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Clause Dealing with Asbestos and the Landlord Obligation to Remediate...

Santa Clara California Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

Name: Santa Clara California Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations
Brand: US Legal Forms
Rating: 4.56 (327 reviews)

Category:

Landlord Tenant - Commercial Leases

State:

Multi-State

County:

Santa Clara

Control #:

US-OL10043BA

Format:

Instant download

Description

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

Santa Clara, California is a city located in the heart of Silicon Valley, known for its booming technology industry and thriving economy. The city has stringent regulations and clauses in place regarding asbestos and the responsibilities of landlords when it comes to remediating asbestos during initial alterations. One of the key Santa Clara California clauses dealing with asbestos and the landlord's obligation to remediate asbestos during initial alterations is the Safeguarding the Indoor Environment Ordinance. This ordinance focuses on protecting the health and safety of residents by ensuring that landlords take necessary measures when renovating or making alterations to properties that may disturb asbestos-containing materials. Under this clause, landlords are required to conduct thorough inspections for the presence of asbestos prior to starting any renovation or alteration work. If asbestos-containing materials are found, landlords must follow specific protocols to abate and remove the asbestos safely. This Santa Clara California clause also mandates that landlords hire certified asbestos professionals to handle the asbestos abatement process and ensure compliance with all applicable regulations. After the asbestos removal, landlords must provide documentation to tenants and the city authorities verifying that the property is asbestos-free. In addition to the Safeguarding the Indoor Environment Ordinance, Santa Clara California has other clauses and regulations related to asbestos, such as the Environmental Protection Regulation, which sets forth guidelines for asbestos transportation and disposal. It is crucial for landlords in Santa Clara California to be aware of these clauses and regulations and to comply with their obligations regarding asbestos remediation. Failing to do so can result in severe penalties and legal consequences. Overall, Santa Clara California takes the issue of asbestos seriously and has implemented stringent clauses to safeguard the health and well-being of its residents. Landlords must stay informed and proactive in their efforts to ensure compliance with these regulations to provide a safe living environment for their tenants.

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FAQ

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.

If you built the property, you must ensure there are no major defects, which include asbestos. If a tenant is reasonably affected by such defects, they can sue for compensation under tort law. The court can then order the landlord to carry out any work required to rectify the problem.

Yes, California landlords are supposed to to mitigate damages if you move out before your lease is up. Civil Code 1951.2 says that your landlord cannot require you to cover unpaid rent that could have been reasonably mitigated by re-renting the property.

If you find something in your home that you suspect is asbestos, don't touch it. Even if the material is in good condition, the best option is to leave it alone. If the material appears damaged or future activities could disturb it, contact a trained and accredited asbestos professional.

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.

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.

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.

Asbestos. Asbestos may be found in properties built before 1981. Depending on the number of employees a landlord (or property management company) has, the landlord may or may not be required to make asbestos disclosures, and/or add a lease addendum.

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Santa Clara California Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

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