Habitability & Commercial Property

Habitability & Commercial Property

Tyson & Mendes defends property owners in litigation arising from habitability claims brought by tenants. The firm commonly handles and has a successful track record defending claims arising from:

  • Failure to protect against the elements, such as a leaky roof or broken window
  • Insufficient heating, including hot and cold running water
  • Electrical issues, such as insufficient electricity or poor electrical wiring
  • Sanitation issues, including problems arising from waste or pests
  • Failure to keep the unit and building in good repair, including the stairways and common areas
  • Appropriate security measures for the property

Our habitability team defends these and many more habitability claims on behalf of individual and commercial landlords with a demonstrated history of successful results.

Habitability & Commercial Property Articles:

image of an apartment

One For the Landlords in Washington

Author: Michael Kutzner | October 29, 2021 9:00am
Landlord and tenant law in Washington usually favors the tenant.  However, a tenant can be the disfavored party when a clearly written, easily interpreted contract is involved.  In Spokane Airport Board v. Experimental Aircraft Association, Chapter 79, the Washington Supreme Court adhered to the contract in question, siding with the landlord.

Florida Jury Awards $50 Million in Habitability/Mold Case

Author: Rob Olson | October 4, 2021 5:32pm
A Florida jury awarded $48,257,922 to a tenant who lived in an apartment with “toxic” mold for approximately one and a half years. This verdict included $35 million for past and future pain and suffering and $10 million for future medical costs! While the defendants were not represented at trial, the award is a shot across the bow at what Nuclear Verdicts™ may look like post-pandemic.
image of a girl with her dog

California Law on Dog-Bite Liability – Is it Absolute?

Author: Brianna Andrade | June 4, 2021 9:00am
California’s dog bite statute, Civil Code 3342, is one of the strictest dog laws in the country. Unfortunately, the possibility of civil liability rarely crosses the mind of dog owners but dog bite cases are common and injuries are more severe than one may expect. In California, dog owners must compensate victims whether their dog showed signs of aggression in the past or not.
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