DocketNumber: No. SPH 9312-73601
Citation Numbers: 1995 Conn. Super. Ct. 800
Judges: DiPENTIMA, JUDGE.
Filed Date: 1/20/1995
Status: Non-Precedential
Modified Date: 4/17/2021
The court heard considerable testimony regarding the failure of the defendant to pay October 1993 rent. The defendant admitted that he had used October rent for other purposes and that the October rent was not paid in full. As to November, the testimony and exhibits establish that the defendant made a payment in an amount equal to rent due in November. Exhibit 3, the plaintiff's ledger sheet reflecting changes by the plaintiff's manager and primary witness, indicates that on November 4, 1993, the plaintiff accepted "rent payment" of $3508.40. It is undisputed that after that payment there was a balance owing to the plaintiff of over $2000. (Ex. 3)
The written lease between the parties expired July 31, 1993 (Ex.1), and there was no subsequent written lease between the parties. The provision re: Holding Over from Ex. 1 reads
22. Holding Over. If you continue to occupy the apartment with our consent after the lease ends, this lease will be on a monthly basis. In that case, either you or we can send a notice to the other and cancel the lease at any time. All other terms of the lease still CT Page 801 apply.
While the plaintiff argues that this provision does not create a month to month tenancy, case law would suggest otherwise. InBushnell Plaza Development Corporation v. Fazzano,
If a tenant continues in possession of the premises with the consent or acquiescence of lessor after the expiration of this lease . . . such continued occupancy shall be construed to be a month to month tenancy under the terms and conditions of this lease.
The Appellate Session found that a month to month tenancy was created. In this case, based upon the language of the holdover provision and the testimony of the parties, the court finds that the holdover tenancy was a month to month tenancy. C.G.S. §
That being so, the issue is whether the payment accepted by the plaintiff on November 4, 1993 was rent for November, the alleged month of nonpayment. The evidence convinces the court that the plaintiff accepted the November 4, 1993 payment as rent. The plaintiff's ledger sheet (Ex
Alexandra Davis DiPentima, Judge