Creekside Apartments v. Poteat

COZORT, Judge.

In this case, plaintiff initiated proceedings to evict defendants from plaintiff’s apartments because defendants had not paid their rent. Defendants alleged the premises were unfit and counterclaimed for rent abatement, breach of the implied warranty of habitability, and damages under the unfair practices statutes. The trial court found the premises unfit and ordered partial abatement of rent owed by defendants. The trial court denied defendants’ counterclaims for breach of the implied warranty of habitability and for unfair trade practices. We find the trial court erred in not…