Fresno tenant alleges landlords breached contract

By Noddy A. Fernandez | Oct 3, 2017

FRESNO — A Fresno woman is suing property landlords, alleging breach of contract and unjust enrichment.

Janet Rodriguez filed a complaint Aug. 28 in Fresno County Superior Court against Ismael Nieto, Faviola Nieto, and Does 1 through 20, inclusive, alleging the defendants violated a contract agreement to comply with their obligation to maintain leased property under the terms of the Fresno Housing Department.

According to the complaint, in 2015 Rodriguez entered into a written contract for the lease of the defendants' property at 824 S. Plumas St., Fresno, for a term of one year with monthly payable rent. 

The suit says Rodriguez performed all her obligations by paying rent payments but says the property had terrible cockroach and mice infestations, threatening the health of her young family. She says she covered the expenses of pest control services with no reimbursement until she was suddenly thrown out of her home when she reported her conditions to the authorities. The complaint states the conditions forced Rodriguez to move her children out of the apartment although she left her dogs behind, returning to feed them. 

The plaintiff alleges the defendants ignored and refused to correct the infestations of the property, leaving the home unsanitary, failed to provide Rodriguez notice of entry and subsequently broke into the property and refused to reimburse the plaintiff the costs incurred for the infestation problems.

Rodriguez seeks trial by jury, general damages, return of all payments, punitive damages and costs of suit incurred. She is represented by attorney Brian K. Cuttone of Cuttone & Associates in Fresno.

Fresno County Superior Court case number 17CECG02934

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