Legal Opinion

Van Buren Apartments v. Adams

Court of Appeals of Arizona

Decided December 26, 1984No. 2 CA-CIV 5224PublishedCited by 3 opinions

1Opinion of the Court

OPINION

HOWARD, Judge.

This is an appeal in a forcible entry and detainer action from the trial court’s order requiring appellants to vacate an apartment owned by appellee. ■ The main issue is whether the retaliatory eviction defense extends to summary proceedings instituted at the expiration of a fixed term lease. We hold that it does and reverse.

Appellants and appellee entered into a one-year lease which expired on June 30, 1984. On May 29, 1984, appellee informed appellants that their lease would not be renewed. On June 4, 1984, appellee offered to allow appellants to stay one additional…

2Cases cited6 opinions

  1. Siegler v. BatdorffOhio Court of Appeals · 1979
  2. Engler v. Capital Management Corp.New Jersey Superior Court Appellate Division · 1970
  3. Golphin v. Park Monroe AssociatesDistrict of Columbia Court of Appeals · 1976
  4. Mead, Samuel & Co., Inc. v. DyarCourt of Appeals of Arizona · 1980
  5. Troy Hills Village v. FischlerNew Jersey Superior Court Appellate Division · 1971

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3Cited by3 opinions

  1. Houle v. QuennevilleSupreme Court of Vermont · 2001
  2. Phelps Dodge Corp. v. GalvezCourt of Appeals of Arizona · 1985
  3. Houle v. QuennevilleSupreme Court of Vermont · 2001

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