DocketNumber: Nos. SPNO 9602-18565, SNBR-455
Citation Numbers: 1996 Conn. Super. Ct. 2817
Judges: TIERNEY, JUDGE.
Filed Date: 4/8/1996
Status: Non-Precedential
Modified Date: 4/17/2021
FACTS
The original lease between the parties was signed on March 7, 1986 for the occupancy of a portion of the Westport Plaza in Westport, Connecticut by "The Masters Sport's Cafe." The plaintiff commenced this lawsuit seeking possession of the premises based on non payment of monthly rent due October 1995. Prior to the institution of the lawsuit a notice to quit was prepared by the plaintiff's attorney, Michael Schless, and served at the commercial premises in accordance with statute; "at the place of the commercial establishment by a proper officer or indifferent person." Connecticut General Statutes§
The notice to quit was a preprinted form prepared by Allstate, a well known corporation doing business in the State of Connecticut furnishing preprinted forms to Connecticut attorneys. The preprinted form had printed on the bottom of the signature line these words; "Owner, Lessor or Legal Representative." The words "owner", and "lessor" and "or" were all Xed out leaving the preprinted phrase "Legal Representative." Attorney Schless typed his name underneath it CT Page 2818 as "Michael Schless" and signed Michael Schless on the signature line.
The signature did not contain the fact that Michael Schless was an attorney. It did not contain the words "Esquire" or "His Attorney" and did not indicate the name of the law firm that Mr. Schless was associated with. Furthermore the notice to quit on the signature line did not indicate the name of the landlord nor did it use the word "landlord" anywhere in the signature portion or the notice to quit. This the signature line appeared as follows.
S/Michael Schless Legal Representative Michael Schless
The defendant's Memorandum of Law in Support of Motion to Dismiss states that although the name Michael Schless "identifies the signatory, it does not identify the party for whom the signatory is acting in executing this notice. At the same time it indicates by the words `Legal Representative', that the signatory is not acting as a principal but rather as an attorney for someone else." Defendants Memorandum, p. 1-2
At oral argument the defendant's attorney did not argue that Michael Schless is not an attorney in Connecticut or a Commissioner of the Superior Court with offices at 505 Willard Avenue, Newington, Connecticut. The Defendant did argue that the requirements of the notice to quit statute, ConnecticutGeneral Statutes §
DISCUSSION OF LAW
A defective notice to quit deprives the court of subject matter jurisdiction. Lampasona v. Jacobs,
Because of the summary nature of the summary process remedy, the statute granting it has been narrowly construed and strictly followed. Jo-Mark Sand and Gravel v. Pantanella,
Generally speaking when there is a failure to follow the specific mandates of a summary process statute the court is deprived of subject matter jurisdiction. Bridgeport v.Barbour-Daniels Electronics, Inc.,
"Therefore the general test in Connecticut in determining whether or not the language of the notice to quit complies with the statutory requirements is as follows; `In order to demonstrate its compliance with the notices required for a proper termination, a landlord must show that the notices given to the tenant apprised her of the information a tenant needs to protect herself against premature, discriminatory, or arbitrary eviction. Jefferson Gardens Associates v. Greene, supra 143.Vertula v. Toracco, SNBR-437 p. 4-5, August 25, 1995, (Tierney, J.). CT Page 2820
"We therefore conclude that judicial appraisal of a landlord's compliance with both state and federal requirements for notices of termination must reflect the purpose that the notices were meant to serve." Jefferson Garden Associates v.Greene,
Requirements of the signatory of the notice to quit is found in Connecticut General Statutes §
It is noteworthy that the defendant does not argue that the time limit contained in the notice are in violation or the statute. The defendant fails to demonstrate how the defendant was prejudiced by Attorney Schless's signing the notice to quit on behalf of the plaintiff. The court file indicates that Mr. Schless signed the writ, summons and complaint and instituted this particular lawsuit as a Commissioner of the Superior Court. CT Page 2821
The plaintiff argues that an attorney is authorized to sign a notice to quit. Evergreen Corp. v. Brown,
The defendant argues that Evergreen Corporation is not controlling on this court since it was decided in February of 1978 prior to the institution of the Housing Session in October 1978. P.A. 78-365, Connecticut General Statutes §
The defendant cites for support of its Motion to DismissHuntington Realty v. Paskins, 1995 Conn. Super. Lexis 722, H-1043, February 10, 1995 (DiPentima, J.). Huntington involved six different evictions in which the Notices To Quit contained the rubber stamp facsimile signature of the landlord's representative The authority of the representative nor the question or whether the title of the landlords' representative complied with Connecticut General Statutes
CONCLUSION OF LAW
The defendant has not shown any prejudice or misleading action by reason of the notice to quit being signed by Michael Schless. Michael Schless is an attorney-at-law and should best have signed the notice to quit as "attorney-of-law" thus clearly complying with Evergreen Corporation v. Brown. The use of the preprinted form "legal representative" does not take away from CT Page 2822 the statutory authority of Mr. Schless to sign this notice to quit.
This court concludes that this Motion to Dismiss is a "hypertechnical dissection" of the notice to quit that borders on the dilatory. It is for that reason that this opinion is being written. Dilatory motions in summary process actions are discouraged. See for example Krueger v. Lusardo, SNBR-452, February 2, 1996 (Tierney, J.); F.G.B. Realty Advisors Inc. v.John Doe, et al, SNBR 421, April 17, 1995, (Tierney, J.).
The Motion to Dismiss is denied.
BY THE COURT, ___________________________ KEVIN TIERNEY, JUDGE
Jo-Mark Sand & Gravel Co. v. Pantanella , 139 Conn. 598 ( 1953 )
Connecticut Light & Power Co. v. Costle , 179 Conn. 415 ( 1980 )
State v. Verdirome , 36 Conn. Super. Ct. 586 ( 1980 )
Sharkiewicz v. Smith , 142 Conn. 410 ( 1955 )
Webb v. Ambler , 125 Conn. 543 ( 1939 )
Duguay v. Hopkins , 191 Conn. 222 ( 1983 )
Windsor Properties v. Great Atlantic Pac. Tea , 35 Conn. Super. Ct. 297 ( 1979 )
Evergreen Corporation v. Brown , 35 Conn. Super. Ct. 549 ( 1978 )