William J. Davis, Inc. v. Slade

FICKLING, Associate Judge:

Appellants appeal from a summary judgment awarding appellee, a former tenant, $690 which represented rent paid under a lease which had been declared void in a prior landlord and tenant action.

The undisputed facts are that appellants, knowing that substantial housing violations existed, rented certain premises to appellee. For 6 months appellee paid rent totaling $690 and then defaulted. The appellants then brought an action to recover possession of the premises for nonpayment of rent. Their cause failed, however, since the lease was admittedly void under our decision…