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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

O'Brien Properties, Inc. v. Rodriguez, 215 Conn. 367 (1990)

Citation
O'Brien Properties, Inc. v. Rodriguez, 215 Conn. 367 (1990)
Parent Document
O'Brien Properties, Inc. v. Rodriguez, 215 Conn. 367 (1990)
Jurisdiction
Connecticut (state)
Effective Date
1990-06-19

Other Sections in This Document (32)

Full Text

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The trial court concluded that a tenant at sufferance could not be a “tenant” for the purposes of § 47a-23c (a) (1), because subsection (b) of the statute, which enumerates seven grounds for “good cause” eviction, states that a landlord may evict a tenant if the tenant refuses to agree to “a fair and equitable rent increase.” The trial court reasoned that since “a tenant at sufferance is not obligated to pay rent but only the reasonable rental value of the premises as use and occupancy . . . failure to pay use and occupancy could not be grounds to evict such a tenant otherwise protected by § 47a-23c (a) (1).” (Emphasis added.) The trial court reasoned further that holding to the contrary “would entitle a tenant at sufferance to greater immu*372nity than is afforded all other tenants,” leading to a “ludicrous” result. We are not persuaded by the trial court’s reasoning.