DocketNumber: No. SPBR940727340
Citation Numbers: 1995 Conn. Super. Ct. 1214, 13 Conn. L. Rptr. 613
Judges: TIERNEY, J.
Filed Date: 2/10/1995
Status: Non-Precedential
Modified Date: 4/18/2021
This commercial summary eviction action was commenced on July 1994 CT Page 1214-A based upon a Notice to Quit dated June 2, 1994. The Notice to Quit stated as the only reason "lapse of time". After various pleadings were filed the defendant filed a Motion to Strike dated November 1, 1994. The Motion to Strike was granted in a written memorandum of decision.Invest II v. Southern Connecticut Mental Health and Substance AbuseTreatment Center, SNBR-405 (January 13, 1995) (Tierney, J.).
No further responsive pleadings were filed by either of the parties and the plaintiff withdrew the summary process action on January 24, 1995.
According to the plaintiff's complaint, on April 2, 1992 the plaintiff entered into a written lease with the defendant for commercial space located on the second floor of a building at 4920 Main Street, Bridgeport, Connecticut. The lease expired in accordance with its terms on May 31, 1995. The fixed rent for the entire term of the lease was $3,446.34 per month. On September 9, 1994 pursuant to ConnecticutGeneral Statutes §
The first issue that must be decided is whether a hearing can be held to distribute payments in accordance with Connecticut GeneralStatutes §
This court therefore has jurisdiction to order distribution of use CT Page 1214-D and occupancy payments paid into court pursuant to C.G.S. §
It is clear from prior case law that merely because one party was successful in the underlying summary process action the funds are not to be automatically paid to the successful party. There is no support in Connecticut General Statutes §
After entry of final judgment, the court shall hold a hearing to determine the amount due each party from the accrued payments for such use and occupancy an order distribution in accordance with CT Page 1214-E its determination. Such determination shall be based upon the respective claims of the parties arising during the pendency of proceedings after the date of the order for payments and shall be conclusive of such claims only to the extent of the total amount distributed.
C.G.S. §
The evident purpose of the statute was to authorize the court to settle equitably the many disputes which may arise during the pendency of the proceeding not necessarily related to the merits of the action.Groton Townhouse Apts. v. Marder, supra 691; MFS Associates, Inc. v.Autospa Realty Corporation, supra 35.
The defendant is claiming that the hearing held in accordance withC.G.S. §
The defendant cites the language of Groton Townhouse Apt. v.Marder, and MFS Associates, Inc. v. Autospa Realty Corporation; "the court to settle equitably many disputes which may arise." The defendant claims that the following equitable considerations should be balanced by the court in awarding money from the use and occupancy payments to the defendant.
1) The defendant has been required to expend attorney's fees to defend this lawsuit in which the plaintiff did not prevail.
2) This lawsuit was a breach of the lease and the breach of the landlord's covenant of quiet enjoyment. The defendant further argues that the landlord's institution of this summary process lawsuit violated the landlords' duty to the tenant of good faith and fair dealing, Warner v. Konover,
210 Conn. 150 ,154 (1989).
3) The third claim is that the filing of the lawsuit and its CT Page 1214-G defense of the lawsuit disrupted the defendant's normal daily routine in that the defendant's administrative personnel were diverted to defend the lawsuit and the defendant's physician's personnel were required to take time out of their regular practice to assist in the defense of this lawsuit.
The court concludes that none of these three arguments relate to the actual use and occupancy of the premises. The court has reviewed many cases in which Connecticut General Statutes §
The defendant is claiming that all housing matters are entitled to invoke general equitable principles and points the court to a series of equitable defense cases arising out of summary process. F.B. FountainCo. v. Stein,
This court agrees that equitable principles are applied as a matter of routine in housing matters. The court further agrees that equitable principles should apply to considerations in a hearing to distribute payments under Connecticut General Statutes §
As to the many legal and equitable considerations raised by the defendant, it is left to its remedy concerning damage claims for breach of the lease, violation of the covenant of quiet enjoyment and violation of the landlord's duty of good faith and fair dealing. In addition the defendant may make a claim for violation of Connecticut Unfair Trade Practices Act, C.G.S. §
The court has reviewed the lease of April 2, 1994 filed an Exhibit as well as the use and occupancy motion granted on September 23, 1994. The court notes that the fixed rent in the lease is $3,446.34 monthly. For some reason not explained to the court the monthly use and occupancy claim in the motion was rounded off to $3,500.00. Using equitable principles it appears fair that the plaintiff receive in accordance with CT Page 1214-J the April 2, 1994 lease, Article 2.02 subparagraph (a), four months fixed rent each in the amount of $3,446.34. The remainder of said $14,000.00 should be paid to the defendant as an overpayment of use and occupancy.
It is therefore ordered that the sum of $14,000.00 be distributed to the parties. The plaintiff shall receive the sum $13,785.36. The defendant shall receive the sum of the $214.64.
Fountain Co. v. Stein , 97 Conn. 619 ( 1922 )
Pierce v. Staub , 78 Conn. 459 ( 1906 )
Frank Smith Associates v. Tucker , 37 Conn. Super. Ct. 897 ( 1982 )
Groton Townhouse Apts. v. Marder , 37 Conn. Super. Ct. 688 ( 1981 )
Lusas v. St. Patrick's Roman Catholic Church Corp. , 123 Conn. 166 ( 1937 )