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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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Section 21-80a (b) specifies the circumstances in which a landlord's eviction action will not be deemed retaliatory if commenced within six months of the tenants engagement in certain protected activities. In addition to the grounds previously discussed, § 21-80a (b) provides in relevant part: "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 ... (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." (Emphasis added.) Section 21-80 requires specific types of written notices that a landlord must provide to a tenant prior to eviction, depending on whether the tenant is a mobile home owner or renter and on the ground for eviction. Not only did the trial court fail to find that the plaintiff had given the defendants any type of written notice so required, the testimony clearly indicates that there was no other type of written notice.[18] The courts have no authority to expand the exceptions provided by the legislature.