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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 47a-23

Citation
Section 47a-23
Parent Document
Pollansky v. Pollansky, 144 Conn. App. 188 (2013)
Jurisdiction
Connecticut (state)
Effective Date
2013-07-16

Full Text

1,298 chars
Anna P. Poliansky is correct in that it is not necessary to include the names of minor children in a notice to quit. Sullivan v. Lazzari, supra, 135 Conn. App. 841; see also General Statutes § 47a-26h (a) (1) (summary *197process judgment shall bind any minors holding under named defendants). Her argument concerning April 27, 2011, the date of her eighteenth birthday,7 however, is misplaced. The notice to quit was dated April 27, 2011, but was served on April 28, 2011. A notice to quit is effective on the date it is served. See Vidiaki, LLC v. Just Breakfast & Things!!! LLC, 133 Conn. App. 1, 24, 33 A.3d 848 (2012) (rental agreement terminated when valid notice to quit was “served”). While service on her eighteenth birthday may have been sufficient, service the following day was clearly sufficient to serve her as an adult. The court found that the plaintiff gave the defendants, necessarily including Anna P. Poliansky, permission to access the property for recreational and business purposes.8 As explained in part I of this opinion, the permission terminated on the day the notice to quit was served—April 28, 2011. Because Anna P. Poliansky had permission to be on the property and because that permission had terminated, the notice to quit properly cited § 47a-23 (a) (3) as to her.