Amended Complaint- District of Columbia

IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

PERSONA,

                             Plaintiff,

v.

PERSONA.

                           Defendant.

Case No.: ______

AMENDED COMPLAINT

 

COMES NOW, Plaintiff, PERSONA , pro se, files this Amended Complaint against the Defendant and alleges the following on information and belief:

JURISDICTION AND VENUE

  1. This court has subject matter jurisdiction over the claims herein pursuant to D.C. Code sec. 11-921 in that the agreement at issue was executed and performed in the District of Columbia. Defendant is a corporation created in the District of Columbia under the laws of the District of Columbia with its place of business in the District of Columbia, and the property at issue is located in the District of Columbia. 
  2. Venue is proper in the District of Columbia because the Defendant is incorporated in the District of Columbia; and this action relates to Defendants’ activities within the District of Columbia.

PARTIES

  1. Plaintiff PERSONA is a resident of Washington DC, and is presently a co-operative owner and member of Defendant. 
  2. Defendant is a corporation created under the laws of the District of Columbia to own and manage as a cooperative association the property located at ____________ 

FACTS COMMON TO ALL CAUSES OF ACTION

  1. Plaintiff is a stock-holder and member of the Defendant’s Corporation. On or about November 1, 2018, Plaintiff entered an Occupancy Agreement with the Defendant. (See the Occupancy Agreement). 
  2. However, after Plaintiff began living at the property of address ______________ the property started developing problems. Notably, the ceiling was moist, water leaked from the bathroom vent (when it rained, water leaked through the ceiling above the toilet and dripped on the floor and bathroom), black water stains appeared to be leaking from the bathroom ceiling; there were animal sounds and movements in the ceiling, and there was foul odor. (See Photos of the condition of the Property ). (See Letter of, Plaintiff’s mother). There were also cracks on the ceiling. Further, the Plaintiff’s children had been exposed to bugs that bit them, as a result of the condition of the house. For instance, on or about July 6, 2020, the Plaintiff’s daughter was bitten by the bugs and developed an allergic reaction. She had to be taken to the ER. (See Plaintiff’s Email to Defendants- July 6, 2020). The bugs caused further harm and/or damage on Plaintiff’s clothes and furniture. It is also worth noting that the smoke detectors at the premises were not functional, which further predisposed the Plaintiff and her family to life hazards and/or risks. (See Plaintiff’s Email to Defendants- May 24, 2021). It is also worth noting that the area around the property is also prone to incidences of insecurity. For instance, Plaintiff’s car bears gunshot damage. (See Photo showing the damage on Plaintiff’s car). 
  3. Plaintiff had earlier notified the Property Manager, but the aforesaid issues remained not addressed. For instance, Plaintiff repeatedly made requests for an exterminator to deal with the bugs. However, Defendant failed to the Plaintiff’ request. Further, when Plaintiff requested for a copy of the Defendant’s By-laws that were missing from the ones she was given when she moved in, but the officers of the Defendant failed to grant Plaintiff the By-laws. 
  4. On or about October 29, 2021, Plaintiff filed a Complaint against the Defendant alleging that the Defendant failed to maintain common areas of the premises. (See Plaintiff’s Complaint). Accordingly, Plaintiff alleged losses and/or harm suffered including water damage. Further, as a result of Defendant’s actions and/or inactions, the value of Plaintiff’s property declined, to Plaintiff’s detriment. In that regard, Plaintiff alleged the following causes of action: breach of contract, breach of fiduciary duty, negligence, breach of quiet enjoyment, constructive eviction, breach of implied warranty of habitability, intentional infliction of emotional distress, and negligent infliction of emotion distress. 
  5. On or about December 20, 2021, Defendant wrote Plaintiff seeking Plaintiff’s position regarding the relief Defendant intended to request in the Motion to Dismiss. Plaintiff denied the relief and indicated that she would oppose the said Motion.  
  6. On or about December 28, 2021, Defendant filed a Motion to Dismiss the Plaintiff’s Complaint. (See Defendant’s Motion to Dismiss Plaintiff’s Complaint).  
  7. Plaintiff filed a Response in Opposition to the said Motion to Dismiss, upon which the matter was heard in Court on January 28, 2022. (See Plaintiff’s Response to Defendant’s Motion to Dismiss Plaintiff’s Complaint).  
  8. On January 31, 2022, the Court issued an Order partially granting the Defendant’s Motion to Dismiss. (See The Court Order issued on January 31, 2022). The Court dismissed with prejudice, Plaintiff’s Breach of Fiduciary Duty and Breach of Implied Warranty of Habitability claims. All the other claims were dismissed without prejudice and Plaintiff was Ordered to file an Amended Complaint within 60 days. 
  9. Plaintiff hereby files this Amended Complaint. 

