Kimber v. Towne Hills Development Co.

Quillian, Presiding Judge.

This is an appeal from a judgment for rent. Appellant-tenants Kimber entered into a written lease for an apartment with appellee-landlord Towne Hills Development Co. commencing August 8, 1977; with rent of $139 per month due the first of each month. The tenants also paid the landlord a $50 security deposit which was placed in an escrow account. The tenants did not pay the monthly rent for January 1978 and the landlord commenced dispossessory proceedings for non-payment of rent. A writ of possession never issued as the tenants, without notice or return of the…