Housing people, how do I find out if Oregon requires asbestos disclosure on rental property?

NeoPTLD

Platinum Member
Nov 23, 2001
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2
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Ok, for various reasons, I want freaking out of my lease.

Sent in a sample from my ceiling and this is what I got back from the analytical lab:

"The acoustic ceiling spray sample you submitted for analysis contains 2% asbestos (type: Chrysotile)."

I signed a lead paint disclosure, but not an asbestos disclosure. Where do I find if it is one of the environmental hazard disclosures in Oregon?
 

BoomerD

No Lifer
Feb 26, 2006
66,090
14,495
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using that maj-ikal instrument, GOOGLE, I entered " Oregon rental asbestos " and got several hits, including these:
http://www.deq.state.or.us/aq/asbestos/cc/asbestos4.htm

http://www.deq.state.or.us/aq/aqplanning/ORLEV/docs/05Janrule/AttachA3Div_12.pdf

http://www.deq.state.or.us/aq/asbestos/index.htm

http://www.osbar.org/public/olsbooklets/landlord/repairs.html

"If the landlord fails to provide an 'essential service' and, because of this, there is an immediate and serious threat to your health or safety or to your property, you can give the landlord a written notice that says that you are moving out in 48 hours unless the problem is fixed in that time. Question 36(4) gives more information about what is an 'essential service.' The lack of the 'essential service' must be causing an 'imminent and serious threat to the health or safety of the tenant.' This means that it is very likely that harm will happen and that the harm will be serious. You can't use this law for problems such as lead-based paint, radon, asbestos or the future risk of flooding or earthquakes. See Sample Letter 6. (ORS 90.365) "


That will get you going...I'd contact a good real estate attorney before moving out...but I certainly understand your concern. FYI, most older acoustical ceilings including spray-on stuff, like popcorn ceilings, contain some asbestos.


 

NeoPTLD

Platinum Member
Nov 23, 2001
2,544
2
81
Originally posted by: BoomerD
using that maj-ikal instrument, GOOGLE, I entered " Oregon rental asbestos " and got several hits, including these:
http://www.deq.state.or.us/aq/asbestos/cc/asbestos4.htm

http://www.deq.state.or.us/aq/aqplanning/ORLEV/docs/05Janrule/AttachA3Div_12.pdf

http://www.deq.state.or.us/aq/asbestos/index.htm

http://www.osbar.org/public/olsbooklets/landlord/repairs.html

"If the landlord fails to provide an 'essential service' and, because of this, there is an immediate and serious threat to your health or safety or to your property, you can give the landlord a written notice that says that you are moving out in 48 hours unless the problem is fixed in that time. Question 36(4) gives more information about what is an 'essential service.' The lack of the 'essential service' must be causing an 'imminent and serious threat to the health or safety of the tenant.' This means that it is very likely that harm will happen and that the harm will be serious. You can't use this law for problems such as lead-based paint, radon, asbestos or the future risk of flooding or earthquakes. See Sample Letter 6. (ORS 90.365) "


That will get you going...I'd contact a good real estate attorney before moving out...but I certainly understand your concern. FYI, most older acoustical ceilings including spray-on stuff, like popcorn ceilings, contain some asbestos.

I know that lead paint disclosure is required. What I need to know is if such disclosure is required for asbestos in state of Oregon. I haven't had much luck on Google.