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... ↗

Full Text

2,323 chars

We disagree with the dissent’s characterization of our conclusion as an “[implicit] overruling] [of] . . . our substantial body of case law that establishes that a valid notice to quit terminates the lease,” and renders the tenancy one at sufferance, particularly given that a “valid notice to quit already had been served on the defendants [that] terminated the lease between the parties . . . .” We part company from the dissent in large part on the basis of its apparent analytical predicate that the first notice to quit in this case was presumptively valid. See also footnote 8 of this opinion. The dissent does not point to any case law or statute establishing the presumptive validity of such notices, and this court’s decision in Bargain Mart, Inc. v. Lipkis, supra, 212 Conn. 134, appears to stand for the contrary proposition, as we stated therein that “[t]he defendants’ argument erroneously equates an unequivocal notice of intent to terminate a lease with a termination of the lease. As the Appellate Court correctly observed in Bridgeport v. Barbour-Daniel Electronics, Inc., [supra, 16 Conn. App. 582-84] ... a notice to quit will not terminate a lease if the notice itself is invalid. Indeed, it is self-evident that if the notice is invalid, then the legal consequence of ‘termination’ arising from the service of a valid notice does not result” (Emphasis added.) Moreover, in Bargain Mart, Inc. v. Lipkis, supra, 136, we rejected the argument “that, under [Housing Authority v. Hird, supra, 13 Conn. App. 155], there would be no reason for a judgment in favor of the tenant in a summary process action to ‘revive’ the lease if the lease had not been terminated by the notice to quit,” observing that the validity of the notices to quit in Bargain Mart, Inc., were in dispute, and the “logical predicate to the Hird court’s ‘revival’ analysis — the existence of a valid notice to quit or, where the validity of the notice is in dispute, a finding of validity — was absent in [this] . . . summary process action.” Because there was no judicial determination of the validity of the notice to quit utilized by the plaintiffs in the first summary process action in the present case, our conclusion does not disturb the well established body of case law holding that a valid notice to quit terminates the lease.

Other Sections in This Document (118)

Full Text