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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Freccia v. Freccia, 232 Conn. App. 353 (2025)

Citation
Freccia v. Freccia, 232 Conn. App. 353 (2025)
Parent Document
Freccia v. Freccia, 232 Conn. App. 353 (2025)
Jurisdiction
Connecticut (state)
Effective Date
2025-05-06

Other Sections in This Document (93)

Full Text

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guided in our resolution of this claim by the legal princi-
       ples set forth and this court’s analysis in U.S. Bank
       National Assn. v. Karl, 128 Conn. App. 805, 18 A.3d
       685, cert. denied, 302 Conn. 909, 23 A.3d 1249 (2011), a
       case on which the plaintiff relies. In U.S. Bank National
       Assn., the defendants in a summary process action filed
       a motion to dismiss in the trial court on the ground
       that the notice to quit that had been served on them
       was improper for failure to name the landlord or owner
       of the subject property, thereby depriving the court
       of subject matter jurisdiction. Id., 807. The trial court
       denied the motion to dismiss and rendered a judgment
       of possession in favor of the plaintiff. Id., 807–808.
         On appeal to this court, the defendants in U.S. Bank
       National Assn. claimed that the notice to quit was
       defective and, thus, that the court improperly denied
       the motion to dismiss. Id., 806, 808. This court set forth
       a rental agreement or lease of such property, whether in writing or by parol,
       terminates for any of the following reasons: (A) By lapse of time . . . or
       (3) when one originally had the right or privilege to occupy such premises
       but such right or privilege has terminated . . . such owner or lessor, or
       such owner’s or lessor’s legal representative, or such owner’s or lessor’s
       attorney-at-law, or in-fact, shall give notice to each lessee or occupant to
       quit possession or occupancy of such land, building, apartment or dwelling
       unit, at least three days before the termination of the rental agreement or
       lease, if any, or before the time specified in the notice for the lessee or
       occupant to quit possession or occupancy.
          ‘‘(b) The notice shall be in writing substantially in the following form: ‘I
       (or we) hereby give you notice that you are to quit possession or occupancy
       of the (land, building, apartment or dwelling unit, or of any trailer or any
       land upon which a trailer is used or stands, as the case may be), now
       occupied by you at (here insert the address, including apartment number
       or other designation, as applicable), on or before the (here insert the date)
       for the following reason (here insert the reason or reasons for the notice
       to quit possession or occupancy using the statutory language or words of
       similar import, also the date and place of signing notice). A.B.’. If the owner
       or lessor, or the owner’s or lessor’s legal representative, attorney-at-law or
       attorney-in-fact knows of the presence of an occupant but does not know
       the name of such occupant, the notice for such occupant may be addressed
       to such occupant as ‘John Doe’, ‘Jane Doe’ or some other alias which
       reasonably characterizes the person to be served. . . .’’
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