Legal Opinion
Wright v. Brady
Idaho Court of Appeals
Decided February 2, 1995No. 21086PublishedCited by 2 opinions
1Opinion of the Court
PERRY, Judge.
In this case we are asked to decide whether retaliatory eviction may be asserted by a tenant as an affirmative defense in an unlawful detainer action brought by a landlord. We conclude that such a defense may be raised by a tenant in Idaho, and we therefore reverse the magistrate’s order granting summary judgment to the landlord.
FACTS AND PROCEDURE
In June of 1991, James and Rebecca Brady (the Bradys) rented certain residential premises in Idaho Falls through a written month-to-month agreement. The premises were owned by Donald and Aloma Wright (the Wrights). In June of 1992, the…
2Cases cited9 opinions
- Yvonne C. Edwards v. Nathan HabibCourt of Appeals for the D.C. Circuit · 1968
- G&M Farms v. Funk Irrigation Co.Idaho Supreme Court · 1991
- Edwards v. Conchemco, Inc.Idaho Court of Appeals · 1986
- Sanders v. Kuna Joint School DistrictIdaho Court of Appeals · 1994
- Ireland v. IrelandIdaho Supreme Court · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- W.W.G. Corp. v. HughesColorado Court of Appeals · 1998
- Connolly v. PowellIdaho Court of Appeals · 2005