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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[18] "[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. at 462-63, 948 A.2d 379; id., at 463, 948 A.2d 379 (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. at 134, 561 A.2d 1365 ("[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., at 135, 561 A.2d 1365 ("[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. at 582-83, 548 A.2d 744 (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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