Defending Landlords Against Habitability Counterclaims and Mold Injury Suits: Reading the Sampling Report and Capping Exposure

Alexander P. Johnson
Alexander P. Johnson
Alexander Patrick Johnson PLLC

Alexander P. Johnson is an eviction attorney in Fort Lauderdale whose firm, Alexander Patrick Johnson PLLC, serves Broward, Miami-Dade, and Palm Beach Counties.

Edwin N. Schwartz
Edwin N. Schwartz
Tressler LLP

Edwin N. Schwartz is the Managing Partner of Tressler LLP's San Diego office, where he handles real estate, business, and employment matters across California.

Live Video-Broadcast: November 11, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

A Habitability Counterclaim Is Won or Lost on the Report and the Notice Record

Habitability claims rarely arrive alone. Mold allegations come packaged with pests, plumbing failures, structural issues, and overcrowding, often as a counterclaim in an eviction for unpaid rent. The tenant's sampling report is offered to prove more than it can on its own. New written-notice statutes and Maryland's assessment and remediation clocks are changing what owners and managers must document.

Skip the moisture source, and the spore counts go unchallenged. Overlook the vendor invoices, and a record like the one in Willow Oaks Apartments v. Urbina can shape the notice fight. Let a summary-possession case become discovery for a personal-injury suit, and the arrears are the least of the exposure. Tender on the mold theory alone, and fungi and pollution exclusions come into play.

Attendees walk out with an annotated tenant report, a defect checklist, a model defense inspection and sampling protocol request, a notice-timeline template, an abatement exposure worksheet, and a decision tree for severing, settling, or tendering. It is practitioner judgment on defending owners and managers, including those without insurance, from intake through trial.

Key topics to be discussed:

  • Anatomy of a Mold Claim
    How mold allegations are packaged with pests, plumbing, and structural claims, and how that mix drives abatement and injury exposure.
  • Reading the Sampling Report
    How moisture source documentation, outdoor-control matching, genus lumping, and dust-test limits expose defects in the tenant's report.
  • Experts and Exclusion
    How to retain a defense industrial hygienist, depose the tenant's inspector, and turn report defects into motions to exclude and in limine.
  • Intake Triage
    How to separate rent-leverage counterclaims from genuine injury claims and keep a summary-possession case from becoming a discovery vehicle.
  • Notice Records and Abatement
    How work orders, portal tickets, and vendor invoices build the notice record, and how abatement exposure weighs against arrears.
  • Insurance Tender
    How to build a tender around non-mold theories and respond to fungi and pollution exclusions and carrier declaratory judgment actions.

This course is co-sponsored with myLawCLE.

Date / Time: November 11, 2026

  • 2:30 pm – 4:40 pm Eastern
  • 1:30 pm – 3:40 pm Central
  • 12:30 pm – 2:40 pm Mountain
  • 11:30 am – 1:40 pm Pacific

Closed-captioning available

Speakers

Alexander P. Johnson, Attorney | Alexander Patrick Johnson PLLC

Alexander P. Johnson is an eviction attorney in Fort Lauderdale whose firm, Alexander Patrick Johnson PLLC, serves Broward, Miami-Dade, and Palm Beach Counties. His practice is limited to Florida real property and landlord-tenant law, including landlord-tenant disputes, real property litigation, deposit disputes, closings, title insurance, trust formation, and mortgage foreclosures. He is especially well suited to this program: 37 years of practice centered on evictions, 250 articles on landlord-tenant law, and courses taught on Florida residential evictions, bringing the day-to-day perspective of a practitioner whose work centers on landlord-tenant disputes.

  • Education & Credentials

Mr. Johnson earned his Juris Doctor from DePaul University College of Law in Chicago, Illinois, in 1989. His practice is limited to Florida real property and landlord-tenant law.

  • Recognition & Leadership

In 1995, the South East Chicago Commission gave Mr. Johnson its Special Services Award, presented each year to one public service attorney at the University of Chicago. He moderates the Florida Landlord Tenant Blog, a searchable digest of hundreds of Florida landlord-tenant court decisions.

