Frequently Asked Questions
Asbestos in Apartments — What Tenants Need to Know
Universal health risks, your rights as a tenant, the Berlin case, and what to do if you suspect contamination.
Health
Health Risks
Asbestos is dangerous when fibers are released — through damaged tiles, drill holes, grinding, or wear. The World Health Organization classifies all asbestos types as Group 1 carcinogens. There is no known safe threshold.
Even intact materials pose a latent risk because any future disturbance — renovation, drilling, normal wear — can release fibers. This is why concealment of known contamination is so dangerous: tenants perform everyday activities not knowing they are disturbing asbestos. A detailed explanation of asbestos types and health risks is available on our background page.
Inhaled asbestos fibers can cause three serious diseases:
- Asbestosis: Chronic scarring of the lungs leading to progressive breathing problems.
- Lung cancer: Risk increases with exposure duration and is especially elevated in smokers.
- Mesothelioma: An aggressive cancer of the chest or abdominal lining. The latency period is 20–50 years; median survival after diagnosis is 12 months.
The latency period is what makes residential asbestos concealment so insidious: exposure today may not cause symptoms for decades. More information: What is Asbestos? →
Asbestos cannot be reliably identified with the naked eye. Only laboratory analysis provides certainty. Common locations in residential buildings from the 1960s–1980s:
- Floor tiles and adhesive: Vinyl tiles (often 30×30 cm) and the black mastic adhesive beneath them — the adhesive is often more dangerous than the tiles themselves.
- Wall and ceiling panels: Lightweight boards in kitchens, bathrooms, hallways.
- Pipe insulation: Coverings on heating and water pipes.
- Textured coatings and sealants: Popcorn ceilings, gaskets, putty.
If your building was constructed or renovated between the 1950s and early 1990s, asbestos-containing materials may be present.
No — under no circumstances. Any mechanical processing (grinding, drilling, breaking, tearing out) releases carcinogenic fibers. Removal must only be done by a licensed asbestos abatement contractor under protective measures.
This is exactly what went wrong in the Berlin case: a tenant was given permission to renovate but was never told the floor contained asbestos. He ground the adhesive off the concrete — releasing an estimated 1.2 million fibers per cubic meter of air.
Tenant Rights
Landlord Obligations and Tenant Rights
In most jurisdictions, landlords have a legal duty to disclose known hazards. The specifics vary:
- Germany: The Berlin Regional Court (18 S 140/16) has ruled that landlords must inform tenants about known asbestos — even if materials are classified as “intact.”
- UK: The Control of Asbestos Regulations 2012 require duty holders to manage and disclose asbestos in non-domestic premises. In council housing, duty of care applies.
- US: Federal law requires disclosure in some contexts; state laws vary. Many states require landlords to disclose known lead and asbestos hazards.
- Australia: Work Health and Safety regulations require identification and management of asbestos in buildings.
The core principle is universal: if a landlord knows about contamination and says nothing, they are creating a health risk through silence.
Request disclosure in writing — registered mail or equivalent. Keep a copy. If the landlord refuses or delays, seek legal advice in your jurisdiction. In many countries, you have the right to have your apartment tested for hazardous materials at your own expense without the landlord’s permission.
Document everything: dates, responses, refusals. Written records are essential if you later need legal recourse.
In most jurisdictions, the landlord bears the cost of remediating hazardous materials. Asbestos removal is a maintenance obligation, not an upgrade — costs generally cannot be passed on to tenants.
Duration depends on scope: a single apartment typically takes 2–6 weeks. Large building complexes can take years. Residents usually must relocate temporarily; replacement housing costs are typically the landlord’s responsibility.
The Berlin Case
About This Investigation
degewo, a state-owned housing company in Berlin, has known since at least 2000 that thousands of apartments contain asbestos. A parliamentary inquiry confirmed 14,400 affected units. As of 2024, 6,736 apartments remain contaminated. Tenants were never systematically informed — even though courts have established a duty to disclose.
In 2012, a tenant was given permission to renovate. He ground asbestos-containing adhesive off the floor for days, in a sealed apartment, without protection. degewo had the contamination on file. They said nothing.
The prosecution cited a missed filing deadline and “no public interest” — despite police documenting the exposure as the “worst-case scenario” and over 17,000 apartments being affected. The General Prosecutor even questioned whether health damage could be attributed to the exposure at all.
The full analysis documents 7 contradictions between police findings and prosecution reasoning.
The law firm Eisenberg König Schork Kempgens specializes in serious criminal matters and crisis communication — not tenancy law. Its deployment for a legal aid hearing against a single tenant suggests degewo treated the matter as a criminal liability risk and reputation crisis from the start.
No. All six state-owned Berlin housing companies manage buildings from the 1960s–1980s with potential asbestos contamination — approximately 350,000 apartments in total. Private landlords are also affected. And the pattern of concealment is not unique to Berlin: similar dynamics have been documented in the UK, Australia, the US, and France.
degewo is the focus because the documentation is most extensive and the gap between internal knowledge and tenant information is most clearly evidenced.
Take Action
What to Do If You Suspect Asbestos
1. Do not disturb the material. Do not touch, drill, grind, or break suspected materials.
2. Document. Photograph suspicious areas. Note the location and condition.
3. Request disclosure in writing. Send a registered letter to your landlord asking whether asbestos-containing materials are present in your apartment.
4. Get it tested. An accredited laboratory can analyze a material sample. Cost varies by country — typically $30–100 / €30–80 per sample. Dampen the material before sampling and wear an FFP3/P100 mask.
5. Preserve evidence. Keep all correspondence, photos, and test results. They may be critical if you need legal recourse later.
6. Seek legal advice. Contact a tenant rights organization or lawyer experienced in environmental health or housing law in your jurisdiction.
Evidence preservation is critical — especially before moving out, because evidence is often irrevocably lost afterward. Photos alone are often insufficient in court. Consider having an independent expert document the condition before you vacate.
The Berlin case illustrates why this matters: after the tenant moved out, the apartment was renovated. Physical evidence of the original contamination could have been lost without the documentation the tenant preserved beforehand.
Want the full story?
This FAQ covers the basics. The investigation documents everything — from the first parliamentary inquiry in 2000 to the criminal case dismissal in 2022.