Asbestos in Your Rental?
Know Your Tenant Rights in California
Why Asbestos Poses a Risk
Asbestos exposure in rental housing is a serious health risk—and California law protects tenants from living in unsafe conditions. If you believe there’s asbestos in your home, you have the right to demand safe and habitable housing. Tenant Law Group is here to help renters across California assert those rights.
What Is Asbestos and Why Is It Dangerous?
What is it?
Asbestos is a naturally occurring mineral once commonly used in insulation, flooring, and building materials. When asbestos-containing materials are disturbed—during repairs, remodeling, or wear and tear—microscopic fibers can become airborne and inhaled.
Health Risks
Health risks of asbestos exposure include: Mesothelioma, lung cancer, asbestosis, and other chronic respiratory illnesses.
Exposure
Asbestos exposure is especially dangerous when it occurs in the home, where prolonged contact is more likely.
California Tenant Rights: Asbestos and Habitability
Under California Civil Code § 1941.1, landlords are legally required to provide and maintain housing that is “fit for human occupation.” This includes ensuring the property is free from hazardous substances like asbestos.
Common Signs of Asbestos in Rental Units
Asbestos is often found in older buildings, especially those built before 1980. You might find it in:
● Popcorn ceilings.
● Floor tiles.
● Pipe insulation.
● Wall or ceiling insulation.
● Siding and roofing shingles.
Warning signs of risk include:
● Crumbling ceiling textures.
● Flaking insulation.
● Unannounced or unsafe renovations.
If you suspect asbestos, do not attempt to inspect or remove it yourself. Instead, report the issue to your landlord and contact a tenant rights attorney.
Landlords Must Take Action—Not Ignore It
Landlords in California are required to:
● Disclose known asbestos hazards to tenants (California Health & Safety Code § 25915).
● Hire certified asbestos abatement professionals for removal or repairs.
● Avoid exposing tenants to unsafe conditions during renovations.
Failure to do so can amount to negligence, breach of the warranty of habitability, and even constructive eviction—all grounds for legal action.
FAQs: Tenant Rights & Asbestos
By following these steps and understanding your rights as a tenant, you can address the issues and ensure your living space is safe and comfortable.
● Notify your landlord in writing immediately. Take photos but do not disturb the material. Then, consult a tenant rights attorney or consider reporting the issue to the appropriate Air Quality Board. California Air Resources Board
● In many cases, yes—especially if the landlord refuses to remediate the hazard or violates disclosure laws.
● You may be entitled to financial compensation for health issues, relocation costs, or emotional distress. Contact us for a free case evaluation.
Facing Asbestos Exposure? Get Legal Support Today
If you’re dealing with asbestos in your rental home, you don’t have to face it alone. At Tenant Law Group, we help renters across California fight for justice and safe housing.
Call us or fill out our online intake form today for a free case evaluation.
Resources For Tenants
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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