Asbestos Addendum to Residential Lease

An Asbestos Addendum to Lease is added to a lease agreement to represent the landlord's acknowledgment of the presence of asbestos in the building.

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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).

What Is an Asbestos Addendum to Lease?

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.

Other Names for Asbestos Addendum to Lease

Depending on your state, and Asbestos Addendum to Lease may also be known as:

  • Asbestos Disclosure Addendum
  • Asbestos Addendum
  • Addendum Pertaining to Asbestos
  • Asbestos Hazard Disclosure

Who Needs an Asbestos Addendum to Lease?

Landlords of asbestos-contaminated residential properties must add Asbestos Addendum to Lease to the lease agreement.

Why Use 360 Legal Forms for Your Asbestos Addendum to Lease?

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How to Create an Asbestos Addendum to Lease With 360 Legal Forms

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.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Asbestos Addendum to Lease?

To create your document, please provide:

  • Date: The date when the addendum is made.
  • Landlord Details: The legal name and contact information of the landlord.
  • Tenant Details: The legal name and contact information of the tenant.
  • Asbestos Information: A clause with general information about the dangers of asbestos.
  • Disclosure: The landlord's statement that the building contains or may contain asbestos.
  • Inspection: Reference any asbestos inspection conducted.
  • Incorporation: After the addendum is executed, it becomes part of the lease agreement.
  • Tenant's Responsibilities: Guidelines for minimizing asbestos exposure.
  • Signatures: Both the landlord and tenant have to sign the addendum.

Asbestos Addendum to Lease Terms

  • Addendum: A formal addition to an existing agreement or contract.
  • Landlord: A person rending residential or commercial property to the tenant.
  • Tenant: A person or entity rending residential or commercial property from the landlord.
  • Liability: The state of being legally responsible.
  • Disclosure: In the context of an Asbestos Addendum to Lease, this is voluntary dissemination of information.
  • Abatement: In the context of an Asbestos Addendum to Lease, this is the suppression or removal of asbestos.
  • Incorporation: The process of adding an addendum to an existing contract.
  • OSHA: The United States Occupational Safety and Health Administration.

Asbestos Addendum to Lease Signing Requirements

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.

What to Do With Your Asbestos Addendum to Lease

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.

Frequently Asked Questions

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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