914 North Colony, LLC v. 99 West, LLC, 226 Conn. App. 720 (2024)

Citation: 914 North Colony, LLC v. 99 West, LLC, 226 Conn. App. 720 (2024)
Parent Document: 914 North Colony, LLC v. 99 West, LLC, 226 Conn. App. 720 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-07-16
Original Source: https://www.courtlistener.com/opinion/10131828/914-north-colony-llc-v-99-west-llc/ ↗

Full Text

2,304 chars

quit, the landlord expressed his preference to not evict
       the tenants and instead sought to resolve the dispute.
       Id. Over the one and one-half months between service
       of the notice to quit and commencement of the summary
       process action, the landlord took steps to assist the
       tenants in staying on the premises, such as providing
       them with contact information for an eviction preven-
       tion program and agreeing in writing ‘‘to forgive two
       months [of] use and occupancy payments and [to] work
       with [them] to straighten out [the] arrearage.’’ (Internal
       quotation marks omitted.) Id. Even after the summary
       process action was filed, the parties continued to dis-
       cuss the tenants’ ongoing occupancy of the premises.
       Id., 584–85.
          One of the tenants moved to dismiss the summary
       process action on the ground that the plaintiff had not
       terminated the lease because the notice to quit was
       equivocal. Id., 584. Concluding that the notice to quit
       had been equivocated, the trial court dismissed the case.
       Id., 585–86. The landlord appealed, claiming that his
       subsequent communications constituted settlement
       negotiations that did not contradict the pending sum-
       mary process action that was not being withdrawn. Id.,
       586. Affirming the judgment of the trial court, this court
       held that the subsequent actions by the landlord during
       settlement negotiations and the lack of communication
       to the tenants ‘‘that the summary process action was
       proceeding to conclusion unless they successfully nego-
       tiated a pretrial settlement’’ created reasonable doubt
       as to whether the lease was terminated. Id., 590.
         The plaintiff argues that the facts in the present case
       are distinguishable from Centrix Management Co.,
       LLC, and more akin to the facts in Cheshire Land Trust,
       LLC v. Casey, 156 Conn. App. 833, 115 A.3d 497 (2015).
       In that case, the landlord sent a letter to the tenants
       informing them that the lease was terminated and that
       the landlord was in the process of contracting with a
Page 14                   CONNECTICUT LAW JOURNAL                         0, 0

Other Sections in This Document (43)

Full Text