North Dakota Tenant Rights: Asbestos in Older Rental Buildings

If you rent an older apartment or home in North Dakota, concerns about asbestos are understandable, especially since many buildings constructed before the 1980s may contain this hazardous material. Protecting your health and knowing your rights when it comes to asbestos in rental properties is essential. This guide focuses on what tenants in North Dakota should know about asbestos, your landlord’s responsibilities, and where to turn if action needs to be taken.

Understanding Asbestos in Rental Properties

Asbestos was commonly used in building materials such as insulation, floor tiles, and pipe coverings. Inhaling or disturbing asbestos fibers can cause serious health problems. In North Dakota, both federal and state laws regulate asbestos to protect tenants and the public.

• You have the right to live in a rental property that meets basic health and safety standards.
• Landlords are legally required to provide and maintain rental units that are fit for habitation, which includes addressing asbestos hazards.
• North Dakota's main landlord-tenant law is the North Dakota Century Code: Residential Landlord and Tenant Act¹.

Landlord Responsibilities for Asbestos in North Dakota

Under state law, landlords must maintain rental units that comply with state building, health, and safety standards. Asbestos that is intact and undisturbed may not require immediate removal, but landlords must address any asbestos that is damaged or poses a risk to tenants’ health. The North Dakota Department of Environmental Quality (NDDEQ) oversees asbestos safety regulations for the state.

• Landlords should disclose known asbestos hazards if asked by tenants.
• If asbestos is disturbed during repairs or renovations, only licensed asbestos abatement professionals should perform work.
• Landlords are responsible for notifying affected tenants before beginning any asbestos removal.

When Should a Tenant Take Action?

If you suspect exposed or damaged asbestos in your home, notify your landlord in writing as soon as possible. Request a repair and keep a copy of your letter or email for your records. If your landlord fails to adequately address the issue, you may contact the ND Department of Environmental Quality Asbestos Program for guidance or to report unsafe conditions.

Official Forms and How to File a Complaint

While there is no statewide asbestos-specific tenant complaint form, North Dakota renters can use general housing complaint channels:

• North Dakota Tenant Complaint Form (no formal state-issued form, but tenants may submit detailed written complaints to the North Dakota Attorney General's Consumer Protection and Landlord-Tenant Division).
  How to use it: If your landlord ignores your asbestos concerns, send written communication (letter or email) documenting your requests and landlord's responses. If there is no resolution, submit your documentation to the Attorney General’s office with a complaint description.

If you need to break your lease due to unresolved severe health hazards, you must follow the legal steps laid out by the North Dakota Century Code for proper notice and process. Read more in the ND Residential Landlord and Tenant Act¹.

Which Agency Oversees Tenant Complaints?

There is no single "tribunal" for residential tenancies in North Dakota, but complaints and disputes can be handled through the following official channels:

• North Dakota Attorney General - Landlord/Tenant Rights
• ND Department of Environmental Quality - Asbestos Program
• Court: Disputes about health and safety issues, including asbestos, can ultimately be filed in county Small Claims or District Court.

Taking Action: Steps for Renters Concerned About Asbestos

If you believe asbestos may be present and hazardous in your home, taking the following steps can help protect your health and ensure your rights are respected.

• Document the condition: Take photos or notes of any suspected asbestos damage, such as crumbling insulation or tiles.
• Notify your landlord in writing, specifying where and what you observed.
• Request prompt investigation and professional repair or abatement if necessary.
• If the issue is not resolved, contact state health or environmental authorities for assistance.
• Retain all correspondence in case you need to escalate the matter.

FAQ: Asbestos and Rental Rights in North Dakota

1. Can my landlord be held responsible for asbestos in my apartment?
   Yes, landlords must maintain safe and habitable rental housing under state law, which includes addressing unsafe or deteriorating asbestos conditions.
2. What if my landlord refuses to fix an asbestos hazard?
   Submit your request in writing, keep records, and if unaddressed, contact the North Dakota Attorney General’s Consumer Protection office or NDDEQ. You may also have the right to pursue action in small claims or district court.
3. Is there an official form to report asbestos hazards in North Dakota rentals?
   No state-specific form exists, but you can send a written complaint and all related documentation to the ND Attorney General’s office.
4. Am I allowed to withhold rent if asbestos isn't fixed?
   This is not automatically legal in North Dakota. You are encouraged to seek legal advice or contact the Attorney General before taking any action that could affect your lease obligations.
5. Can I break my lease over unresolved asbestos issues?
   If your unit is uninhabitable due to asbestos and the landlord has not fixed it after proper notice, you may have the right to terminate your lease with the correct notice as per the North Dakota Century Code.

Conclusion: Key Takeaways for Renters

• Landlords in North Dakota must provide safe and habitable housing, including addressing asbestos risks.
• Always communicate asbestos concerns in writing and keep copies of all correspondence.
• Reach out to official state agencies for help if your landlord does not respond appropriately.

Knowing your legal rights and acting promptly can significantly reduce health risks from asbestos exposure in rental properties.

Need Help? Resources for Renters

• North Dakota Department of Environmental Quality (Asbestos Program) – Asbestos safety info and complaint contacts
• ND Attorney General: Landlord-Tenant Rights – Tenant complaint guidance and contact details
• North Dakota Century Code Chapter 47-16.1 – Full text of ND landlord-tenant law
• For legal advice, consider contacting a local legal services provider such as Legal Services of North Dakota.

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1. North Dakota Century Code: Residential Landlord and Tenant Act

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