DocketNumber: No. CV11-6484
Citation Numbers: 1995 Conn. Super. Ct. 12435
Judges: FOLEY, J.
Filed Date: 10/25/1995
Status: Non-Precedential
Modified Date: 4/17/2021
The defendant has a written lease with the plaintiff under the Section 8 moderate rehabilitation program. Pursuant to the CT Page 12436 lease and federal law the plaintiff may only terminate the lease for good cause. Termination of the lease based on lapse of time does not, according to the defendants, constitute "good cause" under federal law. The notice to quit issued to the defendants is ineffective to terminate the lease for lapse of time because it did not give the defendants until the end of the lease term to vacate the premises.
With respect to the second count of the complaint which is based on breach of the lease agreement, the defendants contend that General Statute §
Before the court addresses each of these alleged defects, it is necessary to identify the standards by which to test the adequacy of the termination notices sent to the defendants in this case.
"[T]he remedy of summary process is available only when there is a lease and it has been terminated. The purpose of the action is to enable the landlord upon such termination to recover possession from the tenant. . . . Because of the summary nature CT Page 12437 of this remedy, the statute granting it has been narrowly construed and strictly followed." Jo-Mark Sand Gravel Co. v.Pantanella,
. . . the owner or lessor . . . shall give notice to each lessee or occupant to quit possession of such . . . apartment or dwelling unit, at least five days before the termination of the rental agreement or lease, if any, or before the time specified in the notice for the lessee or occupant to quit possession or occupancy.
In this case, the plaintiff has alleged in the First Count of the complaint that the defendant had a Section 8 lease commencing January 1, 1995. Section 8 leases do not have a termination date nor has the plaintiff alleged a termination date.
A month to month lease commences on the first day of a calendar month and terminates on the final day of that month. A tenant has the right to occupy the premises until the last day of that month. Therefore, a notice to quit may not order a tenant to vacate prior to the expiration of the month when the reason for the termination is lapse of time. CT Page 12438
This rule was set forth in a Superior Court Housing Division case, Tehrani v. Century Medical Center, No. SPNO 8401-02457 at 4 (SNBR #201) (1985), . . the new tenancy is for the month and ends the last day of the month so that the notice to quit must give the first day of the following month for the tenant to vacate. aff'd,
A notice to quit based on termination must provide at least eight days notice, and it must have a quitting date not prior to the expiration of the lease; Metcalf v. Way, 10 CLT, No. 5, p. 19, (Sept. 27, 1983); "[A]ssuming arguendo that a lease was in effect, it would be improper for a landlord to terminate an oral month to month lease before the expiration of the full term of the lease".
The notice to quit in the case at bar was served on May 11, 1995 and ordered the tenant to vacate on or before May 27, 1995. The 27th of May is prior to the last day of the month and does not allow the defendant to remain throughout the lease term as required by Tehrani, supra. The notice to quit is therefore defective as to Count One of the complaint.
Service of a valid notice to quit is an essential condition pre-requisite to the commencement of a summary process action. O'Keefe v. Atlantic Refining Co., supra;Sandrew v. Pequot Drug, Inc.,
"[B]efore a landlord may pursue its statutory remedy of summary process under §
No termination by a landlord under paragraph (a)(1) or (2) of this section shall be valid to the extent it is based upon a rental agreement or a provision of state law permitting termination of a tenancy without good cause.
Paragraph 15 of the lease (attached to the Complaint as Exhibit A) provides the same prohibition as expressed in the federal law. 24 C.F.R. § 882.215(c) provides:
(1) the owner shall not terminate the tenancy except for: (i) Serious or repeated violations of the terms and conditions of the Lease; (ii) Violations of Federal, State or Local law which impose obligations on tenant in connection with occupancy or use of the the dwelling unit. . .; (iii) Other good cause."
