What should I do if I think there is asbestos in my apartment?

Take photos or notes, notify your landlord in writing, and ask for an inspection by a certified professional. Avoid disturbing any suspect material.

Can my landlord evict me for complaining about asbestos?

No. South Dakota law protects tenants from retaliation for raising health and safety concerns, including suspected asbestos exposure.

Does my landlord have to tell me if there is asbestos in my apartment?

Landlords are not required by law to disclose asbestos, but if they plan repairs or renovations, and know about asbestos, they should take precautions and notify tenants before starting work.

Who can I contact if my landlord ignores my asbestos complaint?

Contact your local housing or building code enforcement office, or file a complaint with the South Dakota Department of Health.

Is there a specific form to use for reporting unsafe conditions in South Dakota rentals?

There is no statewide form, but a detailed letter to your landlord or a local housing complaint form is recommended. Always keep a copy for your records.

South Dakota Renters’ Rights: Asbestos in Older Buildings

Health & Safety Standards South Dakota published: June 21, 2025

As a renter in South Dakota, the health and safety of your home are a top priority. Many older buildings may contain asbestos, a hazardous material once commonly used in construction. Knowing your rights can help you stay safe and ensure your landlord takes necessary action if asbestos is present in your rental unit.

Understanding Asbestos Risks in Older South Dakota Buildings

Asbestos is a mineral fiber historically used for insulation, flooring, and fireproofing. When materials containing asbestos are disturbed, tiny fibers can be released into the air. Inhaling these fibers can cause serious health problems, such as lung cancer and mesothelioma. South Dakota homes built before 1980 are more likely to have asbestos-based materials.

Landlord Obligations: What Does South Dakota Law Require?

Under South Dakota law, landlords must provide rental housing that is safe and habitable. This is known as the implied warranty of habitability. While there is no state law requiring routine asbestos testing, landlords must address hazardous conditions when they know about them. If asbestos is friable (easily crumbled by hand) or disturbed, it poses a health risk and the landlord must respond to ensure your safety.^[1]

Landlords should not perform their own asbestos removal; removal must be done by a certified professional.
Landlords must not retaliate against tenants who report health and safety concerns.
Tenants have a right to report unsafe conditions to local agencies.

Disclosure and Notification Requirements

Federal law requires landlords to disclose the presence of lead-based paint, but not asbestos. However, if landlords are aware of asbestos hazards, best practice is to inform tenants, especially if renovation or repair work is planned that could disturb asbestos-containing materials.

What to Do If You Suspect Asbestos in Your Rental

If you notice damage to walls, ceilings, or flooring in an older building, or if work is being done that could disturb these materials, here are steps you can take:

Document what you see (take photos and notes).
Notify your landlord in writing as soon as possible, clearly describing your concerns.
Request that any work involving possible asbestos be halted until proper assessment by a certified professional is made.
Contact your local code enforcement office if you feel your concerns are not being addressed.

Relevant Forms for South Dakota Renters

Repair Request or Notice to Landlord (No official form number): Use a written letter or notice to notify your landlord of suspected asbestos or hazardous conditions. For practical guidance, see the South Dakota Department of Health's housing guide.
Complaint Form to Local Housing or Building Code Office: If the landlord does not act, you can file a health or housing complaint with your city or county. Each locality may have its own form. For example, find more at the South Dakota Department of Health Programs page.

In most situations, you will start by providing written notice to your landlord. Keep copies of all communication for your records.

Where to Go for Help: Official Agencies and Legislation

South Dakota's Department of Social Services can provide resources for renters facing hazardous living conditions. Disputes regarding landlord obligations are typically handled by South Dakota's Small Claims Court, which acts as the main tribunal for renter-landlord issues. The key law for renter rights is the South Dakota Codified Laws Chapter 43-32: Landlord and Tenant.^[2]

Key Takeaways for Renters

Landlords are responsible for maintaining a safe, habitable rental home.
If you suspect asbestos, document your concerns and notify your landlord in writing promptly.
If the landlord does not act, you have the right to contact local authorities or file a complaint.

If you ever feel your health is at risk from asbestos, do not try to remove or disturb the material yourself. Always reach out to a certified professional or local code office for help.

Frequently Asked Questions (FAQ)

What should I do if I think there is asbestos in my apartment?
Take photos or notes, notify your landlord in writing, and ask for an inspection by a certified professional. Avoid disturbing any suspect material.
Can my landlord evict me for complaining about asbestos?
No. South Dakota law protects tenants from retaliation for raising health and safety concerns, including suspected asbestos exposure.
Does my landlord have to tell me if there is asbestos in my apartment?
Landlords are not required by law to disclose asbestos, but if they plan repairs or renovations, and know about asbestos, they should take precautions and notify tenants before starting work.
Who can I contact if my landlord ignores my asbestos complaint?
Contact your local housing or building code enforcement office, or file a complaint with the South Dakota Department of Health.
Is there a specific form to use for reporting unsafe conditions in South Dakota rentals?
There is no statewide form, but a detailed letter to your landlord or a local housing complaint form is recommended. Always keep a copy for your records.

Conclusion: Staying Safe in Older Rentals

Be aware of the risks of asbestos and take prompt action if you suspect it in your home.
Landlords must address serious health hazards to keep your apartment safe and habitable.
Your written records and knowledge of the law empower you to protect your health and your rights.

Addressing environmental safety in older buildings protects you and your community. Know your options and don't hesitate to seek support if needed.

Need Help? Resources for Renters

South Dakota Department of Social Services – Renter support and complaint information
South Dakota Small Claims Court – Tribunal for landlord-tenant disputes
South Dakota Department of Health – Housing and environmental health info
South Dakota Codified Laws Chapter 43-32: Landlord and Tenant – State landlord-tenant law