Vermont Renters: Asbestos Safety and Your Tenant Rights

Asbestos, a mineral fiber once commonly used in building materials, poses health risks when disturbed. Vermont renters in older homes and apartments may worry about exposure, especially if ceilings, tile, or insulation appear aged or damaged. Knowing your rights and the obligations of your landlord is essential for safe, healthy living in Vermont.

What Is Asbestos and Why Should Renters Be Concerned?

Asbestos can be found in insulation, floor and ceiling tiles, pipe wrap, and other building products—mainly in buildings built before the 1980s. While asbestos is generally harmless if undisturbed, fibers released into the air due to renovation, water damage, or crumbling material can cause serious respiratory diseases, including cancer.

Landlord Responsibilities for Asbestos in Vermont Rentals

Vermont law requires rental properties to be safe and habitable. This includes ensuring buildings are free from hazards that can affect renters’ health.^[1]

• Landlords must maintain all premises in a safe and sanitary condition, in line with the Vermont Residential Rental Agreements Act and local health ordinances.
• If asbestos is known or suspected and presents a health risk (such as ongoing damage or exposure), landlords are responsible for assessing and safely addressing it.
• Landlords cannot retaliate if you raise health or safety concerns in good faith.

What Should Renters Do If They Suspect Asbestos?

Step 1: Identify and Document Your Concerns

• Look for visible signs of cracked, crumbling, or water-damaged materials typical of asbestos products.
• Take clear photos and make notes on location and extent of damage.

Step 2: Notify Your Landlord in Writing

• Provide written notice (email or letter) to your landlord describing your concerns.
• Include any photos and request a professional asbestos assessment.

Use Vermont’s official Notice of Rental Housing Code Violation form if your landlord does not respond to your concerns:

• Form Name: Notice of Rental Housing Code Violation
• How to Use: File this form with your local town health officer if your landlord does not address asbestos or other code issues. For example, you notice broken ceiling tiles in your 1975 building, notify your landlord, but nothing changes. Submit this form to start a health inspection.
• Official Violation Form (Vermont Department of Health)

Step 3: Contact the Local Health Officer

• If your landlord fails to act, Vermont’s local town or city health officer investigates rental safety complaints. Find contact details via the Vermont Department of Health Rental Housing page.

Your Right to a Safe Home: Vermont Laws and Protections

Under Vermont’s Residential Rental Agreements Act, all rentals must meet standards of habitability, including being free from structural, electrical, or environmental hazards (such as asbestos exposure).^[1]

• Landlords must comply with building, health, and housing codes that impact your health or safety.
• You cannot be discriminated against or evicted for making a genuine safety complaint.
• For unresolved disputes, you may apply to the local court system handling landlord-tenant cases in Vermont: Vermont Superior Court - Civil Division.

What Happens During an Inspection or Investigation?

• The health officer investigates and documents the reported problem (including possible asbestos issues).
• The officer issues orders to your landlord if repairs or remediation are required for your safety.
• If the landlord fails to comply, you may have further remedies through local housing courts.

Always keep written records and copies of all communication during this process. This documentation helps protect your rights and may be needed if legal action is required.

1. Can my landlord evict me for reporting suspected asbestos?
   No. Vermont law protects tenants from retaliatory eviction for reporting health and safety concerns.
2. How can I get official help with an asbestos problem in my building?
   Start by submitting concerns to your landlord in writing. If unresolved, file a Notice of Rental Housing Code Violation with your local health officer.
3. What forms should I use if my landlord ignores asbestos hazards?
   Use the Notice of Rental Housing Code Violation to request a local inspection and enforcement.
4. Are there any official Vermont government resources for renters facing asbestos issues?
   Yes. The Vermont Department of Health and the Vermont Superior Court – Civil Division handle rental safety enforcement and disputes.
5. Does my landlord have to remove all asbestos from old buildings in Vermont?
   Not always. Asbestos that is intact and undisturbed may not require removal. However, landlords must address damaged, exposed, or unsafe materials to ensure habitability.

Need Help? Resources for Renters

• Vermont Department of Health – Rental Housing: Information, complaint forms, and health officer contacts.
• Vermont Superior Court - Civil Division: Handles landlord/tenant disputes and legal applications.
• Find your local Health Officer’s Office to report urgent safety issues.
• Vermont Residential Rental Agreements Act: Full tenant and landlord legal obligations.

---

1. Vermont Residential Rental Agreements Act: https://legislature.vermont.gov/statutes/fullchapter/09/137
2. Vermont Department of Health: https://www.healthvermont.gov/environment/rental-housing/tenants-landlords

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