Missouri Renters: Your Rights When Asbestos Is Discovered

As a renter in Missouri, living in an older building can leave you with concerns about health hazards like asbestos. Understanding your rights and the landlord’s responsibilities can help you ensure your living environment meets safety standards. This article explains what you should know if you suspect or discover asbestos in your rental property, including Missouri tenant protections, complaint steps, and important resources.

What Is Asbestos, and Why Does It Matter in Missouri Rentals?

Asbestos is a group of minerals once widely used for insulation and fireproofing in buildings built before 1980. While undisturbed asbestos generally poses little immediate risk, when fibers become airborne (from damage, renovation, or deterioration), they can harm your health. Exposure may lead to serious conditions like mesothelioma or lung disease.

• Many older Missouri apartment complexes and homes may contain asbestos in floor tiles, insulation, or ceiling materials.
• Federal (EPA asbestos regulations) and Missouri’s own rules require steps to prevent exposure in rental housing.

Landlord Responsibilities and Renter Rights

Landlords must provide housing that meets the “implied warranty of habitability.” This means rentals must be safe, clean, and fit to live in. In Missouri, landlords are responsible for:

• Maintaining the property and repairing dangerous conditions, including substances like asbestos that pose a health hazard.
• Disclosing known asbestos if it could affect renters’ health or safety, especially before remodeling work or repairs that could disturb asbestos-containing materials.

If you believe your home contains damaged or deteriorating asbestos, notify your landlord in writing and request a proper inspection or abatement by certified professionals. If your landlord does not address the hazard, you have specific options under Missouri tenant law.^[1]

Filing an Official Complaint or Request in Missouri

Start by alerting your landlord, preferably in writing, about your concerns. If there’s no response or the issue isn’t handled promptly, you may take further steps:

Official Forms and How to Use Them

• Missouri Tenant Complaint Form (No official statewide number):
  Use when: You’ve asked your landlord to fix an urgent health and safety hazard like asbestos, but nothing has been done.
  How: Fill out the Missouri Attorney General's Landlord-Tenant Complaint form and submit it online or by mail. This initiates a review by the state's consumer protection office.

Practical example: If your landlord ignores your requests to inspect or address crumbling asbestos insulation, this form helps you involve the state for potential mediation or enforcement.

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Missouri Landlord-Tenant Lawsuit Form (handled by local Circuit Courts):
Use when: You need to pursue legal action, like withholding rent or repairing the home and deducting the cost.
How: File a Petition – Small Claims form if your claim is under $5,000. For habitability cases, contact your local court clerk to discuss the right form and procedures.

For habitability or rent-related disputes, you may also need to appear before your local Missouri Circuit Court. Find your local Missouri court for tenant issues and small claims.

Which Tribunal Handles These Issues?

In Missouri, there is no state-wide residential tenancy tribunal. Tenant disputes, repairs, and health & safety issues go before the Missouri Circuit Courts. These courts handle landlord-tenant suits and enforcement of habitability rights.

Relevant Legislation: Missouri Landlord-Tenant Law

Your asbestos-related rights are backed primarily by the Missouri Revised Statutes Chapter 441 – Landlord and Tenant and Chapter 535 for unlawful detainer or rent withholding cases.^[2] Missouri law supports your right to a livable space and sets out the remedies if this is not provided.

What to Do If You Suspect Asbestos Exposure

Act promptly to protect your health. Here’s a brief overview of the steps to take:

• Document the problem with photos and written descriptions.
• Notify your landlord in writing, asking for immediate inspection by a certified asbestos professional.
• If ignored, file a complaint with the state using the Attorney General’s Landlord-Tenant Complaint form.
• Contact your local health or building department for further inspection referrals.
• As a last resort, consider legal action through your local court if the problem remains unaddressed.

Tip: Never attempt to remove or repair asbestos materials yourself. Only licensed professionals are allowed to handle asbestos safely.

Missouri law is designed to protect tenants, but it relies on your active reporting and documentation to trigger support.

Frequently Asked Questions

1. Does my landlord have to remove asbestos in my Missouri rental?
   Landlords must repair or address hazardous asbestos conditions that threaten tenant health or violate habitability laws. If the asbestos is not disturbed, Missouri law does not necessarily require removal, but it must be managed safely.
2. Can I withhold rent if my landlord ignores asbestos hazards?
   You should not withhold rent without taking legal steps. If your unit is unsafe, consult legal resources or the court before withholding rent, as improper withholding may risk eviction.
3. Who can inspect my rental for asbestos?
   Only Missouri-certified asbestos professionals or the local health department can legally inspect, test, and confirm asbestos hazards. Tenants can request an inspection through their landlord or local officials.
4. What agency should I report unaddressed asbestos to?
   Report ongoing asbestos hazards through the Missouri Attorney General's Landlord-Tenant Complaint process or to your local health department.
5. Where can I find the Missouri tenant rights laws?
   You can review the Missouri Revised Statutes Chapter 441 for landlord-tenant rights and responsibilities.

Key Takeaways for Missouri Tenants

• Missouri renters have a right to a safe, livable rental, free from unmanaged asbestos risks.
• Landlords must respond to written asbestos concerns and use only certified professionals for repairs.
• State law and official complaint forms offer protection when landlords do not take action.

Acting quickly and using the right forms helps protect your health and rights as a Missouri tenant.

Need Help? Resources for Renters

• Missouri Attorney General's Landlord-Tenant Complaint: For official complaints about landlord neglect or unsafe conditions.
• Find Your Local Missouri Circuit Court: For filing lawsuits or seeking legal remedies.
• Missouri Department of Health & Senior Services – Asbestos Program: For information on licensed asbestos professionals and health guidance.
• HUD Missouri Tenant Rights Resources: Federal rental assistance and health & safety tips.

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1. Missouri Revised Statutes Chapter 441 – Landlord and Tenant. See especially sections on habitability and tenant remedies: Missouri Tenant Law
2. Missouri Attorney General. Landlord-Tenant Complaint Process: Attorney General's complaint form

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