November 16, 2011

Kenneth Greenfield and Alexandra Selfridge prevailed at trial while representing the tenants in a case involving a breach of the Implied Warranty of Habitability by the landlords. The tenants moved into a La Jolla rental home in 2002. In 2006, the tenants discovered that the home was infested with mold, friable asbestos, and chronic water leakage from the exterior.

The tenants contended that the mold, asbestos, and moisture conditions contributed to the occupants’ constant illnesses, that the landlords had been aware of the conditions long before the home was rented to the tenants, and that the landlords refused and failed to remedy the situation when it was brought to their attention. The tenants contended that the landlords breached the lease agreement, and breached the Implied Warranty of Habitability. The landlords denied any breach.

The jury found that the landlords breached the lease agreement, committed negligence, and breached the Implied Warranty of Habitability. The Law Offices of Kenneth N. Greenfield obtained $200,000 in rent abatement damages for their clients.

The landlords’ request for a new trial and request for judgment notwithstanding the verdict were both denied. The tenants’ motion for attorney fees, request for costs, and request for prejudgment interest are currently pending