A San Francisco resident has filed a lawsuit against his landlords, alleging severe negligence and breach of contract that led to uninhabitable living conditions. Christopher Rodriguez filed the complaint in the Superior Court of California, County of San Francisco, on August 5, 2024, targeting Mission Bay Housing Partners L.P. and Related Management Company L.P.
According to the complaint, Rodriguez entered into a lease agreement with Mission Bay Housing and Related Management on February 2, 2021, for a unit at 420 Berry Street in San Francisco. The monthly rent was set at $1,052.00. However, soon after moving in, Rodriguez discovered numerous habitability issues including excessive dampness leading to mold growth, unsanitary conditions, continuous flooding, and deteriorating air quality. Despite multiple reports to the defendants about these issues during his tenancy, no substantive actions were taken to address them.
The situation escalated when the Department of Building Inspection for the City and County of San Francisco conducted an inspection on March 27, 2023. The inspection revealed several violations of the San Francisco Housing Code including mold/mildew on ceilings and damaged walls that needed repair. Rodriguez alleges that the defendants had both actual and constructive notice of these hazardous conditions but failed to act accordingly.
Rodriguez's lawsuit accuses Mission Bay Housing Partners L.P., Related Management Company L.P., and unnamed defendants (DOES 1 through 50) of negligence for failing to maintain safe living conditions as required by state law and local codes. The complaint also includes claims for breach of contract due to the failure to provide a habitable residence as implied in every lease under California law. Additionally, it alleges breaches of implied warranty of habitability and quiet enjoyment.
"Defendants knew or reasonably should have known that failing to keep the Premises in a safe and sanitary condition would result in injury and damage," states Rodriguez's complaint. He argues that their neglect resulted in severe bodily injury, pain and suffering, loss of use and enjoyment of his rental unit, mental suffering, emotional distress, inconvenience, anxiety, and humiliation.
Rodriguez is seeking compensatory damages according to proof presented at trial along with general damages for emotional distress caused by the alleged negligence. He also demands special damages related to out-of-pocket expenses incurred due to uninhabitable living conditions as well as attorneys' fees and costs associated with bringing this lawsuit forward.
The case is being handled by attorneys Patrick W. McManus (SBN 312290) and Armin M. Kolenovic (SBN 315634) from McManus Kolenovic PC based in San Diego. The case ID is CGC-24-617038.