NB Attorneys Successfully Overcome Tenants' Toxic Mold Claims
Secure Award of Over $35,000 for Residential Landlord
NB attorneys filed an unlawful detainer action to evict problem tenants for one of its landlord clients. The defendants, represented by a local attorney specializing in tenant representation, raised multiple defenses, including claims of toxic mold and breach of the implied warranty of habitability.
NB attorneys overcame each of these defenses, including expert reports on the toxic mold issue submitted by tenants, and had the tenants removed from the property. NB obtained a judgment and successfully defended the judgment at the appellate level, leading to an award for its landlord client of more than $35,000, including past due rent, damages to the property, and attorney's fees and costs.
"The tenants' tactic was to raise every defense in the book and drive up the costs of litigation to punish the landlord for demanding payment of rent due and owing," said trial attorney Travis Bray. "We overcame each and every one, and the defendants ended up paying for their tactics- in the form of a large judgment against them."



