Landlords and tenants very often overlook asbestos disclosures in leasing commercial real estate. Owners and managers of commercial buildings constructed before 1981 must notify their tenants of the presence and location of known asbestos containing materials and presumed asbestos containing materials that the tenant’s contractors or employees may encounter. Tenants must in turn notify their employees and contractors of such materials. Asbestos in buildings constructed after 1981 must also be disclosed as well. Failure to make asbestos disclosures can subject a landlord or tenant to fines and other penalties by OSHA and/or the EPA. The federal rules are set out in 59 Fed. Reg. 40964, 29 C.F.R. Section 1910.1001, 1926.1101, and 60 Fed. Reg. 33974. OSHA has published plain English discussions of its rule for general industry and the construction industry. For more information and to contact experienced legal professionals please visit our website.
Paul W. Tipton
(214) 890-0991
ptipton@tiptonjonesllp.com
