Section 47a-4a

Citation: Section 47a-4a
Parent Document: Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-08-16
Original Source: https://www.courtlistener.com/opinion/7893279/eamiello-v-liberty-mobile-home-... ↗

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There was evidence from which the court could have concluded that the defendant’s contentions about waterline freeze-up were a pretext to prevent the plaintiffs from selling or leasing their home. Stephen Eamiello *651testified that he had provided for the winterization of his home by covering the water pipes with heat tape, checking the insulation in the pipes, and filling the home’s heating tank with fuel oil, although there was no evidence indicating whether the defendant was aware of these preparations. The court found that the defendant in November, 1984, had refused to accept a new tenant that the plaintiffs had found for their home, just before it shut off the running water. In addition, the court found that the defendant had refused in October, 1984, to allow a prospective buyer to purchase the home on-site for $17,500. The defendant was clearly aware that the plaintiffs were actively seeking to rent or sell their home and had not abandoned it. In these circumstances, this court will not construe §§ 47a-4a and 47a-7 (a) so as to provide an exception to the defendant’s obligation to provide running water. Accordingly, we conclude that the court did not err in denying the defendant’s counterclaim for rent. YII

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