Maine Renters' Rights: Asbestos in Older Buildings
For renters in Maine, living in an older building can raise important health and safety concerns—including asbestos. Understanding your rights regarding asbestos in rental properties helps you protect yourself, ensure landlord accountability, and live in a safe home. This article explains key laws, official forms, what steps to take, and where to get help if you think your rental may contain asbestos.
Understanding Asbestos and Rental Housing
Asbestos is a naturally occurring mineral once used in construction for fireproofing and insulation, especially in buildings built before 1980. While intact asbestos is not always hazardous, damaged or disturbed asbestos materials can release microscopic fibers that are dangerous when inhaled.
Landlords in Maine are required to maintain safe and habitable rental properties. That includes addressing hazardous materials like asbestos, as outlined in the Maine Landlord-Tenant Act.1
How Landlord Responsibilities Apply
- Complying with health and safety codes set by Maine laws.
- Making necessary repairs to keep rentals safe and free from hazardous conditions.
- Notifying tenants if there is a known presence of asbestos during renovations or when damage may disturb asbestos-containing materials.
- Following federal rules (like those from EPA Asbestos Safety and the Maine Department of Environmental Protection).
Landlords should never ignore reports of visible damage (crumbling insulation, worn floor tiles, etc.) that may involve asbestos.
What Tenants Can Do If You Suspect Asbestos
If you think your rental may contain asbestos or you notice crumbling, damaged, or exposed materials, take these steps:
- Document the issue. Take clear photos and write down where and what you observed.
- Notify your landlord in writing. Give a written description and keep a copy for your records.
- If your landlord does not respond or refuses to address the hazard, you can file a complaint with local or state officials.
For urgent risks where asbestos may be disturbed, contact your local code enforcement officer right away. They can conduct an inspection and require corrective action from the landlord.
Your landlord cannot legally retaliate against you for raising a health or safety concern, including asbestos, under Maine law.
Official Forms Maine Renters May Need
-
Code Enforcement Complaint Form
Used to report unsafe building conditions to your local code enforcement office.
Download from Maine Center for Disease Control & Prevention
Example: If your landlord does not repair visible, deteriorating insulation you believe may contain asbestos, file this form to request an official inspection. -
Rental Housing Complaint Form (Maine DHHS)
For reporting unsanitary or hazardous rental conditions (including asbestos) to the state health department.
Submit through Maine DHHS Environmental Health
Example: Use this form if other efforts with your landlord fail and unsafe asbestos exposure remains.
Be thorough and provide photos or documentation along with your complaint.
Which Tribunal Handles Rental Disputes in Maine?
Residential tenancy issues in Maine, including landlord-tenant health and safety disputes, are handled in the Maine District Court system. You may also work with your municipal code enforcement officer if the issue is specific to building safety.
Relevant Legislation and Where to Read It
- Maine Revised Statutes, Title 14, §6021: Landlord's Duty to Maintain
- Maine Landlord-Tenant Act
- Maine Department of Environmental Protection: Asbestos Program
- EPA: Asbestos Laws and Guidance
These resources explain your rights, landlord obligations, and steps for reporting unsafe conditions under Maine law.
Frequently Asked Questions (FAQs)
- What is my landlord required to do about suspected asbestos in Maine?
Your landlord must maintain safe, habitable housing and address known asbestos hazards, especially when disturbed or deteriorating. They must also follow state and federal laws for asbestos safety. - How do I report unsafe conditions involving asbestos?
Start by notifying your landlord in writing. If not resolved, file a complaint with local code enforcement or the Maine DHHS using the official forms provided above. - Can I withhold rent if my landlord doesn't fix an asbestos issue?
You must follow legal procedures. Withholding rent in Maine may only be an option after giving written notice and a reasonable time to correct the hazard. Seek advice before taking this step. - Are landlords required to remove all asbestos from old apartments?
No, removal is only legally required if asbestos is friable (easily crumbled), damaged, or will be disturbed. Safe, intact asbestos in good condition does not always require removal. - Who enforces Maine asbestos safety laws for renters?
Local code enforcement officers and the Maine District Court system address rental property safety. The Maine Department of Environmental Protection regulates asbestos removal and abatement projects.
Key Takeaways For Maine Renters
- Landlords in Maine must maintain safe rentals and handle asbestos hazards according to state law.
- Tenants should document problems and use official complaint forms if health concerns are not addressed.
- Help is available from local code enforcement, state agencies, and the court system to resolve health and safety disputes.
Staying informed and knowing your rights helps ensure your rental home is a safe place to live.
Need Help? Resources for Renters
- Maine DHHS Environmental Health Rental Housing: Report health and safety issues, including asbestos.
- Maine District Court - Tenant & Landlord Self-Help: Guidance and forms for resolving disputes.
- Maine DEP Asbestos Information: Learn about laws and safe removal procedures.
- MaineHousing: Renter Programs and Resources
- Contact your local code enforcement office for inspections and urgent safety complaints.
- Maine Landlord-Tenant Act (Title 14, §6001 et seq.), State of Maine Legislature
- Landlord's Duty to Maintain (Title 14, §6021), State of Maine Legislature
- Maine Department of Environmental Protection: Asbestos
- EPA: Asbestos Laws and Guidance
- Maine District Court - Tenant & Landlord Information
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
Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
Related Articles
- Maine Rental Housing Health Codes Explained for Renters · June 21, 2025 June 21, 2025
- Maine Renters: Your Rights With Pest Infestations · June 21, 2025 June 21, 2025
- Maine Renters: Carbon Monoxide & Smoke Detector Laws Explained · June 21, 2025 June 21, 2025
- Maine Rental Air Quality and Ventilation Rules Explained · June 21, 2025 June 21, 2025
- Maine Renters: Understanding Lead Paint Laws · June 21, 2025 June 21, 2025
- Maine Landlord Radon Testing Rules for Renters · June 21, 2025 June 21, 2025
- Maine Renters: Know Your Safe Drinking Water Rights · June 21, 2025 June 21, 2025
- Maine Fire Escape and Sprinkler Rules for Renters · June 21, 2025 June 21, 2025
- Secondhand Smoke Complaints: Maine Renters’ Rights & Actions · June 21, 2025 June 21, 2025