Light v. Sheets

Defendant, tenant, appeals a judgment awarding plaintiff, landlord, possession of residential premises in this FED action for nonpayment of rent. We reverse and remand.

On October 3,1988, tenant began a month-to-month tenancy, agreeing to pay $300 per month in rent. She first notified landlord in September, 1989, that the plumbing was deficient and that mold was gradually destroying her belongings. When landlord failed to remedy the defects, tenant withheld rent for January, 1990, whereupon landlord served notice of eviction and commenced this action. Tenant counterclaimed, seeking damages for…