Benchmark Properties v. Hipolito

Defendants appeal from a judgment granting plaintiff possession of a rental house because of defendants’ failure to pay rent and denying defendants’ counterclaim for damages for habitability violations and retaliation for exercising their rights under the Residential Landlord and Tenant Act. The dispositive issue is the court’s action in quashing subpoenas requiring the attendance and testimony of the Ritchies, the owners of the corporate plaintiff. We reverse and remand.

Defendants rented a house from plaintiff on October 18,1996, for use as their residence. According to defendants, they…