Givens v. Gray

Eberhardt, Presiding Judge.

This is the second appearance of this matter in this court. See Givens v. Gray, 124 Ga. App. 152 (183 SE2d 29). It appears that Givens rented an apartment in a newly constructed complex owned by Gray and after approximately a month’s occupancy began to make complaints as to certain deficiencies in the apartment and demanded corrective action by the owner. He stopped paying rent, and thereafter the owner instituted dispossessory proceedings. The tenant filed a counterclaim tendering payment of the rent into the registry of the court, and asserting a "failure of…