FIRST CAUSE OF ACTION

BREACH OF CONTRACT

  1. The allegations set forth in paragraphs 1 through 14 are re-alleged and incorporated herein by reference.
  2. There was a contract entered between the Plaintiff and the Defendant. This contract created obligations for the Defendant. Article 9 of the Agreement, for instance, stated that Defendant will “provide necessary management, operation, and administration of the project”. (See the Occupancy Agreement). 
  3. Defendant breached the said obligation(s) by failing to effect repairs on Plaintiff’s house. Plaintiff has attached an inspection report of the premises. The inspection done on February 27, 2022 by Certified Termite and Home Inspection Co. (See the Inspection Report). The report revealed several concerns, which include:
  1. There is evidence of moisture penetration at the ceiling. (Inspection Report, p. 4). 
  2. There is also evidence of moisture and fungus present on the walls. (Inspection Report, p. 4).  
  3. There are rotten wood and excessive amounts of peeling throughout. (Inspection Report, p. 5).
  4. The windows need to be adjusted to open, close, and lock securely. The windows also need to be properly caulked and sealed. (Inspection Report, p. 6).
  5. The AC needs servicing and cleaning by a licensed HVAC contractor. (Inspection Report, p. 6).
  6. There are excessive amounts of dust and debris throughout duct work of the heating system. There are also excessive signs of deferred maintenance at the unit. (Inspection Report, p. 7).
  7. The water heater has exceeded its design life. (Inspection Report, p. 8).
  8. There is a need to install pressure release extension at water heater. (Inspection Report, p. 8).
  9. There are signs of moisture penetration at the closet. (Inspection Report, p. 9).
  10. The drywall tape at the closet is pulling away at ceilings. (Inspection Report, p. 10).
  11. The floor at the living room shows excessive settlement. They are also not leveled throughout. (Inspection Report, p. 11).
  12. The ceiling at the living room shows settlement cracks present. There is also evidence of moisture penetration. Further, the ceilings appear un-level throughout. (Inspection Report, p. 12).
  13. At the kitchen, there is a need to install anti tip bracket on stove; to replace missing refrigerator handles. Settlement also appears on the ceiling. (Inspection Report, p. 12).
  14. At the bedroom, there is excessive settlement, damaged ceilings and walls. (Inspection Report, p. 13). The ceiling at the bedroom also shows settlement cracks. There is also evidence of moisture penetration. (Inspection Report, p. 14). The floor and ceiling show excessive settlement and they appear to be not leveled throughout. The closet doors also need to be placed on track. (Inspection Report, p. 16). 
  15. At the bathroom, there is a need to properly glaze tub to prevent peeling, and to properly caulk and seal the tub area. (Inspection Report, p. 17).
  16. At the outbuilding/shed, there is evidence of moisture penetration at the ceiling, and rear outbuilding walls. There are also signs of fungus and mold on the rear outbuilding walls. (Inspection Report, p. 18).

 

  1. Plaintiff suffered as a result of the Defendant’s inaction. Notably, there is an extensive damages on Plaintiff’s clothes and furniture. Plaintiff has to withstand water leaking from her ceiling, foul odor from the property, and itchy scalp from the bugs that dropped on Plaintiff’s hair (and that of her children). For instance, on or about July 6, 2020, the Plaintiff’s daughter was bitten by the bugs and developed an allergic reaction. She had to be taken to the ER. (See Plaintiff’s Email to Defendants- July 6, 2020).
  2. Plaintiff is prohibited from making repairs on the premises by herself. 
  3. Defendant’s failure to make the repairs will expose Plaintiff and her family to further harm.

