WRIGHT v. BRADY

No. 21086.

889 P.2d 105 (1995)

126 Idaho 671

Donald WRIGHT and Aloma Wright, husband and wife, Plaintiffs-Respondents, v. James BRADY and Rebecca Brady, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

February 2, 1995.


Attorney(s) appearing for the Case

Idaho Legal Aid Services, Inc., Idaho Falls, for appellants.

Anderson, Nelson & Hall, Idaho Falls, for respondents.


PERRY, Judge.

In this case we are asked to decide whether retaliatory eviction may be asserted by a tenant as an affirmative defense in an unlawful detainer action brought by a landlord. We conclude that such a defense may be raised by a tenant in Idaho, and we therefore reverse the magistrate's order granting summary judgment to the landlord.

FACTS AND PROCEDURE

In June of 1991, James and Rebecca Brady...

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