Asbestos is a highly toxic mineral fiber with no known safe exposure limit. If your building was constructed in the early 1980s or earlier, there’s a good chance it contains asbestos-containing products. Under certain circumstances, you’re required by state law to test for the presence of asbestos in your building. A Soledad landlord learned the hard way what happens when asbestos-related rules are ignored. It’s not a mistake you want to repeat.
Anthony Burton helps residential landlords across Orange County with a wide range of legal matters, including asbestos and other property hazards. Call us at (949) 244-4207 if you have questions about the law or need help with a legal matter.
Landlord Pays $30,000 in Fines
An apartment building owner, Mi Tierra Linda LLC, paid $30,000 in civil penalties after an agreement with the Monterey County District Attorney’s Office earlier this year. Prosecutors found it violated several tenant protection laws. One of the biggest problems was that the landlord did not test building materials for asbestos before workers disturbed them to complete a renovation project. The landlord also hired unlicensed contractors to do the job.
Mi Tierra Linda LLC paid the fine and is subject to a court order prohibiting further violations. This case is a warning for every residential landlord in California. Understanding and following asbestos rules can protect you, your tenants, your property, and your business.
What Is Asbestos?
Asbestos is a mineral fiber that was mined in several parts of the world. Over the centuries, it was incorporated into thousands of products because it’s extremely light, strong, and resistant to fire, heat, chemicals, and electricity.
Why Is Asbestos Hazardous?
Asbestos is dangerous when its tiny fibers are liberated from products and float through the air, where anyone in the area without proper protective gear may inhale or swallow them. This can happen during construction, repairs, or renovation work.
If you swallow or inhale asbestos fibers, they’ll probably remain in your body for the rest of your life. Your body’s immune system can’t destroy or remove them. This immune response, over years and decades, causes scarring, inflammation, and genetic mutations that may lead to different types of cancer.
Because there may be no immediate health impact, you may not realize asbestos entered your body and started changes that may ruin your health and shorten your life.
Asbestos was largely regulated off the market in the 1970s. Building products containing it were used until supplies ran out in the early 1980s.
What Asbestos Products Might Be in an Apartment Building?
Many building materials made before the early 1980s may contain asbestos. As a landlord, you may find it in:
- Floor and ceiling tiles, and the glue used to install them
- Roofing and siding shingles
- Insulation around pipes, boilers, and furnace ducts
- Textured paint and patching compound on walls and ceilings
- Popcorn ceilings
- Vermiculite insulation in attics and walls
If your building was built during the time frame in question, there is a real chance it contains some of these materials.
What are the California Asbestos Testing Rules for Landlords?
California law requires landlords to test suspect building materials for asbestos before disturbing them during some repairs or renovation work. Even if you’re not planning to make changes to a building and see a building material that may be asbestos that’s torn, falling apart, cracked, or clearly releasing fibers, get the material tested by a reputable, licensed contractor to determine if it contains asbestos.
Due to the passage of Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986), businesses must warn Californians about significant exposure to chemicals and other toxic substances that cause cancer, congenital disabilities, or other reproductive harm.
The law covers asbestos, but if your business has fewer than ten employees, you’re exempt from Proposition 65’s warning requirements.
There are no specific asbestos disclosure requirements for landlords, like lead paint or mold, in state law. But state law mandates that your unit be safe to live in. The presence of asbestos may make it unsafe. Asbestos exposure potentially could be grounds for a tenant’s claims that its presence violates their right to quiet enjoyment of their unit and is a basis for constructive eviction.
How Should Asbestos Be Handled Safely?
If you think a material in your building contains asbestos, do not sand, scrape, saw, or drill into it. These actions can release fibers into the air. Instead:
- Leave the material alone if it is in good shape and will not be disturbed
- Hire a trained, licensed professional to test the material
- Let a qualified, licensed contractor handle any repair, sealing, or removal
- Get written proof that the contractor followed all required rules
Unless the asbestos-containing material was disturbed by a covered event and must be removed or sealed, property insurance won’t pay for abatement.
What Happens If You Break These Rules?
As stated above, if asbestos fibers are in your units, you risk tenants leaving and claiming they’ve been constructively evicted. If you violate state law by not testing building materials for asbestos before renovations, you risk being charged under the state’s Business and Professions Code.
If you make violating the law part of your business practices, you’re opening yourself up to claims of unfairly competing against others. As in the Soledad case, this could lead to having to hire defense counsel and paying a fine (up to $2,500 per violation) as part of a plea bargain or after a conviction.
Frequently Asked Questions
Do I have to test every rental unit for asbestos?
No. But California law expects you to test suspect materials, like drywall or flooring, before you disturb them during a renovation.
Is it safe to leave asbestos alone?
Often, yes. Material in good condition that will not be disturbed is usually not a danger. The risk grows when the material is damaged or disturbed.
Can I remove asbestos myself?
No. Removal and major repairs should only be done by a trained, licensed professional. Doing it yourself can release fibers into the air, make the problem worse, and endanger your health and the health of others in the area.
What if my contractor is not licensed?
Hiring an unlicensed contractor to disturb asbestos materials is against the law, as the Soledad case shows. It can lead to large fines and legal trouble.
Could I be sued if a tenant is exposed to asbestos?
Yes. If asbestos is present, a tenant may have grounds to claim they’re being constructively discharged because the unit is uninhabitable due to the dangers asbestos poses.
We’re Here to Help
If you have questions about how to handle asbestos or other toxic materials in your building legally, and how their presence impacts your relationship with your tenants, call the AWB Law PC team at (949) 244-4207 or complete our online contact form today. We can discuss your situation, how California laws may apply, and how we can help.
