Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)

Citation: Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Parent Document: Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Jurisdiction: Connecticut (state)
Effective Date: 2012-06-26
Original Source: https://www.courtlistener.com/opinion/2295282/fairchild-heights-inc-v-dickal/ ↗

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We begin with the language of the statute. Section 21-80a (b) provides: "Notwithstanding the provisions of subsection (a) of this section, if permitted by subdivision (1) of subsection (b) of section 21-80, the owner may maintain an action to recover possession of the premises if: (1) The resident is using the dwelling unit or the premises for an illegal purpose or for a purpose which is in violation of the rental agreement or for nonpayment of rent; (2) the condition complained of was caused by the wilful actions of the resident or another person in his household or a person on the premises with his consent; or (3) the owner seeks to recover possession pursuant to section 21-80 on the basis of a notice which was given to the resident before the resident's complaint." Section 21-80a (b) thus indicates that a park owner may maintain a summary process action against a resident who has engaged in conduct protected under § 21-80a (a) if: (1) the action was permitted by General Statutes § 21-80(b)(1); and (2) one of the enumerated exceptions applied.

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