Wulff v. Washington

KENNEDY, Judge.

Plaintiffs (hereafter referred to as the landlords) had judgment against the defendant, Dr. Alice Washington, hereafter referred to as the tenant, in the sum of $780.50. The amount of the judgment was for unpaid apartment rental in the sum of $940.50, plus $125 for damage to the apartment, less a $285 damage deposit.

The tenant has appealed alleging as error the trial court’s refusal to allow her to plead and prove a defense of the landlords’ breach of implied warranty of habitability.

The facts are as follows:

Defendant tenant, by written lease dated November 12, 1979, leased an…