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
Original Source: https://www.courtlistener.com/opinion/2295282/fairchild-heights-inc-v-dickal/ ↗

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*646 It is clear from the terms of the parties' rental agreement that the defendants were not using the premises in violation of a "purpose" of the agreement. The purpose for which the defendants were using the premises is parking. Parking is a permitted use under the agreement. The mere fact that the defendants failed to comply with the conditions for parking in excess of two vehicles does not change this ultimate fact. The rules authorize the defendants to keep two vehicles and permit them to keep additional vehicles as long as they obtain permission and pay a fee. Although the defendants clearly violated this rule, I fail to see how conduct that expressly is permitted, subject to certain preconditions, can violate the purpose of the rental agreement simply because those preconditions were not met.[16] In other words, parking more vehicles than authorized, in and of itself, does not change the purpose of the use  parking, a permitted use  to some other purpose. If the defendants were, by contrast, parking large numbers of unregistered or junked vehicles, one might characterize the purpose of the use not as parking but as maintaining a junkyard or storage lot. Such uses clearly would constitute purposes that are in violation of the rental agreement. Those are not the facts here.[17]

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