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
Original Source: https://www.courtlistener.com/opinion/7894044/obrien-properties-inc-v-rodriguez/ ↗

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*374In addition, we are not persuaded by the trial court’s concern regarding the apparent inapplicability, to tenants at sufferance, of one of the reasons for “good cause” eviction. In particular, the trial court was concerned that a landlord would be deprived of his right under § 47a-23c (b) (1) (B) to evict a tenant based upon the tenant’s “refusal to agree to a fair and equitable rent increase.” The trial court reasoned that, since a tenant at sufferance does not pay rent, but rather pays use and occupancy, this reason for eviction would not apply to a tenant at sufferance. We are not persuaded, however, that this ground for “good cause” eviction is inapplicable to tenants at sufferance. In particular, we conclude that a landlord could still exercise his right to “good cause” eviction against a tenant at sufferance under § 47a-23c (b) (1) (B), simply by offering the tenant at sufferance a rental agreement at a fair and equitable rent. Thereafter, if the tenant at sufferance refused to accept the rental agreement, the landlord’s recourse to “good cause” eviction would be appropriate. In sum, we hold that a tenant at sufferance is. a “tenant” for the purposes of § 47a-23c (a) (l).3

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