Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

P was a month to month tenant of Normet (D). The city held that the residence was uninhabitable. P asked D to make the needed repairs. D refused and P withheld rent. D threatened to evict. Under the Forcible Entry and Wrongful Detainer Statute (FED) a landlord could recover possession of the property. The statute requires trial within six days after the filing, unless the tenant pays security for accruing rent. It limits the triable issues by excluding the tenant from arguing the landlord’s breach of duty to maintain the premises as a defense. The tenant must also pay a bond in twice the amount of rent to bring an appeal. P sued in federal court seeking to hold the statute unconstitutional on its face under due process or equal protection. The court dismissed the action. P appealed and the Supreme Court eventually granted certiorari.

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