Court Awards Expert Fees to Landlord for Defense of Mold Claim

CONCORD, N.H. - New Hampshire's high court has ordered a trial court that ruled for the landlord in a nonpayment dispute to award reasonable attorneys' fees and expert witness costs for the landlord's successful defense of a mold counterclaim by the tenant. <i.Tulley v. Sheldon, et al., No. 2008-456 (N.H. Sup. Ct.).

The high court said Sept. 18 in reversing the decision by the Derry District Court that the lower court erred in ruling that the lease agreement did not provide for costs associated with expert witnesses.

In January 2006, Dennis and Patricia Tulley agreed to lease their condominium unit …