What should I do if I find suspected asbestos in my apartment?

Notify your landlord in writing, document the issue, and if needed, file a complaint with the local health department or West Virginia DHHR.

Is my landlord required to remove all asbestos?

No, but your landlord must address any damaged or exposed asbestos that poses a health hazard under West Virginia habitability law.

Can I withhold rent until my landlord fixes asbestos problems?

Not automatically. West Virginia law allows some remedies, but withholding rent without court approval could risk eviction.

Where can I get an official inspection?

You can request an inspection through the West Virginia DHHR or your local health department by submitting their Housing Complaint Form.

West Virginia Tenant Rights: Asbestos in Older Buildings

Health & Safety Standards West Virginia published June 21, 2025

Asbestos, once a common building material, can still be found in many older apartments and rental homes across West Virginia. If you're a renter concerned about potential asbestos exposure in your unit, it's important to know your legal rights and the remedies available under state and federal law. This article explains what West Virginia renters need to know about asbestos in rentals, including landlord obligations, tenant protections, and practical steps if you suspect a hazard.

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

Asbestos is a naturally occurring mineral that was widely used in building materials before the 1980s, particularly for insulation, ceiling tiles, and floor coverings. When materials containing asbestos are disturbed, tiny fibers can be released into the air and inhaled, leading to serious health risks such as lung disease and cancer. Asbestos exposure is regulated by federal agencies like the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA).

Landlord Responsibilities and Health & Safety Standards in West Virginia

In West Virginia, landlords must provide safe and habitable housing, which includes protecting tenants from known hazards like asbestos. This general obligation comes from the West Virginia Landlord and Tenant Act (West Virginia Code Chapter 37, Article 6)^[1]. If a rental property contains friable (crumbly) or exposed asbestos, landlords should take reasonable steps to address and remediate the hazard to comply with the law.

Property owners should disclose known asbestos hazards to tenants prior to move-in, especially if required by federal law.
Landlords may not disturb asbestos-containing materials during repairs or renovations without following safe protocols.
All repairs or remediation must comply with federal and state health standards, as set by the EPA asbestos regulations and the West Virginia DEP Division of Air Quality.

If you have reason to believe that your unit contains damaged or exposed asbestos, it is your landlord's responsibility to investigate and, if necessary, address the risk to maintain habitability.

What Should You Do If You Suspect Asbestos in Your Rental?

Immediate action can help protect your health and legal rights. Here's what to do:

Document any signs of asbestos-containing materials (frayed pipe insulation, old ceiling tiles, etc.) with photos and notes.
Contact your landlord in writing to request an inspection or remediation. Clearly state what you've observed and ask for a response within a reasonable time.
If the landlord does not act or you feel unsafe, file a complaint with the West Virginia Department of Health and Human Resources (DHHR) or your local county health department.

Relevant Official Forms for West Virginia Renters

West Virginia DHHR Housing Complaint Form
- Name/Number: Environmental Health/Complaint Form
- How to use: Submit this form to report unsafe housing conditions, such as asbestos exposure, if your landlord has not resolved the issue. Attach documentation like photographs, written requests, or medical concerns.
- Download the DHHR Complaint Form

After filing, an environmental official may inspect the property and direct the landlord to fix the problem if a violation is found.

What Is the Tribunal for Tenant-Landlord Issues?

Disputes between renters and landlords in West Virginia typically go to the local Magistrate Court, which handles residential tenancy matters including habitability, repairs, and code violations.

If needed, you can file a petition in Magistrate Court seeking enforcement of the landlord's health and safety obligations. It's helpful to bring all correspondence, complaint forms, and evidence of the issue.

Key State and Federal Legislation Protecting Renters

West Virginia Landlord and Tenant Act (WV Code §37-6): Outlines landlord and tenant rights and duties, including habitability and repair obligations.
EPA Asbestos Laws and Regulations: Federal rules that must be followed regarding asbestos management in residential properties.

For specific legal language, you can review the duties of landlords to maintain fit premises and the sections regarding remedies available to tenants.

If you feel your health is at risk and your landlord is unresponsive, seek help from local agencies or consider small claims action. You are protected under both state and federal law.

FAQ: Asbestos Concerns for West Virginia Renters

What should I do if I find suspected asbestos in my apartment?
Notify your landlord in writing, document the issue, and if needed, file a complaint with the local health department or West Virginia DHHR.
Is my landlord required to remove all asbestos?
No, but your landlord must address any damaged or exposed asbestos that poses a health hazard under West Virginia habitability law.
Can I withhold rent until my landlord fixes asbestos problems?
Not automatically. West Virginia law allows some remedies, but withholding rent without court approval could risk eviction. Seek legal advice or file a claim in Magistrate Court.
Where can I get an official inspection?
You can request an inspection through the West Virginia DHHR or your local health department by submitting their Housing Complaint Form.

Conclusion: What Renters Should Remember

Landlords must provide safe living conditions, including managing asbestos risks.
Document and formally report suspected asbestos promptly.
If your complaint is not addressed, state agencies and Magistrate Court offer options for enforcement.

Understanding your rights helps you protect your health and peace of mind in West Virginia rental housing.

Need Help? Resources for Renters

West Virginia DHHR Environmental Health - Housing: For complaint forms, procedures, and public health resources.
WV Department of Environmental Protection - Asbestos Program: Guidance for asbestos management and reporting.
West Virginia Magistrate Court Directory: To file a legal claim or seek mediation.
WV State Bar Legal Help: Find free or low-cost legal assistance if you need help navigating your rights.