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NORTHERN CALIFORNIA RECORD

Thursday, October 31, 2024

Tenants Allege Landlords Negligence: Breach of Contract & Habitability

State Court
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In a dramatic legal move, three residents of San Francisco have filed a lawsuit against their landlords, alleging severe negligence and multiple breaches of contract. On October 15, 2024, Tiffany Perkins, Demian Williams, and Xavier Williams lodged their complaint in the Superior Court of California, County of San Francisco, targeting Markelova Guldzhan, also known as Markel Guldzhan, Joane Markelova, and other unnamed defendants.

The plaintiffs accuse the defendants of failing to maintain a habitable living environment at their rental property located at 53 Castillo Street in San Francisco. According to the complaint filed by Miller Injury Attorneys on behalf of the plaintiffs, the property suffered from numerous defects including water intrusion, plumbing leaks, electrical issues, and uncontained lead-based paint. The plaintiffs allege that these conditions were not disclosed to them when they moved in and persisted despite repeated requests for repairs. The lawsuit claims that these issues not only violated the lease agreement but also breached the implied warranty of habitability and various health and safety codes.

Tiffany Perkins entered into a lease agreement with the defendants under the assumption that her family would enjoy a safe and habitable living space. However, she claims that the property was anything but safe. "The Subject Property was unfit for human occupation," states one section of the complaint. Despite notifying the landlords about these dangerous conditions and requesting repairs multiple times since February 2023, no adequate action was taken. As a result of this alleged negligence, Perkins and her children have suffered physical injuries and emotional distress.

The lawsuit further accuses the landlords of violating several sections of California Civil Code related to tenant rights and habitability standards. It highlights specific failures such as inadequate waterproofing and weather protection for roofs and walls, improper maintenance leading to dampness in rooms, infestations by pests like dust mites due to unsanitary conditions—conditions that allegedly made life unbearable for the tenants.

In addition to seeking general damages for personal injuries sustained due to negligence—including physical pain as well as mental anguish—the plaintiffs are demanding compensation for loss of earnings capacity due to their disrupted lives caused by these uninhabitable conditions. They also seek reimbursement for rent paid during this period when basic housing standards were not met.

Represented by John C. Miller Jr., from Miller Injury Attorneys—a firm specializing in personal injury cases—the plaintiffs are asking for special damages exceeding court jurisdiction limits along with statutory damages under relevant civil codes protecting tenant rights within San Francisco's jurisdictional framework (SF Admin Code Section 37). They also demand triple damages specifically concerning mental anguish endured because they believe there was reckless disregard shown towards them by those responsible parties involved here today before us all now gathered together seeking justice served rightly so!

Judge Sahar Enayati has been assigned this case bearing ID CGC-24-618986.

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