Gateway Development/East Lyme, LLC v. Duong, 227 Conn. App. 38 (2024)

Citation: Gateway Development/East Lyme, LLC v. Duong, 227 Conn. App. 38 (2024)
Parent Document: Gateway Development/East Lyme, LLC v. Duong, 227 Conn. App. 38 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-07-30
Original Source: https://www.courtlistener.com/opinion/10131818/gateway-developmenteast-lyme-l... ↗

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per month for rent, due on the first day of each month.
The defendants failed to pay the rent due on November
1, 2022. On November 11, 2022, the plaintiff sent the
defendants a notice of cancellation of the lease, and,
on November 14, 2022, the plaintiff served the defen-
dants with a notice to quit possession on the ground
of nonpayment of rent.
Although the notice to quit instructed the defendants
to vacate the property by November 22, 2022, the defen-
dants did not quit possession. The plaintiff served the
defendants with a summary process summons and com-
plaint on November 28, 2022, seeking immediate posses-
sion of the premises. In response, the defendants filed
an answer and special defenses to the plaintiff’s com-
plaint, asserting, inter alia, that the plaintiff’s notice to
quit was defective and that they had lawfully tendered
rent.2 Specifically, the defendants argued that the sub-
lease agreement required the plaintiff to afford them a
ten day notice to cure their default before serving them
with a notice to quit. The defendants further argued that
the plaintiff improperly refused to accept a payment of
rent that they had tendered on November 16, 2022,
which they contended would have been within the ten
day cure period.
The defendants specifically relied on paragraph 21
of the sublease agreement, which provides in relevant
part: ‘‘Any of the following occurrences shall constitute
a default under this Sublease . . . Failure of Sublessee
to pay any installment of rent, reimbursements, or any
other charge within ten (10) days after the same is due
and payable . . . Any breach by Sublessee to observe
or perform any of its other obligations under this Sub-
lease, which shall continue for ten (10) days after notice
in writing to Sublessee of such default, and in connec-
tion with which Sublessee shall not have in good faith
2
The defendants also filed a counterclaim, which subsequently was
marked ‘‘off’’ by agreement of the parties and is not at issue in this appeal.
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