Section 232-a

Citation: Section 232-a
Parent Document: Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc., 974 A.2d 626 (2009)
Jurisdiction: Connecticut (state)
Effective Date: 2009-07-14
Original Source: https://www.courtlistener.com/opinion/1539908/waterbury-twin-llc-v-renal-trea... ↗

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“It is well settled that breach of a covenant to pay rent does not automatically result in the termination of a lease . . . rather, it gives the lessor a right to terminate the lease which he may or may not exercise. ... In order to effect a termination, the lessor must perform some unequivocal act which clearly demonstrates his intent to terminate the lease.” (Citations omitted.) Sandrew v. Pequot Drug, Inc., 4 Conn. App. 627, 630-31, 495 A.2d 1127 (1985). Although the Appellate Court has stated that “there is almost no limit to the possible words or deeds which might constitute the unequivocal act necessary to terminate the lease,” that court also has noted that such latitude is applicable only in situations wherein “a lessor might wish to terminate a lease but not wish to institute a summary process action,” such as where the tenant has already moved away from the premises. Id., 631. Thus, a statement terminating a lease may serve as the condition precedent to a summary process action only if it “substantially complies] with the format or substance of a statutory notice to quit” set forth by § 47a-23. Id., 632.

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