SECOND CAUSE OF ACTION

NEGLIGENCE

  1. The allegations set forth in paragraphs 1 through 19 are re-alleged and incorporated herein by reference.
  2. The Defendant has a duty towards the Plaintiff. 
  3. First, the mission statement of the Defendant raises several obligations of the Defendant. Notably, the mission statement provides thus: “to maintain buildings and property that are safe, secure, accessible, and affordable; to upgrade when necessary the existing units, buildings/building systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement, p.1). The mission also provides that the Defendant shall “improve the quality of the business operation”. Id. Further, the Defendant commits itself to “respond to concerns of staff and members and deal with them in a reasonable time frame”. Id. 
  4. The Defendant’s vision statement also states thus: “we believe that all members should be treated with respect”. (See Defendant’s Mission, Vision, and Value Statement, p.1). Defendant further states the following in their vision statement “we will exercise honesty and integrity in all relationships with members, employees and community.” Id. Interestingly, the value statement proceeds to state “we believe that a healthy environment is crucial to sustaining the quality of our lives and community.” Id. 
  5. Defendant breached the said obligation(s) by failing to consider the Plaintiff’s concerns in the premises, and failure to make repairs. The Defendant has also failed to maintain the property in good condition. 
  6. As a result of the Defendant’s inaction, Plaintiff suffered damage(s). For instance, there was water damage, and extensive damages on Plaintiff’s clothes and furniture. Besides, Plaintiff had to withstand water leaking from her ceiling, foul odor from the property, and itchy scalp from the bugs that dropped on Plaintiff’s hair (and that of her children). The value of the property is also reduced as a result of the condition of the property. 

 

THIRD CAUSE OF ACTION

BREACH OF QUIET ENJOYMENT

  1. The allegations set forth in paragraphs 1 through 25 are re-alleged and incorporated herein by reference.
  2. Under Article 6 of the Occupation Agreement, the Defendant committed to ensure the Plaintiff has peaceful possession of the property. 
  3.  The Defendant disturbed Plaintiff’s quiet enjoyment of the property by failing to address the issues in Plaintiff’s property, and failing to maintain the common areas in good condition. Plaintiff had complained that the ceiling was moist, water leaked from the bathroom vent (when it rained, water leaked through the ceiling above the toilet and dripped on the floor and bathroom), black water stains appeared to be leaking from the bathroom ceiling; there were animal sounds and movements in the ceiling, and there was foul odor. Accordingly, as a result of the condition of the house, the Plaintiff’s children have been exposed to bugs that bit them, as a result of the condition of the house. The bugs have caused further harm and/or damage on Plaintiff’s clothes and furniture. Plaintiff has also been subjected to emotional distress and was caused to incur medical expenses. 

FOURTH CAUSE OF ACTION

CONSTRUCTIVE EVICTION

  1. The allegations set forth in paragraphs 1 through 28 are re-alleged and incorporated herein by reference.
  2. There is a physical disturbance on the premises. This situation has affected Plaintiff’s enjoyment of possession. Notably, Defendant failed to address the issues in Plaintiff’s property. The ceiling is moist, water leaks from the bathroom vent (when it rains, water leaks through the ceiling above the toilet and drips on the floor and bathroom), black water stains appear to be leaking from the bathroom ceiling; there are animal sounds and movements in the ceiling, and there is foul odor. Accordingly, as a result of the condition of the house, the Plaintiff’s children have been exposed to bugs that bit them, causing itchy scalps. The bugs have also caused further harm and/or damage on Plaintiff’s clothes and furniture. Plaintiff notes that on or about July 6, 2020, for instance, the Plaintiff’s daughter was bitten by the bugs and developed an allergic reaction. She had to be taken to the ER. (See Plaintiff’s Email to Defendants- July 6, 2020). Plaintiff has also been subjected to emotional distress and was caused to incur medical expenses.

