Skip to main content
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

1,186 chars
General Statutes § 47a-l (l)2 defines “tenant” as follows: “ ‘Tenant’ means the lessee, sublessee or person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, or as is otherwise defined by law.” “ ‘A tenancy at sufferance arises when a person who came into possession of land rightfully continues in possession wrongfully after his right thereto has terminated.’ Welk v. Bidwell, 136 Conn. 603, 608-609, 73 A.2d 295 (1950).” Rivera v. Santiago, 4 Conn. App. 608, 609-10, 495 A.2d 1122 (1985). “The issuance by a landlord of a notice to quit is an unequivocal act terminating the lease agreement with the tenant. Termination of the lease does not terminate the tenancy since, upon service of a notice to quit, a tenancy at sufferance is created. Bushnell Plaza Development Corporation v. Fazzano, 38 Conn. Sup. 683, 460 A.2d 1311 (1983).” Id., 610. “After a notice to quit has been served ... a tenant at sufferance no longer has a duty to pay rent. He still, however, is obliged to pay a fair rental value in the form of use and occupancy for the dwelling unit. Lonergan v. Connecticut Food Store, Inc., 168 Conn. 122, 131, 357 A.2d 910 (1975).” Id.