Heissenbuttel v. Comnas

This action for rent was tried without a jury. The tenant’s answer claimed that he was constructively evicted from the premises by reason of a foul and offensive odor which pervaded the premises, the constructive eviction was alleged as the basis for a partial defense, a complete defense, and a counterclaim for damages.

The parties entered into a lease of an unfurnished dwelling for the period of one year at a monthly rental of $400. It is undisputed that the tenant did not pay the rental due for three months during which he occupied the premises. It is equally undisputed that the tenant moved…