The damaging effects of asbestos are well-known, and any materials containing asbestos is no longer used in the construction of residential and commercial properties.
Asbestos was widely used up until 1981 and present in many older residential properties across the US. When a tenant is renting a residential unit in a building dating from this period, the landlord is required by law to disclose the presence of asbestos, and the proper way to do this is with an Asbestos Addendum to Lease (Residential).
An Asbestos Addendum to Lease is only required for residential rental properties. You can incorporate it into the existing lease agreement between the landlord and the tenant.
The landlord is required by law to disclose any knowledge about the presence of asbestos in the building. According to federal law, landlords are required to have any rental property constructed before 1981 inspected for asbestos. In California, this moved back two years before 1979.
Depending on your state, and Asbestos Addendum to Lease may also be known as:
Landlords of asbestos-contaminated residential properties must add Asbestos Addendum to Lease to the lease agreement.
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The Asbestos Addendum to Lease is not a complicated document, so long as it contains all the necessary details. Landlords who have more than one tenant at a time can benefit from having a ready-to-use template.
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To make it legally binding, the Asbestos Addendum to Lease must be signed (separately from the lease agreement) by both the landlord and the tenant. However, it's not required by law to notarize the document.
After creating your Asbestos Addendum to Lease on 360 Legal Forms, print out a copy and get both parties to sign the Asbestos Addendum to Lease, which will become part of the lease agreement.
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%.
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