It is clear from a reading of the foregoing, that "good cause" as that term is used in the federal regulations means something very serious and not merely an isolated or insubstantial matter. The issue of whether a lapse of time constitutes good cause has been addressed by the housing session of the Superior Court. The decisions have held that lapse of time, without any other allegations of "good cause," is not a permissible ground for termination of the lease under federal law. Ryan v. Gordon, CV19-3184 (June 12, 1989), Insurance City Management v. Oliver, 8502-26966 Hartford Housing Session #656 (June 1985 Satter, J.). This court further supports these earlier cases by specifically finding that in a section 8 lease where there is no termination date set forth, the lapse of time alone does not constitute a serious or repeated violation of the terms and conditions of the lease; a violation of a law which imposes obligations on the tenant in connection with occupancy or use of the dwelling; nor does the lapse of time constitute "other good cause" as that term is used in the federal CT Page 12440 regulations. The first count of the complaint which relies on the lapse of time of the lease for the reason to terminate the lease is therefore appropriately subject to a motion to strike.
The court finds that the plaintiff has not complied with the state requirements for terminating a tenancy for noncompliance with the lease. General Statute §
Prior to the commencement of a summary process action, . . . if there is a material noncompliance with Section
47a-11 . . . or if there is a material noncompliance by the tenant with the rental agreement . . . the landlord shall deliver a written notice to the tenant specifying the acts or omissions constituting the breach and that the rental agreement shall terminate upon a date not less than thirty days after receipt of the notice. CT Page 12441 If such breach can be remedied by repair by the tenant or payment of such damages by the tenant to the landlord, and such breach is not remedied within twenty-one days, the rental agreement shall terminate except that (1) if the breach is remediable by repairs or the payment of such damages and the tenant adequately remedies the breach within such twenty-one day period, the rental agreement shall not terminate . . .
In Marrinan v. Hamer,
The General Assembly corrected any ambiguity which may have previously existed regarding whether or not the requirements of §
The plaintiff, in his brief, argues that the holding ofJefferson Garden supports his position that the preconditions for a summary process action have been met in the notice to quit. He argues that ". . not every deviation from the strict requirements of either statutes or regulations warrants dismissal of an action for summary process."
The court agrees with that proposition. But the plaintiffs' reliance on the Jefferson Garden case is misplaced. In Jefferson Garden, the many notices to the tenant of the lease violations (keeping a doberman pinscher in an apartment with a "no pets" provision in the lease) occurred repeatedly over months before the actual notice to quit was served on the defendant by hand and by mail. The violations of the lease provisions were clearly and CT Page 12442 specifically set forth in the notice. In this case, if there was specific and adequate notice of the violations of the lease, those notifications do not appear of record (although there is an oblique reference to a notice on February 11, 1995). A mere reference to the word "noise" is wholly inadequate to explain a material noncompliance with a lease. Neither does the mention of the word "noise" comply with the requirement that "a landlord must show that the notices given to the tenant apprised them of the information a tenant needs to protect themselves against premature, discriminatory or arbitrary eviction". Joy v. Daniels, supra.
The plaintiff was obligated to provide the defendant with a termination notice that complied with 24 C.F.R. § 450.4 (a). That regulation requires proper service of a written notice informing the tenant of: (1) the date "the tenancy is terminated"; (2) the reasons for the landlord's action; and (3) the tenant's right to present a defense if a judicial proceeding for eviction is instituted.
CONCLUSION
The notice to quit is defective as to Count One of the complaint for reasons previously set forth. The court finds that the plaintiff has not complied with the state requirements for terminating a tenancy for noncompliance with the lease. The court further finds that the notice to quit served upon the defendants in this case did not adequately advise the defendants of the reasons for the landlord's actions and the form did not adequately notify the defendants of their right to present a defense to any subsequent judicial proceedings.
For the foregoing reasons the Motion to Strike this summary process action is granted.
THE COURT
Foley, J. CT Page 12443
Jo-Mark Sand & Gravel Co. v. Pantanella , 139 Conn. 598 ( 1953 )
Kapa Associates v. Flores , 35 Conn. Super. Ct. 274 ( 1979 )
Thelma Joy, Individually and on Behalf of All Others ... , 479 F.2d 1236 ( 1973 )
Goler Metropolitan Apartments, Inc. v. Williams , 43 N.C. App. 648 ( 1979 )