Thirsk v. Coldwell Banker/Barton & Ludwig Realtors

Carley, Judge.

Appellee-lessor brought suit seeking $5,400 in rent due on an allegedly abandoned lease, interest, and $540 in attorney fees. Appellant-defendants answered, raising the defense of constructive eviction based upon an unrepaired roof, and counterclaimed for damages on the basis of allegations of appellee’s breach of the lease. Cross motions for summary judgment were filed. A hearing on the motions was held and the trial court granted summary judgment in favor of appel lee, with the exception of a $425 rental deposit that appellants had sought in their counterclaim. Accordingly,…