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.
Up In Smoke: Insurer Sues Landlord For Failure to Obtain Liability Insurance from Tenant
Author: Samuel Frasher | September 11, 2023 2:28pm
Liability insurance coverage disputes often evolve out of the insurer’s duty to defend the policyholder from suits within the coverage promised by the insurance contract. When the duty to defend is triggered, the insurer is burdened with the contractual duty to assume control of the...
You’re It: California Federal Court Tags Insurer to Defend in Habitability Case
Author: Samuel Frasher | July 14, 2023 1:00pm
A California federal court has ruled a California insurer must defend a habitability lawsuit based on potential coverage under the insurer’s commercial general liability policies. In Associated Industries Insurance Co. Inc. v. Ategrity Specialty Insurance Co...
“Wear and Tear”? in NY, Absent Clear Language, Insurer Beware!
Author: John A. Anselmo | April 10, 2023 12:21pm
A boutique New York hotel entered an agreement to operate as a homeless shelter for three years. After the end of the agreement, the hotel discovered significant damage to the premises and sought insurance coverage for damage sustained during that time...
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...