FIFTH CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

  1. The allegations set forth in paragraphs 1 through 30 are re-alleged and incorporated herein by reference.
  2. The Defendant’s failure to attend to the issues at Plaintiff’s property is conduct that is beyond all possible bounds of decency. Plaintiff avers that:
  1. Defendant failed to maintain the common areas of the property: and
  2. Defendant failed to repair the damaged areas in the property. 
  1. The aforesaid conduct was extreme and unusual because Defendant had been obliged to maintain buildings and property that are safe, secure, accessible, and affordable; to upgrade when necessary the existing units, buildings/building systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement, p.1). Further, the Defendant was expected to provide quiet enjoyment of the Plaintiff’s property. Plaintiff had also presented concerns about the state of the property and the effects it had on Plaintiff and her family, yet Defendant failed to act accordingly.
  2. It follows; Defendant intentionally refused and/or delayed from addressing Plaintiff’s genuine and life threatening issues, thus leading to Plaintiff’s injuries and/or harm.  Notably, Plaintiff’s children were bitten by bugs. Her daughter had developed an allergic reaction in that regard, and had to be rushed to the ER. Further, the mold and odor from the leaking ceiling posed health risks to Plaintiff and her family. The malfunctioning smoke detecting apparatus also posed serious threat of fire to Plaintiff’s house. Plaintiff had to undergo stress and depression, and was put under medication.  

SIXTH CAUSE OF ACTION

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

  1. The allegations set forth in paragraphs 1 through 34 are re-alleged and incorporated herein by reference.
  2. Plaintiff had entered an Occupancy Agreement with the Defendant. (See the Occupancy Agreement). The said Agreement placed obligations on the Defendant. For example, Article 9 of the Agreement, for instance, stated that Defendant will “provide necessary management, operation, and administration of the project”. Id. The Defendant’s mission statement also provides thus: “to maintain buildings and property that are safe, secure, accessible, and affordable; to upgrade when necessary the existing units, buildings/building systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement, p.1). Accordingly, Plaintiff reasonably expected Defendant to honor and/or keep its obligations. 
  3. It follows; therefore, the Defendant’s failure to attend to the issues at Plaintiff’s property is conduct that is beyond all possible bounds of decency. Plaintiff avers that:
  1. Defendant failed to maintain the common areas of the property: and
  2. Defendant failed to repair the damaged areas in the property. 
  1. The aforesaid conduct was extreme and unusual because Defendant had been obliged to maintain buildings and property that are safe, secure, accessible, and affordable; to upgrade when necessary the existing units, buildings/building systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement, p.1). Further, the Defendant was expected to provide quiet enjoyment of the Plaintiff’s property. Plaintiff had also presented concerns about the state of the property and the effects it had on Plaintiff and her family, yet Defendant failed to act accordingly.
  2. The Defendant intentionally refused and/or delayed from addressing Plaintiff’s genuine and life threatening issues, thus leading to Plaintiff’s injuries and/or harm.  Notably, Plaintiff’s children were bitten by bugs. Her daughter had developed an allergic reaction in that regard, and had to be rushed to the ER. Further, the mold and odor from the leaking ceiling posed health risks to Plaintiff and her family. The malfunctioning smoke detecting apparatus also posed serious threat of fire to Plaintiff’s house. Plaintiff had to undergo stress and depression, and was put under medication.  

SEVENTH CAUSE OF ACTION

BREACH OF IMPLIED WARRANTY OF GOOD FAITH AND FAIR DEALING

  1. The allegations set forth in paragraphs 1 through 39 are re-alleged and incorporated herein by reference.
  2. In every business relationship, there is an implied promise of good faith and fair dealing. This implied promise means that each party will not do anything to unfairly interfere with the right of any other party to receive the benefits of the business relationship.
  3. In the instant action, there was a valid contract between the Plaintiff and the Defendant. The contract contained provisions and/or terms that governed the relations between the parties. Therefore, the Defendant is bound by the implied warranty of good faith and fair dealing.
  4. The Defendant breached the said implied duty by:
  1. Failing to provide financial records and/or documents to Plaintiff for review; and
  2. Failing to disclose to Plaintiff information about Plaintiff’s equity shares.
  1. The said Defendants’ conducts add to the list of Defendant’s breaches, which subjected Plaintiff to the aforesaid injuries. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against the Defendants in the amount of $500,000 and specific performance of the Agreement, plus punitive damages costs of attorney’s fees as permitted by law in an amount to be determined, and any uch other relief, as this Court deems just and equitable.

