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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Josephine Towers, L.P. v. Kelly, 199 Conn. App. 829 (2020)

Citation
Josephine Towers, L.P. v. Kelly, 199 Conn. App. 829 (2020)
Parent Document
Josephine Towers, L.P. v. Kelly, 199 Conn. App. 829 (2020)
Jurisdiction
Connecticut (state)
Effective Date
2020-09-01

Full Text

2,013 chars
The plaintiffs sought, by way of summary process, to regain possession of
   certain premises occupied by the defendant. The plaintiffs served on
   the defendant a pretermination notice, alleging that the defendant had
   violated her lease agreement, the house rules of the apartment building
   where the defendant resided, and several statutory provisions (§ 47a-
   11 (a) through (g)). Subsequently, a kitchen fire started in the defendant’s
   apartment after she began cooking on her stove and then fell asleep.
   Thereafter, the plaintiffs served on the defendant a notice to quit posses-
   sion of the premises. The trial court rendered a judgment of immediate
   possession in favor of the plaintiffs. Thereafter, the court denied the
   defendant’s motions to open the judgment and to dismiss for lack of
   subject matter jurisdiction, and the defendant appealed to this court,
   claiming that the plaintiffs served an insufficient notice to quit. Held
   that the trial court properly denied the defendant’s motions to open
   and to dismiss and the court had subject matter jurisdiction to render
   judgment on the ground of nuisance: notwithstanding the defendant’s
   claim that the notice to quit did not adhere to statutory requirements
   (§ 47a-23) in the absence of a new pretermination notice regarding the
   kitchen fire, a landlord is required to provide only the statutorily required
   notices, the notice to quit was required to state only that the pretermina-
   tion notice had been served and that the lease had terminated on the
   ground of nuisance, and the notice to quit included language that the
   defendant violated § 47a-11, which states that the defendant shall not
   conduct herself in a manner that constitutes a nuisance, and, thus, the
   pretermination notice provided the defendant with necessary informa-
   tion, and the notice to quit satisfied jurisdictional requirements.
        Argued January 22—officially released September 1, 2020 Procedural History