The claims were buttressed by a notice of code violations issued by Rich Mersinger, Bethalto zoning administrator, who declared the apartment unfit for human occupancy. Electrical outlets were dangerous, wiring was exposed under a sink and in a utility closet, holes were present in walls, plumbing was held together with duct tape, the roof was leaking through the kitchen and part of the ceiling collapsed while inspectors were on the premises.

“If my memory serves me right, there was a sewer leak between the first and second level, dripping down the drywall,” Mersinger says. “We’ve had all kinds of problems out there. That checklist you have in front of you, that probably applied to a multitude of units out there.”

Saying that they had paid more than $28,200 in rent at the rate of $495 a month for a place they figured was worth no more than $200 a month, the couple demanded a refund of $16,815. The defendants countered that the couple had caused $1,710 in damage to the apartment. The case was settled out of court, with no money changing hands, according to a copy of the settlement agreement.

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