 

                                                                                         

 

CERTIFICATE OF SERVICE

I hereby certify that on [ENTER DATE], copies of the foregoing document have been sent to the Defendant in the following address:

 

[ENTER DEFENDANTS’ ADDRESSES]

 

DATED:     

   

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IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION
MONIQUE HEADLEY,                              Plaintiff, v. SECOND NORTHWEST COOPERATIVE HOMES ASSOCIATION,  INC.                            Defendant. Case No.: 2021 CA  003966 B AMENDED COMPLAINT
  COMES NOW, Plaintiff, MONIQUE HEADLEY, pro se, files this Amended Complaint against the Defendant and alleges the following on information and belief:

JURISDICTION AND VENUE

  1. This court has subject matter jurisdiction over the claims herein pursuant to D.C. Code sec. 11-921 in that the agreement at issue was executed and performed in the District of Columbia. Defendant is a corporation created in the District of Columbia under the laws of the District of Columbia with its place of business in the District of Columbia, and the property at issue is located in the District of Columbia. 
  2. Venue is proper in the District of Columbia because the Defendant is incorporated in the District of Columbia; and this action relates to Defendants’ activities within the District of Columbia.
PARTIES
  1. Plaintiff MONIQUE HEADLEY is a resident of Washington DC, and is presently a co-operative owner and member of Defendant. 
  2. Defendant is a corporation created under the laws of the District of Columbia to own and manage as a cooperative association the property located at 1323 5th Street, NW, Washington D.C. 2001. 
FACTS COMMON TO ALL CAUSES OF ACTION
  1. Plaintiff is a stock-holder and member of the Defendant’s Corporation. On or about November 1, 2018, Plaintiff entered an Occupancy Agreement with the Defendant. (See the Occupancy Agreement). 
  2. However, after Plaintiff began living at the property of address 1323 5th Street, Apartment 301 Washington, DC NW 20001, the property started developing problems. Notably, the ceiling was moist, water leaked from the bathroom vent (when it rained, water leaked through the ceiling above the toilet and dripped on the floor and bathroom), black water stains appeared to be leaking from the bathroom ceiling; there were animal sounds and movements in the ceiling, and there was foul odor. (See Photos of the condition of the Property ). (See Letter of Darlene Johnson, Plaintiff’s mother). There were also cracks on the ceiling. Further, the Plaintiff’s children had been exposed to bugs that bit them, as a result of the condition of the house. For instance, on or about July 6, 2020, the Plaintiff’s daughter was bitten by the bugs and developed an allergic reaction. She had to be taken to the ER. (See Plaintiff’s Email to Defendants- July 6, 2020). The bugs caused further harm and/or damage on Plaintiff’s clothes and furniture. It is also worth noting that the smoke detectors at the premises were not functional, which further predisposed the Plaintiff and her family to life hazards and/or risks. (See Plaintiff’s Email to Defendants- May 24, 2021). It is also worth noting that the area around the property is also prone to incidences of insecurity. For instance, Plaintiff’s car bears gunshot damage. (See Photo showing the damage on Plaintiff’s car). 
  3. Plaintiff had earlier notified the Property Manager, but the aforesaid issues remained not addressed. For instance, Plaintiff repeatedly made requests for an exterminator to deal with the bugs. However, Defendant failed to the Plaintiff’ request. Further, when Plaintiff requested for a copy of the Defendant’s By-laws that were missing from the ones she was given when she moved in, but the officers of the Defendant failed to grant Plaintiff the By-laws. 
  4. On or about October 29, 2021, Plaintiff filed a Complaint against the Defendant alleging that the Defendant failed to maintain common areas of the premises. (See Plaintiff’s Complaint). Accordingly, Plaintiff alleged losses and/or harm suffered including water damage. Further, as a result of Defendant’s actions and/or inactions, the value of Plaintiff’s property declined, to Plaintiff’s detriment. In that regard, Plaintiff alleged the following causes of action: breach of contract, breach of fiduciary duty, negligence, breach of quiet enjoyment, constructive eviction, breach of implied warranty of habitability, intentional infliction of emotional distress, and negligent infliction of emotion distress. 
  5. On or about December 20, 2021, Defendant wrote Plaintiff seeking Plaintiff’s position regarding the relief Defendant intended to request in the Motion to Dismiss. Plaintiff denied the relief and indicated that she would oppose the said Motion.  
  6. On or about December 28, 2021, Defendant filed a Motion to Dismiss the Plaintiff’s Complaint. (See Defendant’s Motion to Dismiss Plaintiff’s Complaint).  
  7. Plaintiff filed a Response in Opposition to the said Motion to Dismiss, upon which the matter was heard in Court on January 28, 2022. (See Plaintiff’s Response to Defendant’s Motion to Dismiss Plaintiff’s Complaint).  
  8. On January 31, 2022, the Court issued an Order partially granting the Defendant’s Motion to Dismiss. (See The Court Order issued on January 31, 2022). The Court dismissed with prejudice, Plaintiff’s Breach of Fiduciary Duty and Breach of Implied Warranty of Habitability claims. All the other claims were dismissed without prejudice and Plaintiff was Ordered to file an Amended Complaint within 60 days. 
  9. Plaintiff hereby files this Amended Complaint. 

