Ballman v. Borges

In this landlord-tenant action, defendants appeal by leave granted an order of the circuit court affirming an order of the district court. The effect of the order appealed was to require defendants to refund plaintiff, their tenant, approximately $3,200 that plaintiff had paid in rent, plus costs. We reverse.

After discovering that the property in which she was living had been condemned several years before, plaintiff brought suit against defendants, her landlords, seeking recovery of all the rent she had paid. Although she conceded in a related proceeding that the property was in reasonable…