VAN BUREN APARTMENTS v. ADAMS

No. 2 CA-CIV 5224.

145 Ariz. 325 (1984)

701 P.2d 583

VAN BUREN APARTMENTS, a general partnership, Plaintiff/Appellee, v. Eric ADAMS and Dr. Illa A. Adams, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Review Denied June 25, 1985.


Attorney(s) appearing for the Case

Schorr, Leonard & Felker, P.C. by Franklin O. Eldridge, Tucson, for plaintiff/appellee.

Daniel F. Davis, Tucson, for defendants/appellants.

Eric Adams, in pro. per.


OPINION

HOWARD, Judge.

This is an appeal in a forcible entry and detainer action from the trial court's order requiring appellants to vacate an apartment owned by appellee. The main issue is whether the retaliatory eviction defense extends to summary proceedings instituted at the expiration of a fixed term lease. We hold that it does and reverse.

Appellants and appellee entered into a one-year lease which expired on June 30, 1984. On May 29, 1984,...

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