Winn v. McGeehan

Defendants (tenants) appeal a judgment awarding possession of residential premises to plaintiffs (landlords), in this forcible entry and detainer (FED) action.1 We reverse and remand.

Tenants rented an older farm house from landlords on March 1, 1994. The rent of $800 per month was either late or paid with insufficient funds checks on each successive month of the tenancy. On September 20, 1994, after they had been advised that no further late payments would be accepted, tenants wrote to landlords, complaining of a number of habitability issues in regard to the rented premises. Landlords sent a…