Hennepin Minnesota Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

State:
Multi-State
County:
Hennepin
Control #:
US-OL10043BA
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Word; 
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Description

This office lease clause deals with asbestos and the obligation of the landlord to remediate asbestos during initial alterations.

The Hennepin Minnesota Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alterations is an important legal provision specifically designed to ensure the safety and well-being of tenants in Hennepin County, Minnesota. This clause addresses the issue of asbestos, a hazardous material often found in buildings constructed before the 1980s, and outlines the responsibilities of landlords when it comes to identifying and remedying asbestos during any initial alteration or renovation projects. Under this clause, landlords have a legal obligation to thoroughly inspect their properties for the presence of asbestos prior to initiating any alterations or renovations. If asbestos-containing materials (ACMs) are discovered, the landlord is required to take immediate action to mitigate the risk and ensure the safety of both the tenants and workers involved in the alteration process. There are different types or scenarios of the Hennepin Minnesota Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alterations, which can be named as follows: 1. Asbestos Inspection and Testing Obligation: This type of clause outlines the landlord's duty to hire a qualified asbestos inspector or consultant to thoroughly assess the property for the presence of asbestos-containing materials. The inspection may include sampling and laboratory testing to confirm the presence and extent of asbestos. 2. Asbestos Remediation Obligation: This clause specifies the landlord's obligation to hire licensed professionals or contractors to safely remove or encapsulate any identified asbestos-containing materials during the initial alterations. Remediation methods must follow all applicable local, state, and federal regulations and guidelines to ensure proper handling, disposal, and containment of asbestos. 3. Notification Obligation: In some cases, the clause may require the landlord to inform tenants about the presence of asbestos-containing materials in the building and any planned alteration or renovation work. This ensures that tenants are aware of potential risks and can take necessary precautions to protect their health during the construction period. 4. Compliance with Environmental Regulations: This clause emphasizes the landlord's responsibility to comply with all relevant environmental regulations, including obtaining necessary permits or approvals from the local environmental agency before commencing any alteration or renovation activities involving asbestos. 5. Contractor Selection and Supervision Obligation: This type of clause focuses on the landlord's obligation to select and supervise competent contractors who have the necessary experience, expertise, and licenses to handle asbestos-containing materials safely. It may also require the landlord to provide documentation of the contractors' qualifications and compliance with asbestos regulations. All these different types of clauses ensure that landlords in Hennepin County, Minnesota, fulfill their duty to protect the health and safety of their tenants by addressing the risks associated with asbestos during initial alterations or renovations. By complying with these clauses, landlords contribute to creating a safe living environment and reducing the potential health hazards attributable to asbestos exposure.

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FAQ

As a tenant, you have a right to a livable home. As asbestos is a hazardous substance, exposed asbestos must be dealt with by your landlord. The Occupational Health and Safety Administration (OSHA) has regulations to protect the right of tenants by placing duties on landlords themselves.

You typically can't identify asbestos-containing material just by looking at it, unless the material is labeled. But, according to the United States Environmental Protection Agency (EPA), asbestos is often found in materials like: attic and wall insulation. vinyl flooring.

You typically can't identify asbestos-containing material just by looking at it, unless the material is labeled. But, according to the United States Environmental Protection Agency (EPA), asbestos is often found in materials like: attic and wall insulation. vinyl flooring.

You can live in a house with asbestos. If you live in an old house, the chances are that you have been living with asbestos for some time. When the asbestos-containing material is disturbed, deteriorating, or broken, however, it can be harmful to your health.

In the event a Landlord knowingly exposes a tenant(s) to asbestos fibres in the air, they will be guilty of the tort of negligence. Following this, in circumstances where a tenant were to develop a disease, they would be able to bring a personal injury claim against their Landlord.

Tenants can sue landlords over a variety of issues including cold and damp homes. You can also take legal action against your landlord if they don't carry out necessary repairs or maintenance and an injunction can be issued if necessary repair work is not carried out.

Once airborne, the fibers can be inhaled and become lodged in the lungs, creating scar tissue. Decades later, more serious health concerns may arise, including cancers like mesothelioma or lung diseases like asbestosis.

The plan for dealing with asbestos will depend on its current condition. If a survey reveals the asbestos is sound and best left undisturbed, a landlord has no legal obligation to act. Many tenants will be unhappy about the idea of asbestos in their home and it may be prudent to have the material removed.

Use of asbestos was banned in the UK in 1999 but you can still find it in many properties. Landlords should assume that asbestos is present in all pre-2000 buildings. If it's in good condition and not damaged or disturbed then it shouldn't present a risk.

More info

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Hennepin Minnesota Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations