Michigan Tenant Rights: Asbestos in Older Rental Buildings

As a renter in Michigan, you have the right to a safe living space. For those living in older apartments or rental homes, asbestos exposure can be a real concern. Understanding your protections as a tenant, and knowing how to act if asbestos is discovered, is crucial for your health and safety.

Understanding Asbestos Risks in Michigan Rentals

Asbestos is a mineral once commonly used in insulation, flooring, and other building materials—especially in homes built before 1980. While undisturbed asbestos is usually not hazardous, it can release harmful fibers if damaged, leading to serious health risks like lung disease and certain cancers.

Landlord Responsibility for Asbestos Hazards

Michigan law requires landlords to provide a habitable residence, which includes keeping the unit safe and free from environmental hazards like exposed asbestos. These duties are covered by the Michigan Truth in Renting Act and Michigan’s Public Health Code.^[1][2] Landlords are also required by federal law to disclose the known presence of asbestos during leasing for certain properties.

• Promptly address any reported asbestos issues
• Follow safe removal or containment protocols as outlined by the Michigan Department of Environment, Great Lakes, and Energy (EGLE)
• Keep renters informed before work begins on potential asbestos-containing areas

What to Do if You Suspect Asbestos in Your Rental

If you notice crumbling insulation, old vinyl flooring, or other suspicious materials, it’s important to act:

• Do not disturb any suspected materials
• Notify your landlord or property manager in writing about your concerns
• Request a licensed professional inspection if removal is warranted

If your landlord doesn’t respond, you have the right to file a health or housing complaint with your local public health department or the Michigan EGLE Asbestos Program.

Official Complaint Forms and How to Use Them

• Tenant Complaint Form (MDARD)
  Michigan Department of Agriculture & Rural Development (MDARD) Tenant Complaint Form
  When to use: If your landlord fails to address hazardous conditions like exposed asbestos, you can submit this form. Fill out your information, describe the problem, and submit to MDARD for investigation.
• Local City or County Housing Complaint Form
  When to use: Contact your city or county housing department’s code enforcement office—most have an online or printable housing complaint form. For example, Detroit residents can use the Detroit Rental Property Complaint Form for local enforcement.

Completing these forms typically involves:

• Describing the suspected asbestos hazard
• Documenting your communication with your landlord (emails, letters)
• Attaching photos if possible

If you fear immediate health risks, call your local health department or the Michigan EGLE Asbestos Program directly for guidance.
Never try to remove, repair, or touch asbestos-containing materials yourself.

Michigan’s Main Housing Tribunal and Legislation

For unresolved disputes, the Michigan District Court is the main tribunal handling landlord-tenant cases.^[3] Michigan’s core rental law is the Truth in Renting Act and Michigan Landlord and Tenant Relationships Act.^[1][4]

Renters’ Right to Safe Entry and Relocation

If unsafe conditions exist, renters may be eligible for temporary relocation or a rent reduction while repairs are completed. Be sure to keep all records and communicate in writing with your landlord. If you need to pursue action in court, the Michigan District Court hears these matters and can order repairs or other remedies if necessary.

FAQ: Common Renter Questions About Asbestos in Michigan

1. What should I do if I think there is asbestos in my apartment?
   Immediately inform your landlord in writing. Do not disturb the area. If your landlord does not respond, file a complaint with your local health department or the Michigan EGLE Asbestos Program.
2. Are landlords required to remove asbestos if found?
   Yes, Michigan landlords must address asbestos that creates a hazard. They must arrange for containment or removal by licensed professionals to maintain a habitable unit.
3. Can I withhold rent if asbestos is present?
   Generally, Michigan law does not allow rent withholding without a court order. Contact local legal aid or the Michigan District Court for advice before withholding rent.
4. Who pays for temporary relocation if asbestos is being removed?
   If asbestos remediation makes the unit unsafe, landlords may be responsible for temporary relocation costs. Document all expenses and correspondences.

Conclusion: Key Takeaways

• You have the right to a safe environment—speak up if you suspect asbestos
• Landlords are responsible for addressing asbestos hazards according to Michigan law
• File an official complaint if issues aren’t resolved—state and local agencies can help

Always keep written records and follow up with official channels if you do not get a timely response from your landlord.

Need Help? Resources for Renters

• Michigan EGLE Asbestos Program – For asbestos reports and guidance
• Michigan Department of Agriculture & Rural Development: Tenant Complaints – For rental and maintenance complaints
• Michigan Legal Help – Free legal information and resources for renters
• Michigan District Court – For formal dispute resolution

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1. Michigan Legislature: Truth in Renting Act
2. Michigan Department of Health & Human Services: Public Health Code on Asbestos
3. Michigan State Court System: District Court
4. Michigan Legislature: Landlord and Tenant Relationships Act

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