FIRST CAUSE OF ACTION

BREACH OF CONTRACT
  1. The allegations set forth in paragraphs 1 through 14 are re-alleged and incorporated herein by reference.
  2. There was a contract entered between the Plaintiff and the Defendant. This contract created obligations for the Defendant. Article 9 of the Agreement, for instance, stated that Defendant will “provide necessary management, operation, and administration of the project”. (See the Occupancy Agreement). 
  3. Defendant breached the said obligation(s) by failing to effect repairs on Plaintiff’s house. Plaintiff has attached an inspection report of the premises. The inspection done on February 27, 2022 by Certified Termite and Home Inspection Co. (See the Inspection Report). The report revealed several concerns, which include:
  1. There is evidence of moisture penetration at the ceiling. (Inspection Report, p. 4). 
  2. There is also evidence of moisture and fungus present on the walls. (Inspection Report, p. 4).  
  3. There are rotten wood and excessive amounts of peeling throughout. (Inspection Report, p. 5).
  4. The windows need to be adjusted to open, close, and lock securely. The windows also need to be properly caulked and sealed. (Inspection Report, p. 6).
  5. The AC needs servicing and cleaning by a licensed HVAC contractor. (Inspection Report, p. 6).
  6. There are excessive amounts of dust and debris throughout duct work of the heating system. There are also excessive signs of deferred maintenance at the unit. (Inspection Report, p. 7).
  7. The water heater has exceeded its design life. (Inspection Report, p. 8).
  8. There is a need to install pressure release extension at water heater. (Inspection Report, p. 8).
  9. There are signs of moisture penetration at the closet. (Inspection Report, p. 9).
  10. The drywall tape at the closet is pulling away at ceilings. (Inspection Report, p. 10).
  11. The floor at the living room shows excessive settlement. They are also not leveled throughout. (Inspection Report, p. 11).
  12. The ceiling at the living room shows settlement cracks present. There is also evidence of moisture penetration. Further, the ceilings appear un-level throughout. (Inspection Report, p. 12).
  13. At the kitchen, there is a need to install anti tip bracket on stove; to replace missing refrigerator handles. Settlement also appears on the ceiling. (Inspection Report, p. 12).
  14. At the bedroom, there is excessive settlement, damaged ceilings and walls. (Inspection Report, p. 13). The ceiling at the bedroom also shows settlement cracks. There is also evidence of moisture penetration. (Inspection Report, p. 14). The floor and ceiling show excessive settlement and they appear to be not leveled throughout. The closet doors also need to be placed on track. (Inspection Report, p. 16). 
  15. At the bathroom, there is a need to properly glaze tub to prevent peeling, and to properly caulk and seal the tub area. (Inspection Report, p. 17).
  16. At the outbuilding/shed, there is evidence of moisture penetration at the ceiling, and rear outbuilding walls. There are also signs of fungus and mold on the rear outbuilding walls. (Inspection Report, p. 18).
 
  1. Plaintiff suffered as a result of the Defendant’s inaction. Notably, there is an extensive damages on Plaintiff’s clothes and furniture. Plaintiff has to withstand water leaking from her ceiling, foul odor from the property, and itchy scalp from the bugs that dropped on Plaintiff’s hair (and that of her children). For instance, on or about July 6, 2020, the Plaintiff’s daughter was bitten by the bugs and developed an allergic reaction. She had to be taken to the ER. (See Plaintiff’s Email to Defendants- July 6, 2020).
  2. Plaintiff is prohibited from making repairs on the premises by herself. 
  3. Defendant’s failure to make the repairs will expose Plaintiff and her family to further harm.

