Asbestos Addendum to Residential Lease

An implied warranty of habitability indicates that a dwelling meets basic living and safety standards. By definition, this warranty is implied and does not have to be stated. It applies to residential rental properties and not commercial. The factors of habitability include potable water, heating (as applicable), ventilation, a working bathroom, electricity, and more.

It is a violation of federal law and the landlord can become liable for civil and criminal charges.
Tenants who show signs of asbestos-related conditions could seek to find out if the landlord failed to disclose the presence of asbestos before bringing a personal injury lawsuit.

When undisturbed, asbestos is not known to be hazardous to the inhabitants, who should thus know best to leave the asbestos alone. If disclosed, tenants who choose to live in a building that contains asbestos would forfeit the right to sue for damages.

Known asbestos-related diseases include asbestosis, pleural plaques, mesothelioma, and lung cancer. It is important to note that most people who developed asbestos-related health problems were construction workers in charge of building or demolishing asbestos-tainted buildings. These buildings are deemed safe to live in with precautions, though it would not hurt for a landlord to arrange for asbestos abatement measures.

According to the US Census Bureau, almost 12% of all US homes were built before 1940 and close to 50% before 1980. This data implies that many homes may contain asbestos, more so in certain areas and cities than others. For example, nearly 52% of homes in Cleveland, OH, may contain asbestos and the number in Boston, MA, stands at over 41%.