Maryland Tenant Rights: Asbestos Hazards in Rental Homes

Living in an older Maryland rental property can sometimes come with hidden health risks, including asbestos. Asbestos is a dangerous material once used in many building materials before the 1980s. If asbestos in your home is disturbed, microscopic fibers may become airborne, causing serious health issues if inhaled. Maryland law provides important protections and processes if you're worried about asbestos in your rental. Here’s a detailed guide to help you understand your rights and the steps you can take to stay safe and informed.

What is Asbestos and Why is it a Concern for Maryland Renters?

Asbestos is a mineral fiber previously used for fireproofing and insulation in buildings. Over time, many older buildings (especially built before 1980) may contain asbestos in their walls, ceilings, flooring, or pipes. When left undisturbed, asbestos usually does not pose an immediate risk. However, if the materials are damaged or deteriorate, asbestos fibers may be released, which can cause severe health problems like lung cancer and asbestosis.

Your Rights & Landlord Obligations Under Maryland Law

In Maryland, landlords have a legal duty to provide rental housing that does not endanger a tenant’s health or safety. This is enforced under the Maryland Code, Real Property Article § 8-211, which covers hazardous conditions and basic habitability standards¹. While state law does not specifically mention asbestos, the landlord is required to fix conditions that "constitute a serious and substantial threat to the health or safety of the occupants"—which can include exposed or crumbling asbestos.

• Landlords must respond promptly if you report unsafe or deteriorating materials you suspect contain asbestos.
• You have the right to file an official complaint with local housing authorities if the landlord does not address hazardous conditions.

How Asbestos Complaints Are Handled in Maryland

When you alert your landlord about a potential asbestos issue, they should investigate and, if needed, arrange for a certified professional to assess and, if required, remove the asbestos. Maryland’s Department of the Environment (MDE) oversees standards for asbestos abatement and removal.

• If you feel your landlord is not taking the issue seriously, you can file a housing complaint with your local city or county housing department. In Baltimore City, for example, complaints are handled by the Department of Housing & Community Development Code Enforcement Office.
• Statewide, the Maryland Department of the Environment Asbestos Program provides oversight and resources.

Official Forms & Steps for Reporting Asbestos Issues

• Rental Complaint Form (for Baltimore City):
  • Name/Number: Baltimore City Rental Complaint – No official form number
  • When to Use: If your landlord fails to fix dangerous asbestos conditions after you notify them
  • How It’s Used: Submit online or in person to request a Code Enforcement inspection.
  • Submit your rental complaint here
• MDE Asbestos Complaint Form:
  • Name/Number: Asbestos Complaint Form (Maryland Department of the Environment) – No official form number
  • When to Use: If you believe an asbestos hazard exists and local authorities have not resolved it
  • How It’s Used: Complete and submit directly to MDE for investigation by a state inspector.
  • File an asbestos complaint with MDE

Maryland’s Rental Tribunal and Where You Can Seek Official Help

Disputes involving rental housing health hazards can be handled by your local District Court, which oversees landlord-tenant matters statewide. Learn more about filing cases or rent escrow here: Maryland District Court Landlord-Tenant Resources.

What to Do if You Suspect Asbestos in Your Maryland Rental

Always start by documenting the condition with photos and sending written notice to your landlord. Maryland law requires you to notify your landlord and give them a reasonable chance to fix hazardous conditions. If you feel your health is at serious risk, contact your local housing authority and the MDE Asbestos Program for guidance.

• Do not try to remove or disturb suspected asbestos yourself.
• If an inspector confirms asbestos is present and dangerous, you may be eligible to pay rent into escrow until repairs are made.

FAQ: Maryland Renters and Asbestos Safety

1. Is my landlord required to test for asbestos before I rent?
   No, Maryland does not require landlords to proactively test for asbestos in rental properties. However, landlords must address hazards that pose a threat to tenants’ health if notified.
2. What if my landlord ignores my asbestos complaint?
   You can file a formal complaint with your local housing department or the Maryland Department of the Environment. You may also bring the issue to District Court if repairs are still not made.
3. Can I legally withhold rent due to asbestos problems?
   Maryland allows rent escrow in some cases. If a hazardous condition isn’t fixed after proper notice, you can ask the District Court to let you pay rent into court until repairs are made. Learn more at the Rent Escrow Petition (DC-CV-083) form page.
4. Are there penalties if my landlord fails to handle asbestos safely?
   Yes, landlords may face fines or enforcement actions if they violate state asbestos safety rules or habitability laws.
5. What should I do first if I suspect asbestos?
   Document the issue, give written notice to your landlord, and reach out to your local housing code enforcement office if not addressed quickly.

Key Takeaways for Maryland Renters

• Landlords must maintain safe, habitable rentals and fix serious hazards like exposed asbestos if notified.
• You have the right to file complaints with local authorities and the state for unresolved issues.
• Never disturb suspected asbestos—report it and let certified professionals handle the situation.

Understanding these steps helps you protect both your health and your tenancy rights.

Need Help? Resources for Renters

• Maryland Department of the Environment Asbestos Program—guidance and complaint forms
• Baltimore City Housing Code Enforcement—file rental property health complaints in Baltimore
• Maryland District Court Landlord-Tenant Resources—rent escrow information and forms
• Maryland Legal Aid Housing Unit—free legal resources for tenants

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1. Maryland Code, Real Property Article § 8-211 - Repair of Dangerous Defects
2. DC-CV-083: Petition in Action of Rent Escrow (Maryland District Court)
3. Maryland Department of the Environment – Asbestos Program

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