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Before leasing residential property, you will be required by state and local laws to make certain disclosures and meet certain standards. As a result, you may need to inform a prospective tenant about the presence and risk of asbestos in the residence. What you need is an Asbestos Addendum for a Residential Lease.
Asbestos containing materials were commonly used in the construction of buildings before 1981. If left undisturbed, asbestos poses little risk. But if disturbed, asbestos may become airborne and inhalable; exposure to which leads to serious disease and potentially death. If the building you are leasing was built before 1981, or you have actual knowledge of asbestos contained in the leased building, you should use this Asbestos Addendum to reduce your liability to the new tenant(s).
This addendum is a document incorporated into a residential lease that serves the purpose of (i) providing general information regarding asbestos to the tenant(s), (ii) informing the tenant(s) as to whether the landlord has actual knowledge of the presence of asbestos in the premises, and (iii) informing the tenant(s) of their obligations and responsibilities regarding asbestos containing materials.
A landlord should use this addendum if they have knowledge of the presence of asbestos containing materials in their rental property, or if the building is relatively old:
Knowledge of Asbestos Containing Materials – Most states require leased residential premises to meet basic living and safety standards. If you have knowledge of asbestos in the building you are leasing, the safety of the tenants may be at risk. By executing this addendum, the tenant is placed on notice and the potential liability of the landlord will be significantly reduced.
Old Buildings - Asbestos containing materials were so prevalent in the construction of houses in the past that the Federal Occupational Safety and Health guidelines presumes that any building built before 1981 contains asbestos. If the building you are leasing was constructed in 1980 or before, having tenants sign this addendum is good practice that may shield you from future liability.
California buildings constructed in 1979 or before MUST provide the tenants with an asbestos addendum.
This addendum is fairly straightforward and includes:
Recitals – This section describes the who, where and when of the addendum.
The names of the landlord and tenant are given;
The date of the addendum is listed; and
The location of the rental property is identified.
Asbestos Information – The next portion of the addendum gives general information about asbestos. The purpose of this paragraph is emphasizing the severity of asbestos to the tenant.
Landlord’s Disclosure – In this part of the addendum, the landlord represents to the tenant whether they have actual knowledge of the presence of asbestos in the residency.
Surveys/Bulk Sample Analysis – If inspections have been conducted to test for asbestos in the residency, the results of those surveys will be contained in this section.
Tenant’s Responsibilities – To minimize the risk of exposure to the tenant and liability of the landlord, guidelines are listed for the tenant to follow.
Incorporation – Once executed, this addendum is treated as though it was always a part of the original lease.
Signatures – Both the landlord and tenant(s) must sign the addendum to make it legally effective.
Our propriety form generator will assist you in creating your customized Asbestos Addendum within minutes. Answering the questions is not complicated – you only fill in the requested information and we will put it together for you.
Once you complete the questionnaire and place your order, it will be available for immediate download in either PDF or Word document from your secure online account including a step-by-step guide on how to use your document.
Generally, a lease addendum does not need to be notarized – both parties only need to sign the document to make it legally enforceable. A witness may be helpful if the other party attempts to contest the document, but a notary is not necessary.
Please Note: The use of a notary ensures that no one challenges any signatures later and is a secure way to firmly establish the effectiveness of your document.
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