Windows replacement and Asbestos

13 Replies

We are in the process of changing one window (due to rotten frames) of our rental Quadruplex built in 1986. After removing the window, the tenant started raising concerns of exposure to Asbestos (tenant claims to be an expert in Asbestos). We had to stop the window replacement job due to the concern. 

We have reached out to a certified company to come onsite and inspect for asbestos which is scheduled tomorrow. The asbestos company representative said, the chances of asbestos in a 1986 house is very rare however it can be confirmed only after testing.

Tenant is threatening that we didnt inspect it ahead of the work and thereby going to court.

Would like to know from experienced people who dealt with this situation before. 

that's sounds crazy!  what are they saying has asbestos?  i am no expert at all on asbestos, but i have changed a lot of windows over the years.  you're just pulling off window trim, and i assume pulling out the old sashes.  doesn't seem like you're exposing anything but framing, and window jambs?  maybe old insulation? 

@Moncy Samuel Built in 1986? Highly doubt you’d have asbestos being so new . That was a problem for houses built in the 30’s and 40’s. After thIs Is all straIghteneed out Id assure the tenant that while he may be an expert With Asbestos , you are an expert at evictions and he will soon be homeless for his shenanigans

Sounds like this person is just looking for a lawsuit. What kind of tenant were they before this incident? Even if there was asbestos, that extremely little bit isn't going to affect them in any way. However, I have seen judges make some terrible rulings. I wouldn't worry too much about it.

My father worked around asbestos for 40+ years and never had an issue. 

There is more or less zero chance that there's asbestos around that window. That the tenant should state such a ludicrous proposition and at the same time claim to know much at all about asbestos is a sign of trouble to come. I will add my voice to the chorus...this is a problem tenant that needs to go. Opinionated and throughly ignorant is a bad combination.

@Jim K. Want to add this. The tenant is allowing to stay her boyfriend in the property who is not in the lease which Is vIolatIng the lease. When asked to include, she is claiming “retaliation”. What is the next steps?. Should I send her a lease termination or 30 day notice ?

Lease is up for renewal in Dec. The window is not installed completedly but it is mounted temporarily. 

Asbestor inspector took samples today and send to lab. Hope to hear from him as soon as the results are available.

Originally posted by @Moncy Samuel :
@Jim K.

Want to add this.

The tenant is allowing to stay her boyfriend in the property who is not in the lease which Is vIolatIng the lease.

When asked to include, she is claiming “retaliation”.

What is the next steps?. Should I send her a lease termination or 30 day notice ?

Did you have an issue with the boyfriend not being on the lease prior to her complaint about (potential) asbestos? If not, then it does seem like "retaliation" even though you're correct about wanting him on the lease. I would just send her a cure or quit notice about the boyfriend and if she doesn't fix the issue, then evict. And if she does fix it, then just don't renew come december.  She seems like trouble. 

Definitely check local laws to see what your rights are.  If you have language in your lease that allows for entry to complete necessary repairs, I would give them official notice to enter and finish the window install by personally accompanying the contractor.  It's easy for me to say, but I would call their bluff about a lawsuit once you get the lab results back (we all know what it's going to say).

Are you paying for utilities?  If so, another reason to get the window buttoned up ASAP.

If they still refuse entry after official notice, I would serve a notice to cure.  If they still do not comply, I would seek to evict on this premise.

I would ignore the boyfriend issue at this point and just evict for non-compliance (entry) or if they allow entry, ride out the last three months and not renew.

Update :

Received the test result of 3 samples the asbestor inspector send for inspections and the result came back that there is no presence of asbestos. Big relief of the situation and notified the tenant about the result. Next steps are to finish the window job and handle the tenant situations in a strategic way. It cost us $170 + 22/sample however gives peace of mind from the threatening scam artist tenant (who is not even in the lease agreement).

Thanks all for feedbacks and sharing the experiences.

@Wesley - Agree with you point. We may ride out the next 3 months and not renew.