CHARLESTON — A Charleston woman is suing Abe Rental Properties for breach of contract for the apartment she was renting.
Ibrahim Abdelnour was also named as a defendant in the suit.
Sarah Fox rented a residential apartment from the defendants for $525 per month beginning Dec. 4, 2021, for one year, according to a complaint filed in Kanawha Circuit Court.
On Oct. 27, 2022, the defendants notified the plaintiff that her lease would not be renewed due to various reasons that were beyond Fox's control or were fabrications of the truth, according to the suit.
Fox claims on Aug. 5, 2022, she was ordered to vacate the apartment by Sept. 5, 2022, however, this was prior to the end of her lease period.
On Nov. 30, 2022, Fox cleaned the apartment and vacated it, leaving it in the same condition in which it was leased to her, according to the suit.
Fox claims the defendants breached their contract and warranties. She claims the defendant breached their warranty of fitness by failing to make repairs that would permit her to use her bathtub and sinks in a reasonable manner and breached the warranty of habitability by failing to make the repairs to remedy leaks in the ceiling, in her sink and in her bathtub, rendering her unable to have a fully habitable rental where she could properly maintain her hygiene.
"Defendants denied there were issues with the bathtub, drain, or plumbing and blamed tenant, which left plaintiff with the need to shower elsewhere at additional cost," the complaint states. "Defendants have further failed to remedy rodents and roaches that interrupted Plaintiff's enjoyment of the rental."
Fox claims the defendants failed to maintain the rental and caused other tenants to accuse her of intentionally flooding the lower apartments when her plumbing and bathtub would not drain properly.
Fox claims she was constantly harassed by other tenants for this and the defendants seemingly encouraged the tenant harassment rather than working to control it.
The defendant also wrongfully withheld her security deposit even though she left the rental cleaner than the condition in which it was received, according to the suit.
Fox is seeking actual damages in the amount of $10,025, statutory damages of $550 and general damages. She is representing herself.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-511
