Can I Sue My Landlord for Asbestos Exposure?

The short answer to the question, “Can I sue my landlord for asbestos exposure?” is: “Yes.” The long answer is a little more complex. Things like the details of a case determine the type of lawsuit and the outcome.

Continue reading to learn if you may have an asbestos exposure case against your landlord.

Why Sue Your Landlord for Asbestos Exposure?

The type of lawsuit you bring against a landlord depends on your goal in suing them. Two possible reasons for suing a landlord for asbestos exposure are:

1. Forcing the landlord to make necessary repairs to improve the safety of your rental unit or to pay for repairs you had to make
2. Getting compensation for a disease that developed because of asbestos exposure

Each reason for legal action requires a different area of expertise. Tenants who want to make their landlord address asbestos in a building can contact a housing rights lawyer. Tenants who develop an asbestos disease can contact a mesothelioma lawyer.

The laws around housing (tenants’ rights) and personal injury (patients’ rights) are complex. It helps to have an experienced legal expert working on your behalf.

What Laws Does a Landlord Potentially Break When Asbestos Exposure Occurs?

A number of laws exist to help tenants when they know or suspect their apartment has asbestos. Asbestos in residential buildings can be very dangerous and should be addressed as soon as possible. Exposure to this mineral can lead to cancers like lung cancer and mesothelioma.

Landlords have certain responsibilities outlined in federal, local and state laws. When a landlord violates tenants’ rights or fails to act responsibly, a tenant may sue.

The 3 most common laws related to a tenant’s exposure to asbestos are:

• Contract law
• Warranty law
• Negligence law

A tenant may sue a landlord for one or more legal violations, depending on their specific case. An experienced lawyer can determine the best path forward to compel a landlord to act or to get compensation.

Breach of Rental Agreement

A rental agreement is a type of contract. A breach of contract occurs when a landlord fails to perform certain obligations outlined in a lease. A landlord is responsible for giving the tenant a unit in good condition. In most states, this is true even if the lease says otherwise.

A breach of contract can occur when a landlord leases an apartment with asbestos products in it. A landlord may be held legally responsible for handing over an apartment with a dangerous substance in it.

Successful breach of contract actions against a landlord may result in the landlord paying for emergency repairs or an order compelling them to handle the asbestos problem.

Talk to a Knowledgeable Person Before Stopping Rent Payments

Usually, tenants do not have the right to stop paying rent. Not paying rent can make a battle against a landlord much harder. You may want to reach out to a housing lawyer or member of a housing authority body before stopping rent payments. This may help avoid legal troubles down the line.

Breach of Implied Warranty of Habitability

All 50 states recognize something called an implied warranty of habitability. This is a legal requirement that landlords provide housing units suitable for living. State laws vary as to the specifics of a legal action claiming breach of this warranty, but usually require:

1. A condition that makes an apartment uninhabitable
2. The landlord’s knowledge of the dangerous condition
3. An injury caused by the dangerous conditions

An example of this 3-part test as applied to a successful asbestos lawsuit might be:

1. The presence of airborne asbestos in an apartment makes it uninhabitable
2. A landlord knows about this condition
3. A person develops an asbestos disease as a result of airborne asbestos exposure\

A successful warranty of habitability case may result in a landlord being forced to make repairs, reimburse a tenant for repairs or pay for medical bills.

Negligence

All 50 states also have negligence laws. In some ways, a negligence case can sound like a warranty of habitability case. One of the main differences is that negligence applies to a broad range of cases where a person did not act responsibly and caused injury. Warranty of habitability cases only apply to landlord-tenant disputes.

Negligence law applies a 4-part test to landlord-tenant cases:

1. The landlord has a duty to the tenant
2. The landlord breaches that duty
3. The tenant gets injured from the breach of duty
4. The injury causes expenses that courts believe are worthy of compensation

A court may find a landlord breached a duty to a tenant by failing to warn tenants about asbestos or to abate asbestos. Tenants injured by developing asbestos diseases may be awarded compensation for medical bills and other expenses.

Hiring a Lawyer

If you suspect your current apartment has asbestos, your first step should be to contact your landlord. If they are not willing to address the issue in a timely manner, you may want to reach out to a housing lawyer or city agency dealing with housing matters.

For patients with asbestos diseases, you can reach out to dedicated asbestos attorneys. These personal injury attorneys have experience getting compensation for people with mesothelioma.