Fresno tenant alleges property owners failed to provide habitable dwelling

By Noddy A. Fernandez | Dec 28, 2017

FRESNO — A tenant is suing Fresno property owners, citing alleged breach of covenant and a right to quiet enjoyment and possession of the property.

Steve Coleman filed a complaint Dec. 5 in Fresno County Superior Court against Michael Zuber and Does 1 through 50, alleging the defendants breached their duty to maintain the property in a habitable condition.

According to the complaint, between 2011 and 2017, Coleman lived in a unit of the defendants' property at 3969 Calwa Ave., Fresno. Coleman says the property substantially lacked the required conditions to make it habitable. The suit says on several occasions, the Fresno Housing Authority inspected the property and it failed certification inspections repeatedly. The lawsuit states the problems included leaks in the kitchen and bathroom, deteriorating paint and flooring and a non-working heater.

As a result Coleman says he could not safely reside in his apartment, suffered severe emotional distress and diminished value of his leasehold. 

The plaintiff alleges the defendants failed to adequately repair and abate the un-tenantable and substandard conditions at the property and failed and refused to relocate tenant as required by law.

Coleman seeks trial by jury, general, special, exemplary and punitive damages, rent abatement, attorney fees, costs of suit, and all other relief the court deems just and proper. He is represented by attorney Margaret A. Elder of Elder & Spencer LLP in Fresno.

Fresno County Superior Court case number 17CECG04180

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