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

Ps entered into a lease agreement with D to rent a house in Charleston, West Virginia. At the expiration of the lease on June 1, 1991, the lease became a month-to-month tenancy. D could terminate the lease at any time with thirty days written notice. The lease also provided that Ps were to 'keep the premises in a neat, clean and orderly fashion, and return the premises to the Lessor in the same condition, reasonable wear and tear excepted.' Ps contend that it became impossible for them to comply with this term of the lease because during their residency Ds began and continued to dump 'dirty unsightly trash in the yard of the leased premises.' Ps complained to Ds about the dumping on numerous occasions between December 1990, and September 1991, and asked Ds to cease dumping on the leased premises. Ps reported the dumping to the West Virginia Department of Natural Resources (DNR) on September 23, 1991. On September 26, 1991, an investigator from the DNR inspected the leased premises and notified Ds that the dumping was illegal. The day after Ds were notified by the DNR, Ds informed Ps the lease was being terminated as a result of a change of plans for the leased premises. Ps were given thirty days to vacate the premises. After some discussion about the personal situation of the plaintiff Gretchen Murphy, Ds agreed to allow Ps to remain in the house for an additional $150 per month in rent. Ps vacated the premises and filed suit.

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