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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“[A]fter a notice to quit possession has been served, a tenant’s fixed tenancy is converted into a tenancy at sufferance. ... A tenant at sufferance is released from his obligations under a lease. . . . His only obligations are to pay the reasonable rental value of the property which he occupied in the form of use and occupancy payments . . . and to fulfill all statutory obligations.” (Citations omitted.) Sproviero v. J.M. Scott Associates, Inc., supra, 108 Conn. App. 462-63; id., 463 (noting that tenants were relieved from lease obligation to maintain septic system during pendency of litigation after service of notice to quit). A legally invalid notice to quit is, however, considered “equivocal” because of that legal defect and, therefore, does not operate to terminate a lease. See Bargain Mart, Inc. v. Lipkis, supra, 212 Conn. 134 (“[i]t is self-evident that if the notice [to quit] is invalid, then the legal consequence of ‘termination’ arising from the service of a valid notice [to quit] does not result”); see also id., 135 (“[b]ecause the trial court in the summary process action did not determine whether the notices to quit were valid, we have no basis for concluding that those notices terminated the . . . lease”); Bridgeport v. Barbour-Daniel Electronics, Inc., supra, 16 Conn. App. 582-83 (statutory notice to quit invalid because of untimely service did not terminate month-to-month tenancy and cannot serve as basis for summary process action, thus requiring service of second notice to quit).

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