A tenant in San Francisco has filed a lawsuit against his landlords and property management company, alleging severe neglect and retaliation that rendered his apartment uninhabitable. Evan Weidner lodged the complaint on August 12, 2024, in the Superior Court of California, County of San Francisco, against Robert Chiang, Lori Chiang, and KeyOpp Property Management.
According to the complaint, Weidner rented an apartment at 2315 Mission St., Apt. 204 in February 2022. He alleges that despite assurances from KeyOpp Property Management that the unit was safe and habitable, he encountered numerous habitability issues soon after moving in. These included chronic water intrusions, poor air quality due to mildew growths, plumbing problems, and an overall putrid stench that made the apartment unbearable to live in. Weidner claims these conditions forced him to seek refuge with friends and family and eventually led him to find alternative housing altogether.
Weidner's complaint outlines multiple causes of action including negligent breach of implied warranty of habitability, intentional breach of implied warranty of habitability, statutory breach of implied warranty of habitability under Civil Code Section 1941.1 et seq., breach of covenant of quiet enjoyment, breach of implied covenant of good faith and fair dealing, private nuisance under Civil Code Sections 3479, 3481, and 3501 et seq., and retaliation in violation of Civil Code Section 1942.5(a). The plaintiff asserts that both Robert Chiang and Lori Chiang had non-delegable duties as co-owners to ensure the apartments were habitable but failed to do so either directly or through their agents at KeyOpp Property Management.
The plaintiff further alleges that his health deteriorated significantly due to the uninhabitable conditions which included elevated moisture levels leading to mold growths. This resulted in severe respiratory issues that incapacitated him from working full-time or engaging in regular activities like martial arts training. Weidner contends that despite repeated requests for repairs over two years, the defendants either ignored or delayed addressing these issues.
Weidner is seeking general damages for physical injury and emotional distress caused by living conditions; special damages for loss of income due to illness; compensatory damages for out-of-pocket expenses including medical bills; punitive damages for what he describes as malicious conduct by the defendants; statutory damages as allowed by law; attorneys' fees; costs associated with filing the suit; and any other relief deemed just by the court.
Representing Weidner is attorney Danielle Gilliland from Hayward-based Law Office of Danielle Gilliland. The case has been assigned Case No.: CGC-24-617185 with Judge Austin Lam presiding over initial proceedings.