A landlord may be held liable for asbestos exposure when they knew or should have known about the presence of asbestos-containing materials and failed to take reasonable steps to protect their tenants. According to KCIC data from 2025, 46 percent of all asbestos lawsuits filed that year involved nonoccupational exposure, including residential settings where tenants were harmed by materials in their own homes. A study published in The Lancet Public Health found that men who lived in properties insulated with asbestos had 2.5 times the incidence of mesothelioma compared with those who had not been exposed in a residential setting. For renters in older apartments and homes, the risk is not always obvious, and many tenants have no idea they are being exposed until symptoms appear decades later.
At The Williams Law Firm, P.C., we have spent more than 30 years fighting for families who have been diagnosed with mesothelioma and other asbestos-related diseases after preventable exposure. If you believe your landlord’s negligence contributed to your mesothelioma diagnosis, our founding attorney, Joseph P. Williams, has recovered hundreds of millions of dollars on behalf of asbestos victims, and we have never lost a mesothelioma case. We are here to fight for you.
Landlord liability for asbestos exposure typically falls under one or more legal theories, with negligence being the most common. A landlord who is aware of asbestos-containing materials in a rental property and fails to disclose that information, fails to have the material professionally assessed, or allows it to deteriorate without taking action may be held responsible for any resulting health consequences. Courts have also held landlords liable when they ordered or oversaw renovations that disturbed asbestos without following proper safety protocols, exposing tenants to airborne fibers.
All 50 states recognize the implied warranty of habitability, which requires landlords to provide rental units that are safe and fit for occupancy. If asbestos in a rental property has become friable, meaning it can crumble and release fibers into the air, a tenant may argue that the landlord has breached this warranty. According to KCIC, 2,035 mesothelioma lawsuits were filed in 2025, and 91 percent of all asbestos-related lawsuits that year involved a cancer diagnosis. Tenants who develop mesothelioma, asbestosis, or asbestos-related lung cancer after exposure in a rental property may have strong grounds for legal action.
Under OSHA’s asbestos regulations, owners of buildings constructed before 1981 are presumed to have asbestos-containing materials in the structure unless a licensed inspector has confirmed otherwise. When landlords hire even one outside contractor for repairs or maintenance, they must comply with OSHA’s asbestos rules, which may include testing, worker training, and mitigation depending on the scope of the work. These regulations are designed to protect workers, but they also benefit tenants, as compliance requires landlords to identify and manage asbestos hazards on the property.
Most states do not have laws that specifically require landlords to disclose the presence of asbestos to tenants, as lead-based paint must be disclosed in pre-1978 housing. However, a landlord who knows about asbestos in their building and conceals that information from tenants may face additional liability in court. In November 2024, the EPA completed Part 2 of its asbestos risk evaluation, which specifically addresses legacy uses of asbestos in older structures. This evaluation found that legacy asbestos, including insulation in residential buildings, still presents an unreasonable risk to human health, reinforcing the legal argument that landlords have a duty to manage these materials responsibly.
If you notice crumbling insulation, deteriorating ceiling tiles, or damaged pipe wrapping in an older rental unit, do not touch or disturb the material. Asbestos fibers are microscopic and become most dangerous when airborne, so any attempt to handle or remove the material without professional equipment can significantly increase your risk of exposure. It is also important to know that the EPA’s 2024 ban on chrysotile asbestos is currently paused after the Fifth Circuit Court of Appeals granted abeyance in 2025, meaning there is no near-term federal enforcement requiring landlords to address legacy asbestos in existing buildings.
Your first step should be to notify your landlord in writing and request professional testing. Keep a copy of all correspondence in case you need it for legal purposes later. If your landlord refuses to address the issue, you may have the right to contact your local building code enforcement office, file a complaint with OSHA, or, in some jurisdictions, withhold rent until the hazard is resolved. You should also speak with your doctor about your potential exposure, particularly if you are experiencing respiratory symptoms such as persistent cough, chest tightness, or shortness of breath. Mesothelioma and other asbestos-related diseases can take 20 to 50 years to develop. Even if the exposure occurred in a former rental property decades ago, it may still warrant medical attention today.
Asbestos exposure in a rental property can occur over years of living near deteriorating materials, during a landlord-ordered renovation, or even through secondhand contact with fibers carried on maintenance workers’ clothing. No matter how the exposure occurred, holding the responsible parties accountable is critical for families facing an asbestos-related diagnosis. Joe Williams has represented members of nearly every New York trade union and has decades of experience tracing the source of asbestos exposure to the responsible parties.
We treat every case as our personal cause because we know a mesothelioma claim is the most serious case a person could ever have. Schedule a free consultation with The Williams Law Firm, P.C., today to find out how we can fight for you and your family.
Yes, in many circumstances you can. If your landlord knew about asbestos in the property, failed to disclose it, or allowed work that disturbed asbestos-containing materials without proper abatement, they may be liable under breach of contract, implied warranty of habitability, or negligence law. If you have developed mesothelioma or another asbestos-related disease as a result of exposure in your rental, you may also be entitled to significant personal injury compensation. The strength of your case depends on the specific facts, including what the landlord knew, when they knew it, and how they responded.
Federal law requires landlords to disclose the presence of asbestos when they are aware of it and when it could be disturbed during renovations. However, there is no federal requirement to proactively test for asbestos before a tenant moves in unless renovation work is planned. In New York, landlords have a broad duty to disclose known hazards that could affect tenant health and safety, and failure to do so can form the basis of a negligence or habitability claim.
Do not touch or disturb the suspected material. Take photos and document the condition of the area. Send a written notice to your landlord describing the hazard and requesting professional inspection and testing. Keep copies of all communications. If your landlord does not respond promptly, contact your local housing authority or health department. An asbestos inspector can collect samples safely without releasing fibers, and the lab results will confirm whether the material contains asbestos. If it does and the material is damaged or at risk of disturbance, professional abatement is typically the landlord’s responsibility.
Compensation in an asbestos exposure lawsuit against a landlord can include medical expenses past and future, lost income and earning capacity, pain and suffering, diminished quality of life, and in some cases punitive damages if the landlord’s conduct was particularly egregious. If you were exposed to asbestos through defective products installed in the building, you may also have claims against the manufacturers of those products through asbestos trust funds or direct litigation. An experienced mesothelioma attorney can identify all available sources of compensation and pursue the maximum amount for your situation.
As the founding partner of Williams Law Firm, Joseph P. Williams has dedicated over 30 years to representing mesothelioma victims and their families. His firm has recovered hundreds of millions of dollars for those affected by asbestos exposure, offering personalized, aggressive legal advocacy. Based in New York, Williams Law Firm provides free consultations and handles cases nationwide.
