Does the landlord need to disclose the presence of asbestos to any prospective tenant?
I live in NY if which helps. My property owner left notices upon all of a doors observant which they will be stealing asbestos from a basements of a townhouses. If this complaint was well known before to my occupancy of a townhouse, was a property owner compulsory to divulge this information?
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I don’t live in NY – but I will tell you what applies to my State .. which might be similiar to NY. You will need to know the laws of NY … google NY Statutes for landlord/tenant.
Regardless of the terms of the lease, there is a law which requires the landlord to repair conditions which materially affect a tenant’s physical health or safety.
The law requires the landlord to make reasonable efforts to repair any condition which materially affects the health or safety of an ordinary tenant .
The landlord’s failure to comply with this law may entitle a tenant to perform the repair and deduct the costs from rent, a court order requiring the landlord to make the repairs, a court order reducing the rent, and a penalty of one month’s rent plus $500. Alternatively, the tenant may terminate the lease, move out, and obtain a penalty of one month’s rent plus $500.
As mentioned above a remaining tenant may have conditions repaired and deduct the cost from the rent. This may be done only if:
1) the landlord has failed to remedy the backup or overflow or raw sewage inside the tenant’s dwelling or the flooding from broken pipes or natural drainage inside the dwelling;
2) the landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant’s dwelling and the water service to the dwelling has totally ceased;
3) the landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction, that the lack of heat or cooling materially affects the health or safety of an ordinary tenant; or
4) the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant.
It is worth noting that under the law, even if you have a claim against your landlord for not maintaining your apartment, you are not excused from paying rent until you take the necessary steps. If you stop paying rent, your landlord could have you evicted.
Here is what you must do to exercise your rights:
1) You must give the landlord written notice. Explain the problem, and tell the landlord that it materially affects your health or safety. You cannot be delinquent in the payment of rent at the time notice is given. The notice should also state that unless the condition is repaired you may terminate the lease, have the condition repaired and deduct the costs of repair from your next rent payment, or bring a civil action for a court order and damages. You should send this notice via certified mail, return-receipt-requested.
2) The landlord has a reasonable time to repair the problem. What is reasonable depends on the facts of the situation. A leaking roof for example, is serious, and a few days may be a reasonable time to repair the leak.
3) If your apartment is not repaired within a reasonable time and you sent the repair notice by certified mail, your landlord is liable. If you gave the notice any other way, you must give the landlord a written second notice and wait another reasonable period of time before your landlord is liable.
If the landlord is liable for not making the repairs, you have the right to:
(1) have the condition repaired and deduct the costs from your next rent payment;
(2) sue and force a rent reduction;
(3) sue and get a court order requiring the landlord to make the repairs; and
(4) sue to recover damages of one month’s rent plus $500.
or
terminate the lease, move out; and
sue to recover damages of one month’s rent plus $500.
If you have to hire an attorney and you win the case, the landlord must pay your attorney’s fees.
It is my understanding that the apt would be uninhabitable and there they could not rent it until after the asbestos removal.
I would call the health department and find out what the law is on this subject.
He has to do more than notify you of its presence. He has to remove it.
Their obligation to disclose is probably only triggered by what they actually knew. A lot of NY real estate has probably changed hands since the last time friable asbestos was used, and the owners at the time probably had no idea what was in the materials.
They’re obligated to get rid of it once they know, and they’re apparently doing that.
No. They could be removing the asbestos if they are replacing the boiler or any piping that has the asbestos on it. The have to use a certified agency that is specially licensed for the removal, (asbestos removal can cost @ $6,000 depending on the amount.) The landlord cannot remove it himself or he could be fined over $10K. If there is not problems with the asbestos, there is no health hazard. If it is in brittle condition and there are particles all over, then it’s very serious. Chances are there is some work going on there.
Landlords, gotta love em!! :0(
He absolutely has to let you know this if it was known before you rented. This is a health issue and could definitely be a hazard to you and your family. I would be extremely upset if this were me. I would contact the health department and also get in touch with the tenants right group for the state of NY. I have no doubt you landlord would be all over you and taking legal action if you had not paid rent, so he owes you the same diligence in protecting you as a tenant.
If it were me, I may also seek damages against him in small claims court if you have any extra costs associated with moving. Also, DO NOT let him keep your security deposit if you break your lease over this. Make it clear to him, in writing, that you are leaving, the reason why and your address and specifically state you expect the return of your deposit to that address within 30 days to prevent any further action. ONLY correspond with him in writing and make sure he is aware that this is what you prefer for any further interactions! Stand up for yourself and your health. Good luck!
yes they do. You can also contact the health dept and get out of your lease if this is going to pose a hasard!
I don’ t know what the fine is in N.Y. but he cannot remove it himself. there are laws that prohibit this due to healh issues. There has to be the proper authorities present when it is removed by professionals that are qualified through training. for this process. no one should be allowed with in breathing distance at the time of removal. Sadly, your Landlord sounds very suspicious. He, should have known that the building contained asbestos by the age of the building. Asbestos was banned some time in the 80’s but was used exclusivly until then so any Home or structures that was were built before that time has Asbestos in them some where.
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