Property Types

Rental Homes

Entities that own and lease out single-family homes to tenants can face numerous environmental risks. Exposures include Indoor Air Quality and Sick Building Syndrome from mold, legionella, asbestos, lead, carbon monoxide, and other contaminants. Using and storing chemicals, heating fuels, and cleaners can also cause environmental risks due to overuse, spills, or leaks of these materials. Cleanup, third-party claims, and natural resource damage can result.

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Environmental Exposures May Include

Asbestos
Lead
Mold
Hazardous Chemicals
Storage Tanks
Indoor Cannabis Cultivation
Sick Building Syndrome
Existing Contamination
Pool Chemicals
Pesticides

Asbestos

Older homes may contain asbestos. Asbestos-containing material (ACM) may be in insulation behind walls, attics, and around piping. ACM may also be present in ceilings, walls, flooring tile, and mastic. Tort claims may result from accidental disturbance or alleged exposure during renovation, construction, or interior remodeling.

Lead

Lead could be present in paint or pipes. Lead in pipes can get into drinking water, and paint chips and dust from lead-based paint can be ingested. Lead exposure can cause significant bodily injury. Exterior lead-based paint can also leach into the soil around the structure, resulting in cleanup liability.

Mold

Mold can develop in building materials from water intrusion or high humidity. Tort claims may also result from inadvertent disturbance or alleged exposure during renovation, construction, or interior remodeling. Third-party bodily injury, property damage, and cleanup claims may result from mold and fungi incidents.

Hazardous Chemicals

A growing problem for owners/landlords/managers is methamphetamine (meth) manufacturers who move frequently and often leave behind contaminated property. The hazardous chemicals used to make meth, and the chemicals produced during the manufacture of the drug, can seep into floors, ceilings, walls, and ducts and remain for years.

Storage Tanks

Underground and aboveground storage tanks may be present at home for storing heating oil or storage or throughput of sewage. Spills can occur from the tanks or during loading and unloading. Leaks or a malfunction of equipment, pumps, valves, and pipes can also cause a release of the contents. Improper or no secondary containment can allow contents to leach into the underlying soils and groundwater, collect in run-off, or migrate off-site or into storm drains, sewer drains, drywells, or surface waters.

Indoor Cannabis Cultivation

Tenants may be growing cannabis on a property. Indoor cannabis cultivation requires elevated humidity and warm temperatures. These conditions could lead to mold growth, bodily injury, or cleanup claims.

Sick Building Syndrome

Sick Building Syndrome refers to a situation where building inhabitants suffer from health problems that occur and are aggravated while in a building. Exposures that can contribute to an unhealthy indoor environment include asbestos, lead-based paint, mold, bacteria, formaldehyde, nitrous dioxide, carbon monoxide, radon, pesticides, pollen, viruses, and volatile organic compounds. Sick Building Syndrome is often attributed to poor design, maintenance, or a faulty ventilation system.

Existing Contamination

Existing soil or groundwater contamination may be present on, under, or adjacent to a home from historical operations, former heating oil tanks, releases from off-site properties that migrate onto the property, etc. A property owner could become liable for cleanup or third-party claims related to existing contamination.

Pool Chemicals

Pool chemicals are highly concentrated and typically very reactive. Misuse, over-application, improper storage, and spills or leaks of pool treatment chemicals can create cleanup liability and health hazards to third parties. Leaks or spills from improper storage and handling could contaminate drinking water sources or damage ecosystems or aquatic life if the chemicals migrate to surface waters or wetlands.

Pesticides

Pesticides, herbicides, fertilizers, and insecticides may be applied at the property for landscape maintenance. Overuse, misapplication, or spills can cause health impairment to third parties, property damage, or contamination of soil, groundwater, or surface water on-site or off-site.

Environmental Pollution Liability Can Provide Coverage For

On-site cleanup of new and pre-existing pollution conditions

Off-site cleanup of new and pre-existing pollution conditions

Third-party claims for bodily injury and property damage

Defense of third-party claims

First-party emergency response costs

Both sudden and gradual pollution conditions

Mold, bacteria, legionella, and more

Aboveground and underground storage tanks

Civil fines and penalties, where allowed by state law

Business interruption resulting from pollution conditions

First and third-party transportation pollution liability

Loading and unloading

Illicit abandonment

Non-owned disposal sites

Asbestos and lead

Natural resource damage

Claims Scenarios & Examples

A rental home was found to have extensive mold growth throughout. The cause was allegedly due to water intrusion from a leaking roof that was not adequately maintained. The tenant experienced mold-related health issues and sued the owner for bodily injury. The claim settlement and cleanup costs exceeded $500,000.
A mechanical contractor replaced the ducts for a house air conditioning system. It was later determined that the ductwork was home to a dangerous fungus. The dismantling activities and the on-site storage of dismantled ductwork caused the fungus to spread throughout the house. The tenant became sick and sued the owner and the contractor for bodily injury. Even though the owner was not at fault, they encountered legal defense and claims management expenses.
After a house was vacated, the owner discovered that the renter had been growing cannabis in the house, and the excessive humidity and moisture from the growing operations had caused extensive mold growth. After attempts to locate the renter failed, the house owner had to pay for the cleanup, which was over $100,000.
A heating oil tank present in the basement of a rental home had rusted over time. During a fuel delivery, the tank failed, and the contents spilled into the basement. The tenant suffered damage to their furniture and other personal items stored in the basement. The owner was liable for property damage claims from the tenant and cleanup costs.
A family leasing a house died when a faulty valve on the hot-water heater in their house caused carbon monoxide to leak. The house was not equipped with a functioning carbon monoxide detector; therefore, the family’s relatives sued the owner.
An owner hired a contractor to perform some renovations on their house, including removing and replacing a popcorn ceiling. The contractor did not sample the ceiling before the work. It was later determined that the ceiling contained asbestos, and asbestos fibers had been spread throughout the house. Extensive cleanup efforts were required in the house. The owner sued the contractor to recoup the costs, but the contractor went out of business.

Final Consideration

Your business can be faced with the cost to defend itself against allegations or legal action from pollution related events, regardless if you are fault or not. Having the proper insurance coverage in place will help fund the expenses incurred to investigate or defend against a claim or suit and provide you with environmental claims handling expertise.

This environmental risk overview offers a general understanding of potential risks and may not reflect all risks associated with your business. Environmental Risk Professionals has compiled this overview for informational purposes only. This overview does not constitute legal opinion or advice, nor does it establish a consultant-client relationship. This overview is not intended to guide project parties in interpreting specific contracts or resolving disputes; such decisions may require consultation with counsel and depend on various factors. © 2025 Environmental Risk Professionals, LLC

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