Massachusetts Tenant Rights: Asbestos in Old Buildings

As a Massachusetts renter, understanding your health and safety rights is crucial—especially in older buildings where asbestos may be present. Asbestos, a hazardous material once commonly used in construction, can lead to serious health risks if disturbed. Massachusetts law requires landlords to maintain rental properties in a way that protects tenants from known dangers, including asbestos exposure.

Understanding Asbestos in Massachusetts Rentals

Asbestos was widely used in building materials before the 1980s. In Massachusetts, many rental apartments or homes built before this time may contain asbestos in insulation, floor tiles, ceilings, and other materials. Asbestos is generally not dangerous if it is left undisturbed and in good condition, but if damaged or during repairs, fibers can become airborne and hazardous to your health.

Landlord Responsibilities

• Keep all building materials containing asbestos in safe condition.
• Promptly address any damaged or disturbed asbestos discovered in a rental unit.
• Comply with state and federal asbestos safety requirements.
• Notify and protect tenants if major renovations or asbestos removal is required.

Under the Massachusetts General Laws Chapter 186, Section 14 and Chapter 111, Section 127A, tenants have the right to a safe, habitable home free from health hazards.

Recognizing Asbestos Hazards

If you suspect asbestos is present or notice possible damage (crumbling ceiling tiles, exposed insulation, etc.), do not try to remove or disturb it yourself. Instead, document what you observe and notify your landlord in writing.

What to Do If You Find Suspected Asbestos

• Do not disturb the material—leave it alone and avoid the area if possible.
• Notify your landlord in writing with details and photos, asking for an inspection or professional evaluation.
• If your landlord fails to respond, you can file a complaint with your local Board of Health.

If the issue is not addressed, the local Board of Health can order the landlord to fix the problem or even condemn the apartment if it is considered unsafe.

Making a Formal Complaint

Your local Board of Health is responsible for handling housing code violations, including asbestos concerns. If you need to file a complaint, use the "Housing Code Complaint" form for your municipality (names may vary; some towns also call it a "Sanitary Code Complaint form").

• When and how to use: Submit this form if your landlord does not take care of damaged asbestos or does not respond to your report. Example: A renter notices a crumbling pipe in the basement and landlord ignores written requests for repair, so the renter files this complaint with the Board of Health.
• Find and file your town's Housing Code Complaint Form

Important Contacts and Legal Protections

• The Massachusetts Department of Public Health and local Boards of Health enforce health and safety standards for rental properties.
• If the landlord retaliates or attempts eviction after you report a health hazard, the law may protect you. Refer to Your Rights as a Tenant in Massachusetts for more information.

Massachusetts Tenancy Tribunal and Law

Tenant-landlord disputes related to habitability—like asbestos hazards—are handled by the Massachusetts Housing Court. The main laws protecting renters are Massachusetts General Laws Chapter 186 and the State Sanitary Code (Chapter 111, Sections 127A–127L).

FAQ: Massachusetts Renters & Asbestos

1. What should I do first if I find suspected asbestos in my apartment?
   Notify your landlord in writing and avoid disturbing the material. If your landlord doesn't respond promptly, contact your local Board of Health to request an inspection.
2. Can my landlord remove me from my apartment if I report asbestos?
   No, retaliation such as eviction or raising rent after you report a health or safety concern is generally prohibited by Massachusetts law. If this happens, the Massachusetts Housing Court offers protections.
3. Is my landlord required to disclose asbestos to me?
   While federal law requires disclosure of lead paint, Massachusetts does not have an explicit law requiring landlords to disclose asbestos, but they must address conditions that could pose a health hazard.
4. What official form do I use to complain about unsafe living conditions?
   Use your local "Housing Code Complaint" form, which can usually be found on your city or town's website or through the Massachusetts government website.
5. What agency enforces asbestos safety in Massachusetts rentals?
   The local Board of Health enforces most rental safety issues, and the Massachusetts Department of Public Health oversees broader asbestos regulations.

Key Takeaways for Massachusetts Renters

• Your landlord must maintain safe living conditions, including dealing with any asbestos hazards.
• If you suspect a problem, notify your landlord in writing and document everything.
• If your landlord fails to act, file a complaint with your local Board of Health and consider your rights in Housing Court.

Act quickly if you notice possible asbestos: it helps protect your health and can prevent bigger issues down the road.

Need Help? Resources for Renters

• Find Your Local Board of Health – File or discuss health and safety concerns
• Massachusetts Housing Court – Handles legal disputes between tenants and landlords
• Massachusetts State Sanitary Code – Official standards for apartment safety
• Your Rights as a Tenant in Massachusetts – State overview
• Mass Legal Help: Tenant Self-Help Resources – Free guides and forms (from government-funded legal aid)

---

1. Massachusetts General Laws Chapter 186, Section 14 – Landlord Duties
2. 105 CMR 410: State Sanitary Code – Minimum Standards of Fitness for Human Habitation
3. How to File a Housing Code Complaint (Mass.gov)
4. Massachusetts Housing Court
5. Massachusetts Asbestos Safety Program

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