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Property Keyed to French
Murphy v. Smallridge
Facts
In May 1990, the Murphys (Plaintiffs) signed a one-year lease to rent a house from the Smallridges (Defendants). After the term expired on June 1, 1991, the lease became a periodic tenancy. Defendants repeatedly dumped trash in the house’s yard. After multiple complaints to Defendants, Plaintiffs anonymously reported them to the state Department of Natural Resources. The Department investigated, and on September 26, 1991 informed Defendants that the dumping was illegal. The next day, Defendants informed Plaintiffs that the lease would be terminated, but then agreed to let them remain in exchange for a $150 increase in rent. Plaintiffs instead vacated the premises and filed suit for retaliatory eviction. The trial court dismissed their suit for failure to state a cause of action, holding that retaliatory eviction can only be raised as a defense by a tenant who remains on a property and is subject to an eviction action by the landlord. Plaintiffs appealed.
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