  • Professional Involvement

Mr. Johnson is a member of the Real Property Probate and Trust Law Section of The Florida Bar and the Real Property Section of the Broward County Bar Association. He volunteers as a pro bono attorney for Broward Lawyers Care and for the Disaster Legal Services Program run through the ABA, FEMA, and The Florida Bar. For Lorman Education, he has taught Fundamentals of Florida Residential Evictions (2016), Evictions: Residential and Commercial in Florida (2013), and Landlord-Tenant Law (2007).

  • Experience

Mr. Johnson began his career as Assistant Corporation Counsel in the City of Chicago’s Department of Law, working in Special Prosecutions, Zoning, Building and Housing, and Municipal Prosecutions. His firm was established in Fort Lauderdale in 1996, and he has written 250 articles on landlord-tenant law. He has spoken on Florida residential landlord-tenant law to the Fort Lauderdale Rotary Club and on changes to the Florida residential landlord-tenant statute to the Real Estate & Business Network.

 

Edwin N. Schwartz, Partner | Tressler LLP

Edwin N. Schwartz is the Managing Partner of Tressler LLP’s San Diego office, where he handles real estate, business, and employment matters across California. His practice centers on insurance defense, including landlord-tenant habitability claims, premises liability, commercial tenant claims, employment matters, personal injury, wrongful death, trade secrets theft, and general civil litigation. He is especially well suited to this program: insurance defense of landlord-tenant habitability claims, trial work in residential habitability cases, and training at the Gerry Spence Trial Lawyers College, bringing the perspective of an insurance defense trial lawyer.

  • Education & Credentials

Mr. Schwartz earned his J.D., cum laude, from California Western School of Law in 2013 and his B.S. from the University of Southern California in 1992. He was admitted to the California bar in 2013 and is admitted before the U.S. District Courts for the Central, Southern, and Northern Districts of California. In law school, he received American Jurisprudence awards in Business Planning, Workers’ Compensation, Negotiation, and Advanced Mediation, along with an Area of Concentration award, with honors, in Labor and Employment law.

  • Recognition & Leadership

Mr. Schwartz was named a Super Lawyers Rising Star from 2018 to 2023. He received the Andrea L. Johnson Business Law Award and the Advanced Mediation Award, and he is a graduate of the Gerry Spence Trial Lawyers College.

  • Professional Involvement

Mr. Schwartz is a member of the Los Angeles County Bar Association and an alumnus of the Louis Welsh Inn of Court. During law school, he externed for the Honorable Peter C. Lewis, a Federal Magistrate Judge for the Southern District of California.

  • Experience

At trial, Mr. Schwartz successfully defended a $6 million federal trade secrets crossclaim, and he has both prosecuted and defended residential habitability cases, business contract disputes, and civil battery cases. Before law school, he worked for BMW, Lexus, and the Penske Automotive Group, earning national recognition in sales and sales management, and for several start-ups, two of which were later acquired by Symantec and Google.

Agenda

SESSION 1 – Where a Tenant’s Mold Sampling Report Fails: Moisture Evidence, Spore Comparisons and the Defense Case Built Around Them | Edwin N. Schwartz | 2:30pm – 3:30pm

This session walks through a tenant’s residential mold sampling report from the defense chair and follows it through the life of a habitability case. Attorneys will learn how mold allegations are packaged with other habitability claims, how to document the moisture source and spot outdoor-control, genus-level and dust-test defects in the tenant’s report, how to use the report in discovery and expert strategy, and how to turn its defects into exclusion motions, cross-examination and damages limits at trial. Attendees will leave with an annotated tenant report, a defect checklist, and a model defense inspection and sampling protocol request.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Defending Landlords in Habitability Counterclaims: Notice Records, Eviction Strategy and Insurance Coverage | Alexander P. Johnson | 3:40pm – 4:40pm

This session takes a residential habitability counterclaim from intake to disposition from the owner’s and manager’s side. Attorneys will learn how to separate rent-leverage counterclaims from genuine injury claims, how to build the notice record from maintenance and vendor data under the new written-notice statutes, how to weigh abatement exposure against arrears and choose between severing, settling inside the eviction or facing a separate suit, and how to tender to insurers in light of fungi and pollution exclusions. Attendees will leave with a notice-timeline template, an abatement exposure worksheet, and a decision tree for severing, settling or tendering.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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