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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 21-80a

Citation
Section 21-80a
Parent Document
Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Jurisdiction
Connecticut (state)
Effective Date
2012-06-26

Other Sections in This Document (97)

Full Text

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I therefore turn to the facts in the present case to determine whether, consistent with the "literal" construction of § 21-80a (b)(1), the defendants were using the premises for a "purpose which is in violation of the rental agreement" by parking three or four vehicles on the premises. The parties' rental agreement has sections addressing "Permitted Uses" and "Resident's Covenants" that relate to the use and occupancy of the premises. Neither the subject of parking generally nor the number of vehicles that may be kept on the premises specifically is mentioned in the "Resident's Covenants" section. Under the "Property Leased and Permitted Uses" section of the parties' rental agreement, there is a place where the defendants were to indicate the number of registered vehicles located on their lot; they indicated three. The subject of parking is addressed further in the section of the agreement entitled "Term and Rental." In that section, after setting forth the "basic" rent for leasing the property, ten categories of "items of additional rent" are listed. The sixth item sets forth a $30 monthly fee "[f]or additional motor vehicle(s) subject to leasing per lot (see Rules and Regulations) at the leased premise during the month provided parking space is available and prior park approval is obtained."[15] The rules and regulations set a limit of two vehicles without additional charge.