Oregon Tenant Rights on Asbestos in Older Rentals

If you rent an older property in Oregon, concerns about asbestos are both understandable and important. Oregon law gives renters clear rights regarding safe housing, and landlords have legal duties to address hazardous conditions like asbestos. This article will help you understand your protections, what to do if asbestos is suspected, and where to get help.

Understanding Asbestos in Rental Housing

Asbestos was commonly used in construction materials before the 1980s. While undisturbed asbestos is not usually dangerous, it becomes hazardous when damaged, crumbling, or during renovation due to the risk of inhaling fibers. Landlords must maintain rental homes in a safe and habitable condition. Exposure to asbestos is a significant health and safety violation under Oregon law.

Landlord Responsibilities for Asbestos

Under the Oregon Residential Landlord and Tenant Act, landlords are required to:

• Keep units fit and habitable, free from hazards like exposed or damaged asbestos
• Promptly repair dangerous conditions affecting health or safety
• Disclose known environmental hazards (such as asbestos, lead) when required by law

If asbestos becomes exposed because of deterioration or repairs, landlords must address the issue as soon as they are notified.

Your Rights as an Oregon Renter

Every renter in Oregon is entitled to safe and healthy housing. If you are worried about possible asbestos exposure, the law protects your right to:

• Notify your landlord in writing requesting repairs
• File a complaint if repairs are not made in reasonable time
• Contact state or local authorities for inspection and enforcement
• Take stronger actions if the landlord does not resolve a serious health hazard

Reporting Unsafe Conditions: Step-by-Step

1. Notify Your Landlord: Write a dated letter describing the suspected asbestos and request prompt repairs.
2. Allow Reasonable Time: Oregon law generally requires landlords to address urgent safety repairs within 24–48 hours. Non-urgent repairs must be started within a reasonable period.
3. File a Complaint if Unresolved: If the landlord fails to respond appropriately, file a complaint with your local code enforcement office or the Oregon Building Codes Division.

Relevant Official Forms and How to Use Them

• Notice of Essential Repairs (no standard form number): Used to formally request that your landlord handle health or safety repairs.
  Example: If you believe asbestos insulation is crumbling in your unit, you would fill out a written notice describing the issue and deliver it to your landlord either in person or by certified mail.
  More info and template: Oregon Housing Repair and Deduction Notice Sample
• Oregon Residential Complaint Form: Submit this form if your landlord has not addressed a reported hazard. Contact your local code enforcement office or the Oregon Building Codes Division for complaint procedures and the relevant form.

These forms help create a documented record of your complaint, which may be necessary should you seek further legal help or wish to exercise rights like rent withholding under certain conditions.

The Oregon Tribunal for Tenant-Landlord Disputes

Disputes about repairs and unsafe conditions can be taken to Oregon Small Claims Court if other remedies have not worked. This tribunal handles landlord-tenant matters in Oregon. Legal action should be a last step after other avenues have been attempted.

State Legislation Protecting Tenants

Your rights relating to rental property conditions (including asbestos) are found in the Oregon Residential Landlord and Tenant Act (ORS Chapter 90)¹.

FAQ: Asbestos and Tenant Rights in Oregon

1. What should I do if I think there is asbestos in my apartment?
   Contact your landlord in writing right away. Describe your concern and ask them to have a qualified professional inspect and repair any damaged asbestos. Avoid disturbing the area.
2. Does my landlord have to remove asbestos from my rental?
   Your landlord must make your home safe. Asbestos that is stable and in good condition does not always need removal, but if it is damaged or exposed, they must repair or remediate it according to Oregon law.
3. Can I break my lease because of asbestos?
   If your landlord fails to address serious health or safety hazards after proper notice and a reasonable time, Oregon law may allow you to end your lease without penalty. Always document your communications and seek legal help before taking this step.
4. Where can I file a complaint if my landlord ignores asbestos problems?
   Contact your local building code enforcement office or the Oregon Building Codes Division. You may also pursue a case in small claims court.
5. Do I need to use any specific forms to report unsafe conditions?
   There is no single required form, but using a written notice and keeping a copy is highly recommended. The Sample Repair and Deduction Notice can be used as a template.

Conclusion & Key Takeaways

• Oregon landlords must keep rentals safe and deal with hazardous asbestos conditions promptly
• Renters should notify landlords in writing and document all repair requests
• If your landlord does not act, you can use official forms and contact state authorities for help

Knowing your rights helps ensure you have a healthy and safe rented home.

Need Help? Resources for Renters

• Oregon Building Codes Division: 503-378-4133 — For complaints about unsafe housing.
• Oregon Housing and Community Services Rental Housing: State resources and tenant assistance programs.
• Your local code enforcement office: Find city or county contacts for rental property complaints and inspections.
• Oregon Small Claims Court: Legal action if landlord fails to resolve hazardous conditions.

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90)

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