SECOND CAUSE OF ACTION

NEGLIGENCE
  1. The allegations set forth in paragraphs 1 through 19 are re-alleged and incorporated herein by reference.
  2. The Defendant has a duty towards the Plaintiff. 
  3. First, the mission statement of the Defendant raises several obligations of the Defendant. Notably, the mission statement provides thus: “to maintain buildings and property that are safe, secure, accessible, and affordable; to upgrade when necessary the existing units, buildings/building systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement, p.1). The mission also provides that the Defendant shall “improve the quality of the business operation”. Id. Further, the Defendant commits itself to “respond to concerns of staff and members and deal with them in a reasonable time frame”. Id. 
  4. The Defendant’s vision statement also states thus: “we believe that all members should be treated with respect”. (See Defendant’s Mission, Vision, and Value Statement, p.1). Defendant further states the following in their vision statement “we will exercise honesty and integrity in all relationships with members, employees and community.” Id. Interestingly, the value statement proceeds to state “we believe that a healthy environment is crucial to sustaining the quality of our lives and community.” Id. 
  5. Defendant breached the said obligation(s) by failing to consider the Plaintiff’s concerns in the premises, and failure to make repairs. The Defendant has also failed to maintain the property in good condition. 
  6. As a result of the Defendant’s inaction, Plaintiff suffered damage(s). For instance, there was water damage, and extensive damages on Plaintiff’s clothes and furniture. Besides, Plaintiff had to withstand water leaking from her ceiling, foul odor from the property, and itchy scalp from the bugs that dropped on Plaintiff’s hair (and that of her children). The value of the property is also reduced as a result of the condition of the property. 
 

THIRD CAUSE OF ACTION

BREACH OF QUIET ENJOYMENT
  1. The allegations set forth in paragraphs 1 through 25 are re-alleged and incorporated herein by reference.
  2. Under Article 6 of the Occupation Agreement, the Defendant committed to ensure the Plaintiff has peaceful possession of the property. 
  3.  The Defendant disturbed Plaintiff’s quiet enjoyment of the property by failing to address the issues in Plaintiff’s property, and failing to maintain the common areas in good condition. Plaintiff had complained that the ceiling was moist, water leaked from the bathroom vent (when it rained, water leaked through the ceiling above the toilet and dripped on the floor and bathroom), black water stains appeared to be leaking from the bathroom ceiling; there were animal sounds and movements in the ceiling, and there was foul odor. Accordingly, as a result of the condition of the house, the Plaintiff’s children have been exposed to bugs that bit them, as a result of the condition of the house. The bugs have caused further harm and/or damage on Plaintiff’s clothes and furniture. Plaintiff has also been subjected to emotional distress and was caused to incur medical expenses. 

FOURTH CAUSE OF ACTION

CONSTRUCTIVE EVICTION
  1. The allegations set forth in paragraphs 1 through 28 are re-alleged and incorporated herein by reference.
  2. There is a physical disturbance on the premises. This situation has affected Plaintiff’s enjoyment of possession. Notably, Defendant failed to address the issues in Plaintiff’s property. The ceiling is moist, water leaks from the bathroom vent (when it rains, water leaks through the ceiling above the toilet and drips on the floor and bathroom), black water stains appear to be leaking from the bathroom ceiling; there are animal sounds and movements in the ceiling, and there is foul odor. Accordingly, as a result of the condition of the house, the Plaintiff’s children have been exposed to bugs that bit them, causing itchy scalps. The bugs have also caused further harm and/or damage on Plaintiff’s clothes and furniture. Plaintiff notes that on or about July 6, 2020, for instance, the Plaintiff’s daughter was bitten by the bugs and developed an allergic reaction. She had to be taken to the ER. (See Plaintiff’s Email to Defendants- July 6, 2020). Plaintiff has also been subjected to emotional distress and was caused to incur medical expenses.

