Asbestos in the property's roofing: can the tenant suspend rent payments?

Discovering that the roof of a rented property contains asbestos is a situation that puts a strain on the relationship between landlord and tenant. The question that immediately arises is a practical one: can the tenant stop paying rent until the problem is resolved? The answer is not straightforward and depends on several factors: the actual condition of the material, the degree of risk to health, and the conduct of both parties. This guide outlines the general framework, referring you to a professional for the assessment of your specific case.

When asbestos becomes a legal issue

Not every presence of asbestos in a property automatically constitutes a defect that renders the property uninhabitable. Compact asbestos in good condition, neither friable nor deteriorated, releases fibres to a far lesser extent than degraded asbestos. Health regulations distinguish between intact materials, which must be monitored periodically, and deteriorated materials, which require remediation or encapsulation.

From a legal standpoint, the landlord is obliged to deliver and maintain the property in a condition fit for the agreed use. If the roofing made of Eternit or another asbestos-containing material is in such a state as to compromise the healthiness of the premises, this may constitute a defect in the leased property that affects the obligation to pay rent.

Suspending rent payments: when it is permissible

As a general rule, Italian case law allows the tenant to reduce or suspend rent payments when the property proves partially or entirely unusable for reasons attributable to the landlord. However, the total and unilateral suspension of payment is regarded by the courts as an extreme measure, permissible only where the situation renders the property completely unfit for use.

Where asbestos is present but not yet in an advanced state of deterioration, judges tend to grant a proportional reduction of the rent rather than a full suspension. If, on the other hand, the material is friable and airborne fibre concentrations exceed the warning thresholds set by health regulations, the picture changes and the tenant's position becomes stronger.

What the tenant should do before taking action

• Report the problem to the landlord in writing (registered letter or certified email), describing the visible condition of the roofing and requesting a technical inspection.
• Request, possibly through the Municipality or the competent local health authority (ASL), an assessment of the condition of the material and the risk of fibre release.
• Keep all documentation: photographs, written communications, and any technical reports.
• Consult a lawyer specialising in tenancy law before reducing or suspending rent payments, to avoid falling into unjustified arrears.

The landlord's obligations

Once informed of the presence of asbestos in potentially hazardous conditions, the landlord is required to take action. In many local areas, including the municipalities of Umbria, specific procedures exist for reporting and remediating asbestos-containing materials: it is worth checking with your Municipality or the relevant local health authority (ASL) which obligations fall on the owner and what timeframes apply.

If the landlord remains inactive after the written notice, the tenant may apply to the court to obtain a rent reduction or, in the most serious cases, the termination of the contract for breach by the landlord. The judicial route, however, is long and costly: in most cases, an out-of-court settlement — possibly mediated by a professional — is the quickest solution for both parties.

Buying or renting a property with an Eternit roof

In the Todi area and across much of Umbria, the historic building stock includes many rural buildings and homes constructed at a time when Eternit was a widely used material. Anyone buying or renting a property of this kind should always request information on the condition of the roofing and, if necessary, have a survey carried out before signing the contract. The presence of asbestos is not an insurmountable obstacle, but it must be handled with transparency between the parties from the outset.

If you are considering a property in the Todi area and want to understand how to proceed with regard to an Eternit roof — whether you are looking for a home to rent or you are an owner — the Todi Immobiliare team is available to guide you and, if necessary, refer you to the technical and legal professionals best suited to your situation.