Ohio Renters: Asbestos Exposure Rights and Safety Steps

Renting an older apartment or house in Ohio can come with hidden health concerns. One potential issue is asbestos—a hazardous material that was commonly used in building construction until the late 1970s. If you're a tenant concerned about asbestos in your rental home, understanding your rights and the landlord’s obligations under Ohio law is essential for your safety and peace of mind.

What Is Asbestos and Why Is It a Concern for Ohio Tenants?

Asbestos is a mineral fiber used in many building materials for insulation and fireproofing. While undisturbed asbestos is not typically dangerous, it can become hazardous if the materials are damaged, worn, or disturbed, releasing harmful fibers that can cause lung disease and cancer over time.

Where Might You Find Asbestos in Ohio Rental Properties?

• Ceiling and floor tiles
• Old insulation around pipes or boilers
• Popcorn ceilings or textured paint
• Roofing and siding shingles

If your building was built before 1980, there is a higher chance it contains asbestos-containing materials.

Landlord Responsibilities: Asbestos and Tenant Safety

Under the Ohio Landlord-Tenant Act (Ohio Revised Code Chapter 5321), landlords must keep rental units safe and livable. This includes addressing environmental and health hazards like asbestos if they pose a risk to tenants.^[1]

• If asbestos materials are in good condition and undisturbed, they are generally considered safe.
• If asbestos is exposed, damaged, or crumbling, landlords must take action to repair or remediate the hazard.
• Landlords must comply with federal and state asbestos laws, including notifying tenants as required when major renovations or demolitions may disturb asbestos.

What Should Tenants Do If They Suspect Asbestos?

• Avoid disturbing any suspicious materials yourself.
• Notify your landlord immediately in writing about your concerns.
• Request an asbestos inspection if you believe materials are damaged or deteriorating.

How to File a Complaint or Request Repairs in Ohio

Ohio tenants can take formal steps if a landlord does not respond to a potential asbestos hazard:

• Written Notice to Landlord: You can use a letter to formally notify your landlord about the issue and request repairs.
• Escrow Your Rent: If the hazard is not addressed, you may be eligible to deposit your rent with your local municipal or county court using the "Notice to Escrow Rent" (Form: Application by Tenant to Deposit Rent with Court). This gives you legal protection while repairs are pending.^[2]

The "Application by Tenant to Deposit Rent with Court" form is available through your local municipal or county court. For example, the Cleveland Municipal Court provides the Rent Escrow Application. Use this form after providing your landlord with written notice and allowing a reasonable time (around 30 days) for repairs.

Ohio Residential Tenancy Tribunal

Disputes between renters and landlords over asbestos remediation can ultimately be filed with your local Municipal or County Court Housing Division, which hears landlord-tenant cases statewide. For more information, visit the official Ohio Court Directory to find your jurisdiction.

Before taking legal steps, always try to work things out directly with your landlord first and keep a full record of all communication.

FAQ: Asbestos and Tenant Rights in Ohio

1. Do landlords have to remove asbestos from older Ohio buildings?
   Landlords are required to address asbestos if it becomes hazardous to tenants, such as when it is crumbling, exposed, or likely to be disturbed.^[1]
2. How do I know if there is asbestos in my Ohio rental?
   Look for materials common in older buildings, like popcorn ceilings or old pipe insulation, but only a qualified professional can confirm the presence of asbestos.
3. Can my landlord evict me for complaining about asbestos?
   Ohio law prohibits retaliation against tenants for asserting their rights or complaining about hazardous living conditions.^[1]
4. What official form do I use to escrow my rent?
   Use the "Application by Tenant to Deposit Rent with Court" from your local municipal or county court after proper written notice to your landlord. See an example form.
5. Who enforces residential tenancy laws in Ohio?
   Your local municipal or county housing court is responsible for resolving landlord-tenant disputes. Find your court via the Ohio Courts directory.

Key Takeaways for Ohio Renters

• Landlords must ensure your unit is free from hazardous asbestos and make necessary repairs.
• Document your concerns and communications; use the official rent escrow process if needed.
• Your local housing court can help resolve disputes if concerns about asbestos remain unresolved.

Need Help? Resources for Renters

• Ohio Department of Health: Asbestos Program
• Find Your Local Housing Court
• Ohio Landlord-Tenant Law: Ohio Revised Code Chapter 5321
• HUD Ohio Tenant Resources

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1. Ohio Landlord-Tenant Act - Ohio Revised Code Chapter 5321
2. Cleveland Municipal Court - Rent Escrow Forms

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