Texas Tenant Rights for Asbestos in Older Rentals

If you’re renting an apartment or house in Texas, you might be concerned about health hazards like asbestos, especially in older buildings. Understanding your rights is the first step to keeping your home safe and ensuring your landlord meets their legal responsibilities.

What Is Asbestos and Why Does It Matter?

Asbestos is a naturally occurring mineral once used in building materials for fire resistance and insulation. Many buildings built before the 1980s contain asbestos in flooring, ceiling tiles, insulation, or pipe wraps. When disturbed or damaged, asbestos can release fibers into the air, which may cause serious health risks, including lung disease and certain cancers.

Landlord Responsibilities for Asbestos in Texas

Texas law does not require landlords to remove all asbestos from older buildings. However, they are required under both federal and state law to maintain rental units in a manner that does not endanger tenants’ health or safety. Landlords must take action if asbestos-containing materials are damaged or deteriorating and pose a health risk.

• According to the Texas Property Code Chapter 92 - Residential Tenancies, landlords must generally repair or remedy conditions that materially affect a tenant’s health or safety.
• Landlords should follow the Texas Department of State Health Services regulations on asbestos management.
• If asbestos is disturbed or becomes friable (easily crumbled), qualified professionals must assess and abate it according to law.

When Must Your Landlord Act?

• If you report possible asbestos or damaged material, your landlord should investigate the complaint promptly.
• Texas law requires repairs of health-threatening conditions within 7 days of a written request, if the condition materially affects health and safety (TDHCA Landlord-Tenant Guide).
• Some repairs or abatement may require moving tenants temporarily if the hazard is severe.

Your Rights and Practical Steps

As a renter, you have the right to a safe living environment. If you suspect asbestos, you should:

• Submit a detailed repair request to your landlord in writing (email or certified mail is best).
• Request an inspection by a licensed asbestos consultant if there's visible damage or dust (visit the Texas Department of State Health Services Asbestos Program).
• Keep copies of all communications and responses.

If the landlord fails to respond or repair, you may have the option to:

• File a complaint with the Texas Department of Housing and Community Affairs (TDHCA).
• File a lawsuit to enforce your rights under the Texas Property Code.

Relevant Forms for Texas Renters

• Repair Request Letter (no official number): While there is no state-mandated form, renters can use the Texas TDHCA Repair Request Letter template to formally request repairs or remediation for safety hazards such as asbestos.
  Example: If you see crumbling insulation and suspect asbestos, complete the letter, describe the problem, and send it by certified mail to your landlord.
• Complaint Form (Online): To report unresolved health hazards, you may file a Tenant Complaint with TDHCA. Include details about suspected asbestos and attach your written repair request as proof of prior notice.

What Agency Handles Tenant Disputes?

In Texas, disputes over rental issues (including health hazards) are generally managed through the local Justice of the Peace Courts (JP Courts). For formal complaints about landlord obligations and tenant safety, the Texas Department of Housing and Community Affairs (TDHCA) is the primary state resource.

Texas Laws and Regulations for Tenant Health & Safety

• Texas Property Code Chapter 92 – Residential Tenancies: Main law outlining landlord and tenant duties, including requirements for health and safety.
• Texas Landlord-Tenant Rights Guide: Official state guide for both parties.
• Texas DSHS Asbestos Information: Rules, abatement licensing, and complaint instructions.

1. What should I do if I think there’s damaged asbestos in my rental?
   Ask your landlord in writing to inspect and repair the damage right away. If they don’t, submit a formal complaint to the TDHCA or contact a code enforcement officer for guidance.
2. Can my landlord evict me for requesting asbestos repairs?
   No. Texas law prohibits landlords from retaliating against tenants for asserting health and safety rights. If you believe you are facing retaliation, contact the Justice of the Peace Court or TDHCA for help.
3. Is my landlord required to disclose the presence of asbestos?
   Texas law does not require specific disclosure of asbestos, but landlords must address any hazardous conditions that threaten tenant health.
4. Who pays for asbestos testing or abatement?
   If the problem affects health and safety, landlords are generally responsible for remediation and safe work by licensed professionals.
5. Can I withhold rent if repairs are not made?
   You can pursue remedies provided by Texas law, including repair and deduct rights, but withholding rent may put you at risk of eviction. Always follow formal procedures in the Texas Property Code and seek legal advice before acting.

Key Takeaways for Texas Renters

• Asbestos in older buildings is a serious risk if damaged or disturbed.
• Landlords must maintain the property so it does not pose health hazards.
• If you suspect or see asbestos, make a written request for inspection and repair and keep all records.
• State agencies like TDHCA can assist if your landlord doesn’t address health and safety concerns.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs (TDHCA) – Tenant complaints, repair forms, state program info.
• Texas Department of State Health Services Asbestos Program – Health standards, licensing, and guidance for asbestos issues.
• Justice of the Peace Courts (Find Your Local Court) – File housing disputes or retaliation cases.
• Texas Property Code Chapter 92 – Review your rights in official state legislation.

---

1. See: Texas Property Code Chapter 92 – Residential Tenancies
2. Texas Department of Housing and Community Affairs: Landlord-Tenant Rights and Responsibilities Guide
3. Texas Department of State Health Services: Asbestos Program Overview
4. TDHCA: Tenant Complaint Form

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations