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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The courts of this state have long concluded that a valid notice to quit terminates a lease. Indeed, a review of case *637 law from these courts reveals that this principle has been recognized in this state as far back as the early part of twentieth century and has been applied consistently ever since. See Thompson v. Coe, 96 Conn. 644, 651, 115 A. 219 (1921) ("[w]e think the service of the notice to quit was a definite, unequivocal act of the lessor showing the exercise of her option to terminate, and that it took effect on ... the date the notice was served"); Tseka v. Scher, 135 Conn. 400, 404, 65 A.2d 169 (1949) ("the lessor can terminate the lease under these circumstances only by a re-entry or other unequivocal act, such as a notice to quit"); Borst v. Ruff, 137 Conn. 359, 361, 77 A.2d 343 (1950) ("[b]y serving the notice to quit ... the landlord performed an act which was sufficiently unequivocal to terminate the tenancy"); Kligerman v. Robinson, 140 Conn. 219, 222, 99 A.2d 186 (1953) ("While the tenant's nonpayment of rent did not automatically terminate the lease, his failure to make a tender for [two] months ... entitled the landlord to end the tenancy by some unequivocal act.... That act, in the instant case, was the service of the notice to quit." [Citation omitted.]); Mayron's Bake Shops, Inc. v. Arrow Stores, Inc., 149 Conn. 149, 156, 176 A.2d 574 (1961) ("[t]he service of the notice to quit ... [is] the landlord's first unequivocal act notifying the tenant of the termination of the lease"); Danpar Associates v. Falkha, 37 Conn.Supp. 820, 824, 438 A.2d 1209 (1981) ("Some unequivocal act by the plaintiff showing that it had exercised its option to terminate was necessary.... Service of the notice to quit ... would constitute such an act." [Citation omitted.]); Bushnell Plaza Development Corp. v. Fazzano, 38 Conn.Supp. 683, 686, 460 A.2d 1311 (1983) ("[t]he notice to quit constituted an unequivocal offer to terminate the monthly rental ... [and] [u]pon its service, the tenancy at will was converted to a tenancy at sufferance"); Rivera v. Santiago, 4 Conn.App. 608, 610, 495 A.2d 1122 (1985) ("[t]he issuance by a landlord of a notice to quit is an unequivocal act terminating the lease agreement with the tenant"); Tehrani v. Century Medical Center, 7 Conn.App. 301, 305, 508 A.2d 814 (1986) ("[t]he service of the notice to quit possession ... was the [landlords'] first unequivocal act notifying the [tenant] of the termination of the lease for nonpayment of ... rent"); Housing Authority v. Hird, 13 Conn.App. 150, 155, 535 A.2d 377 ("Service of a notice to quit possession is typically a landlord's unequivocal act notifying the tenant of the termination of the lease. The lease is neither voided nor rescinded until the landlord performs this act and, upon service of a notice to quit possession, a tenancy at will is converted to a tenancy at sufferance.... It is necessary to prove the allegations of the notice to quit possession in order to obtain a judgment for possession." [Citations omitted.]), cert. denied, 209 Conn. 825, 552 A.2d 433 (1988); O'Brien Properties, Inc. v. Rodriguez, supra, 215 Conn. at 372, 576 A.2d 469 ("[t]he issuance by a landlord of a notice to quit is an unequivocal act terminating the lease agreement with the tenant" [internal quotation marks omitted]); Sproviero v. J.M. Scott Associates, Inc., 108 Conn.App. 454, 458 n. 2, 948 A.2d 379 ("[s]ervice of a notice to quit possession is typically a landlord's unequivocal act notifying the tenant of the termination of the lease"), cert. denied, 289 Conn. 906, 957 A.2d 873 (2008); see also P. Marzinotto, Connecticut Summary Process Manual (1986) p. 31 ("[t]he notice to quit is the basis for the inauguration of a summary process action and constitutes an unequivocal act terminating the lease").
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