Tenant is demanding I test for asbestos - Denver, CO

[Lora H.]

Hi BP friends! I've got a tenant that is asking/demanding that I test for asbestos in my SFH rental. This home was built in 1951, I bought in 2012; no basement - it's on concrete slab. It was a fix and flip when I bought it and the only work I've done on the property was landscaping; no remodeling has happened since I've owned it and nothing in the house is "falling apart" or deteriorating. This is a really nice home, granite counters, newer appliances, newer kitchen, etc. I lived in it until the end of 2015 and now it's a rental. I have some new tenants and one of their dad's pulled a vent and is suspicious that the house may have asbestos. I checked my inspection report from 2012 and spoke to my inspector; he doesn't test for asbestos and educated me he had no concerns about asbestos with this house. However, my tenant is claiming they called CO Health Dept and was told (apparently) that the law requires this house be tested because it was built before 1981 and there was work done by other people on the house (in 2012). Is this true? I did some research online including our BP forums and found some folks that seem to have some experience with this here. I thought I would ask BPer's and call out @Bill S. since I noticed you mentioned having some experience at this as a realtor. Any help/comment is helpful. I would never put anyone, including a tenant at risk for anything - I want them to be happy and healthy. I want to comply with the law whatever that is. But from what I read it seems I would need to test if it's currently under remodel, disturbance or something is deteriorating.

[Travis Sperr]

Testing is only required if you are disturbing potential asbestos. Asbestos tests are relatively inexpensive depending on the extent, but they require materials in question are disrupted to test- chipping, walls, floors, etc. 

If I had a tenant giving me a hard time I would let them know that I will let them out of their lease with no penalty and return the deposit as long at the property is left in as good or better shape than when they moved in. I have a pretty small tolerance for tenants making ridiculous demands. Pretty quickly they will either be quiet or move out.

The more rentals and experience you have managing tenants the more cynical and less tolerant you become.

Good Luck!