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Tenant Sues Landlord Over Uninhabitable Conditions

NORTHERN CALIFORNIA RECORD

Tuesday, November 26, 2024

Tenant Sues Landlord Over Uninhabitable Conditions

State Court
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A San Francisco tenant has filed a lawsuit against her landlord, alleging severe neglect and fraudulent practices that left her living in uninhabitable conditions. On July 17, 2024, Dianne Alvarado lodged the complaint in the Superior Court of California, County of San Francisco, against Carlos E. Calderon and other unnamed defendants.

According to the court documents, Alvarado claims that she rented a property at 1840 Church Street from Calderon starting September 1, 2023. She agreed to pay $2,400 monthly for what she believed was a habitable dwelling. However, Alvarado alleges that the premises were plagued with significant habitability issues such as a defective heater and refrigerator, lack of necessary permits, and faulty plumbing systems. "These defects were severe and longstanding," states the complaint, which led to emotional distress and financial strain for Alvarado.

Alvarado further contends that Calderon knowingly concealed these defects at the time of the rental agreement. The complaint highlights an incident where Alvarado requested a written lease agreement to apply for rental assistance but was given the runaround by Calderon. It wasn't until August 2023 that she typed up an agreement herself after repeated requests went unanswered.

In January 2024, Alvarado notified Calderon that she would stop paying full rent due to the non-functional refrigerator forcing her to overspend on food delivery services. Although Calderon eventually replaced the fridge in February 2024, he demanded $2,400 in monthly rent along with late fees.

The situation escalated when the San Francisco Department of Buildings inspected Alvarado's home in March 2024 and deemed it an illegal dwelling unit built without proper permits or approved plans. This finding prompted Alvarado to move out immediately. A subsequent Notice of Violation issued by Building Inspector Avery Vos on April 16, 2024 confirmed these violations and mandated Calderon to either legalize or remove the illegal unit.

Alvarado accuses Calderon and his associates of violating multiple housing laws including California Civil Code §§1941.1 and California Health & Safety Code §§17920 et seq., as well as local housing codes. The lawsuit lists several causes of action: violations of San Francisco’s Tenant Protection Ordinance, negligence per se for failing to maintain habitable conditions, fraud for misrepresenting the condition of the property, constructive eviction due to unlivable conditions, and claims for exemplary damages due to willful misconduct.

The plaintiff seeks general damages according to proof for each cause of action; special damages including property damage; punitive damages; statutory damages; compensatory damages for emotional distress; restoration of unlawfully collected rents; incidental expenses; interest on losses incurred; attorney's fees pursuant to relevant statutes; costs of suit incurred; pre-judgment interest; statutory penalties; and any other relief deemed just by the court.

Representing Dianne Alvarado is attorney Broderick H. Brown from Broderick H. Brown Law Firm based in Oakland, California. 

The case is being overseen by Judge Laura Simmons under Case ID CGC-24-61691.

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