If we have 2 children and don’t want to have them in a house with asbestos, what are our options?

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If we have 2 children and don’t want to have them in a house with asbestos, what are our options?

We are renting a house and the property manager had a handyman come to install a bathroom exhaust fan. When he was done he informed us that there was asbestos in the house. We informed the property manager right away and have gotten no resolve except the owners are saving to have it removed.

Asked on August 14, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is my understanding that landlords in California are indeed responsible for the abatement of the asbestos.  But I think that you wish to cancel the lease, correct?  I would first report the condition to OSHA (the US Occupational Safety and Heath Administration) and then bring a proceeding in court against the landlord for a breach of the warranty of habitability.  Advise the court of the issue and ask to pay your rent until the problem is taken care of, for a reduction in the rent and for relocation while the work is going on.  In the alternative ask for them to void your lease.  Good luck. 


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