Pennsylvania Renters’ Rights: Dealing with Asbestos in Older Buildings

As a renter in Pennsylvania, you deserve a safe and healthy living space. If you’re living in an older building, you might be concerned about asbestos—an outdated building material linked to serious health issues. Understanding your rights, your landlord’s responsibilities, and what to do if asbestos is discovered can help keep you and your family safe. This guide covers the essential tenant protections and steps for renters in Pennsylvania dealing with asbestos concerns.

What Is Asbestos and Why Is It a Concern for Renters?

Asbestos is a naturally occurring mineral once widely used for insulation and fireproofing in buildings constructed before the 1980s. If asbestos-containing materials are disturbed and fibers become airborne, they can cause health risks such as lung cancer and mesothelioma. That’s why Pennsylvania law requires landlords to maintain safe rental units, especially in older buildings.

Pennsylvania Landlord Responsibilities for Asbestos

Landlords in Pennsylvania have a legal duty to provide habitable rental units. This includes addressing known health and safety hazards under state and federal laws. Key responsibilities related to asbestos include:

• Disclosing hazards: If a landlord knows about asbestos in a rental property, they may be required to disclose this to tenants under federal law for multi-family dwellings¹.
• Safe maintenance: Landlords must take reasonable steps to maintain the property and promptly address any condition that could compromise safety, such as damaged asbestos-containing materials.
• Professional removal: Only licensed professionals should handle asbestos abatement under the Pennsylvania Department of Environmental Protection (DEP) regulations. Tenants should never attempt asbestos removal themselves.

Your health and safety come first. If you have concerns, you can request an inspection or repairs from your landlord using official channels.

How Renters Can Report or Resolve Asbestos Problems

If you suspect or learn there is asbestos in your rental unit, follow these steps to protect yourself and assert your rights:

• Email or write to your landlord, clearly describing the issue and requesting prompt repairs or an inspection.
• If your landlord does not respond, contact your local code enforcement office or housing authority. They can inspect and order necessary repairs.
• If conditions remain unsafe and repairs are not made, you may file a complaint under Pennsylvania’s landlord-tenant law.

Relevant Official Forms in Pennsylvania

• Rental Housing Complaint Form (Philadelphia):
  • Form Name: Rental License Violation Complaint Form
  • When to Use: Use this form if you live in Philadelphia and your landlord is not addressing asbestos hazards after proper notice.
  • How to Use: Fill out and submit the Rental Complaint Form online or by mail. Provide details of the hazard, communications, and any health risks.
• Pennsylvania DEP Asbestos Notification:
  • Form Name: Asbestos Abatement and Demolition/Renovation Notification Form (Form 2700-FM-AQ0021)
  • When to Use: This form must be filed by a licensed contractor or property owner before any asbestos removal or disturbance in buildings.
  • How to Use: Contractors submit the form to the PA DEP Asbestos Program. Tenants may reference it when discussing remediation with landlords.

Pennsylvania does not have a statewide tenant complaint form, but local municipalities, such as Pittsburgh’s Department of Permits, Licenses, and Inspections, also accept health and safety complaints. Call or visit your city’s housing department for help.

Relevant Housing Tribunal or Board

In Pennsylvania, rental disputes or actions involving landlord obligations (including habitability and health concerns) are generally handled in the Magisterial District Courts. This is where tenants can file claims if health or safety hazards are not addressed after notice.

Citing Pennsylvania Tenancy Law

The tenant protections referenced here are found in the Pennsylvania Landlord and Tenant Act of 1951² and federal health and safety regulations under the EPA Asbestos Program.

FAQ: Asbestos Concerns in Pennsylvania Rentals

1. What should I do if I suspect asbestos in my apartment?
   Notify your landlord in writing and request an inspection. Do not disturb the material. If your landlord does not respond, contact your local housing or code enforcement office.
2. Is my landlord required to remove asbestos?
   Landlords must repair or safely manage asbestos that could endanger tenant health. Removal or remediation must be performed by licensed professionals as required by law.
3. Can I break my lease if there’s dangerous asbestos?
   If the presence of asbestos creates an unsafe or uninhabitable environment and the landlord fails to act after notice, you may have grounds to terminate your lease under Pennsylvania law. Seek legal advice or help from a local tribunal before moving out.
4. Which court handles disputes about asbestos hazards in rentals?
   Tenant-landlord disputes, including those involving habitability and asbestos, are heard by Pennsylvania’s Magisterial District Courts.
5. Where can I find official guidance about asbestos in Pennsylvania?
   For statewide information and notification requirements, visit the PA DEP Asbestos Program and EPA Asbestos Resources.

Summary: Key Takeaways for Renters

• Landlords must keep rentals safe from asbestos hazards and respond to tenant reports.
• Report concerns in writing; keep records; contact code enforcement if needed.
• Tenant protections and dispute resolution are provided under state tenancy law and the Magisterial District Courts.

Taking action promptly and using official channels helps protect your health and your rights as a tenant.

Need Help? Resources for Renters

• PA Department of Environmental Protection – Asbestos Program: (717) 787-9702
• Philadelphia Rental Complaint Submission
• Find Your Pennsylvania Magisterial District Court
• Call your local code enforcement or housing authority for urgent complaints

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1. See EPA, federal hazard disclosure regulations for housing
2. See Pennsylvania Landlord and Tenant Act of 1951

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