Contact your city or county’s code enforcement office (e.g., Wichita-Sedgwick County Environmental Health for Wichita); check local websites.
Use when: You notice damage (such as deteriorating ceiling tiles or pipes) that may be an asbestos hazard.

After submitting a complaint, authorities may inspect the unit, order repairs, or take enforcement actions if the hazard is confirmed.

If you feel your health is in immediate danger, contact your local health department or Kansas Department of Health and Environment for urgent help.

Which Tribunal Handles Tenant Disputes in Kansas?

Residential tenancy disputes in Kansas, including those about unsafe or unfit housing conditions, are usually handled by your local Kansas District Court. Renters may file claims here if the landlord fails to address habitability issues after proper notice.

Kansas Legislation Protecting Tenant Health and Safety

The Kansas Residential Landlord and Tenant Act is the primary law outlining your rights to a habitable rental. Key sections include:

K.S.A. 58-2553: Landlord to maintain fit premises
K.S.A. 58-2564: Tenant’s remedies for landlord’s failure to maintain premises

Summing up, if asbestos threatens your health or safety, your landlord’s failure to act may breach these laws.

FAQ: Kansas Renters and Asbestos Concerns

Can I break my lease if my landlord won’t fix an asbestos hazard?
In severe cases where your landlord fails to correct a proven health hazard after proper notice, you may be able to terminate your lease early under the Kansas Residential Landlord and Tenant Act. Always consult the official law or seek legal help before acting.
Does my landlord have to tell me if there is asbestos in my rental?
There is no Kansas law requiring landlords to disclose the presence of asbestos. However, landlords must still provide safe, habitable housing and comply with health codes.
Who pays for asbestos testing or removal?
Generally, landlords must pay for necessary repairs or professional abatement if the asbestos creates an unsafe living condition. Tenants should not attempt removal themselves.
What do I do if I suspect asbestos is exposed in my apartment?
Notify your landlord in writing, do not disturb the material, and seek an inspection. Contact local code enforcement or the health department if conditions are not promptly addressed.
Which agency regulates asbestos removal in Kansas?
The Kansas Department of Health and Environment oversees asbestos abatement and safety for contractors and large projects. For renter concerns, start with local city/county code enforcement or health officials.

Key Takeaways for Kansas Renters

If you suspect damaged or exposed asbestos in your rental, promptly notify your landlord and document everything.
Kansas law protects your right to a habitable home, even though disclosure of asbestos isn’t specifically required.
Use official complaint processes if your landlord fails to act, and always seek professional help for asbestos concerns—never attempt repairs yourself.

Knowing these steps helps ensure your rental home is safe and healthy.

Need Help? Resources for Renters

Kansas Statutes Annotated, Uniform Residential Landlord and Tenant Act, K.S.A. §§ 58-2540, 58-2553, 58-2564
Kansas Department of Health and Environment – Asbestos Control Program
U.S. EPA Asbestos: Laws and Regulations