Campbell v. DiSabatino

BERGER, Justice.

In this appeal we are asked to decide whether tenants, who allegedly suffered damages from mold in a rental home, must have a “standard of care” expert to establish landlord’s breach of duty. The trial court granted landlord’s motion for summary judgment based on that premise. We agree that landlord was entitled to summary judgment, but for a different reason — the tenants failed to provide expert evidence as to the cause of the mold. A landlord has no duty to remediate mold created by the tenants’ conduct or possessions. Here, tenants failed to provide competent evidence that…