FIFTH CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
  1. The allegations set forth in paragraphs 1 through 30 are re-alleged and incorporated herein by reference.
  2. The Defendant’s failure to attend to the issues at Plaintiff’s property is conduct that is beyond all possible bounds of decency. Plaintiff avers that:
  1. Defendant failed to maintain the common areas of the property: and
  2. Defendant failed to repair the damaged areas in the property. 
  1. The aforesaid conduct was extreme and unusual because Defendant had been obliged to maintain buildings and property that are safe, secure, accessible, and affordable; to upgrade when necessary the existing units, buildings/building systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement, p.1). Further, the Defendant was expected to provide quiet enjoyment of the Plaintiff’s property. Plaintiff had also presented concerns about the state of the property and the effects it had on Plaintiff and her family, yet Defendant failed to act accordingly.
  2. It follows; Defendant intentionally refused and/or delayed from addressing Plaintiff’s genuine and life threatening issues, thus leading to Plaintiff’s injuries and/or harm.  Notably, Plaintiff’s children were bitten by bugs. Her daughter had developed an allergic reaction in that regard, and had to be rushed to the ER. Further, the mold and odor from the leaking ceiling posed health risks to Plaintiff and her family. The malfunctioning smoke detecting apparatus also posed serious threat of fire to Plaintiff’s house. Plaintiff had to undergo stress and depression, and was put under medication.  

SIXTH CAUSE OF ACTION

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
  1. The allegations set forth in paragraphs 1 through 34 are re-alleged and incorporated herein by reference.
  2. Plaintiff had entered an Occupancy Agreement with the Defendant. (See the Occupancy Agreement). The said Agreement placed obligations on the Defendant. For example, Article 9 of the Agreement, for instance, stated that Defendant will “provide necessary management, operation, and administration of the project”. Id. The Defendant’s mission statement also provides thus: “to maintain buildings and property that are safe, secure, accessible, and affordable; to upgrade when necessary the existing units, buildings/building systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement, p.1). Accordingly, Plaintiff reasonably expected Defendant to honor and/or keep its obligations. 
  3. It follows; therefore, the Defendant’s failure to attend to the issues at Plaintiff’s property is conduct that is beyond all possible bounds of decency. Plaintiff avers that:
  1. Defendant failed to maintain the common areas of the property: and
  2. Defendant failed to repair the damaged areas in the property. 
  1. The aforesaid conduct was extreme and unusual because Defendant had been obliged to maintain buildings and property that are safe, secure, accessible, and affordable; to upgrade when necessary the existing units, buildings/building systems, grounds and appliances.” (See Defendant’s Mission, Vision, and Value Statement, p.1). Further, the Defendant was expected to provide quiet enjoyment of the Plaintiff’s property. Plaintiff had also presented concerns about the state of the property and the effects it had on Plaintiff and her family, yet Defendant failed to act accordingly.
  2. The Defendant intentionally refused and/or delayed from addressing Plaintiff’s genuine and life threatening issues, thus leading to Plaintiff’s injuries and/or harm.  Notably, Plaintiff’s children were bitten by bugs. Her daughter had developed an allergic reaction in that regard, and had to be rushed to the ER. Further, the mold and odor from the leaking ceiling posed health risks to Plaintiff and her family. The malfunctioning smoke detecting apparatus also posed serious threat of fire to Plaintiff’s house. Plaintiff had to undergo stress and depression, and was put under medication.  

SEVENTH CAUSE OF ACTION

BREACH OF IMPLIED WARRANTY OF GOOD FAITH AND FAIR DEALING
  1. The allegations set forth in paragraphs 1 through 39 are re-alleged and incorporated herein by reference.
  2. In every business relationship, there is an implied promise of good faith and fair dealing. This implied promise means that each party will not do anything to unfairly interfere with the right of any other party to receive the benefits of the business relationship.
  3. In the instant action, there was a valid contract between the Plaintiff and the Defendant. The contract contained provisions and/or terms that governed the relations between the parties. Therefore, the Defendant is bound by the implied warranty of good faith and fair dealing.
  4. The Defendant breached the said implied duty by:
  1. Failing to provide financial records and/or documents to Plaintiff for review; and
  2. Failing to disclose to Plaintiff information about Plaintiff’s equity shares.
  1. The said Defendants’ conducts add to the list of Defendant’s breaches, which subjected Plaintiff to the aforesaid injuries. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against the Defendants in the amount of $500,000 and specific performance of the Agreement, plus punitive damages costs of attorney’s fees as permitted by law in an amount to be determined, and any uch other relief, as this Court deems just and equitable.                                                                                              

CERTIFICATE OF SERVICE

I hereby certify that on [ENTER DATE], copies of the foregoing document have been sent to the Defendant in the following address:   [ENTER DEFENDANTS’ ADDRESSES]   DATED:          At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.