Intertown Realty Company v. George Odelius (2009)

MEMORANDUM OF DECISION

This action is brought by the plaintiff, Intertown Realty Company, for breach of a residential lease of premises known as Apartment C-9, 603 Farmington Avenue, Hartford, CT. The plaintiff seeks money damages for unpaid rent and alleged damage to the premises from the defendant, George Odelius, a co-signer on the lease along with his granddaughter Melissa Odelius (the “Tenant”).   The defendant was defaulted on August 21, 2008 for failure to plead.   The matter was claimed to a hearing in damages before the court which was heard on April 1, 2009.

The plaintiff's property manager, Stephen Guinan, testified that the Tenant surrendered the keys to the premises on November 28, 2005.   Guinan introduced a “Tenant Ledger” (Plaintiff's Exhibit 5) which established that the Tenant failed to pay four months rent at $465.00 per month for a total of $1,860.00.   Guinan testified that that he conducted an inspection of the premises on December 2, 2005 and claims that the carpeting was new when the Tenant took occupancy but needed to be replaced after she vacated because it was soiled by the Tenant's cat.   The plaintiff also claims damages to the premises for the following:

1. Painting the apartment.....................․$ 245.00

2. Stain and replace doors....................․ 370.00

3. Repair broken windows and remove graffiti..․ 275.00

4. Clean the apartment..........................․ 140.00

5. Replace venetian blinds......................․ 320.00

6. Advertising expenses.........................․ 820.00

The Tenant and her mother testified that the carpeting was not new when the Tenant took occupancy and was substantially in the same condition when the Tenant left the premises.

With regard to the doors, the Tenant testified that the inside sliding doors often slid off their tracks and she requested repairs several times from the landlord.   As far as the front door is concerned, the Tenant testified that the front door was forced or kicked open on two separate occassions when her apartment was broken into.   As far as the plaintiff's claim that grafitti needed to be removed, the Tenant and her mother testified that the Tenant had painted flowers and other object on the windows to brighten the apartment but she only used washable paints which could be removed with soap and water.   The plaintiff offered no photographs of the premises.   The defendant submitted photographs of the premises taken by the Tenant's mother on November 28, 2005, when the keys were surrendered.

There are more than twenty units in the building and the plaintiff acknowledged having an ongoing contract with The Hartford Courant for the regular advertising of the apartment rentals in the subject building and other properties.   The Court finds that the advertising expense claimed is part of the plaintiff's general cost of doing business and makes no award for the same.

The plaintiff has the burden of proving the damages claimed, and recovery of these damages is unavailable when this burden is not met.   See Beverly Hills Concepts, Inc. v. Schatz and Schatz, 247 Conn. 48, 69, 717 A.2d 724 (1998).   “[Nothing in our law is more elementary than that the trier [of fact] is the final judge of the credibility ofwitnesses and of the weight to be accorded to their testimony ․ The trier has the witnesses before it and is in the position to analyze all the evidence.   The trier is free to accept or reject, in whole or in part, the testimony offered by either party.”  (Citations omitted;  internal quotation marks omitted.)  Smith v. Smith, 183 Conn. 121, 123, 438 A.2d 842 (1981).

The court finds that the plaintiff failed to sustain its burden of proof by a preponderance of the evidence that the damages claimed were either caused by the Tenant or were more than ordinary and necessary costs of re-letting residential apartment property.

Based on the credible testimony presented during the trial and full exhibits submitted, the court finds and awards the plaintiff the following damages.

1. Unpaid rent:  (4 months @ $465) $1,860.00

2. Late fee $ 40.00

3. Fees (Notice to Quit, Service) $ 100.00

Total $2,000.00

Judgment is entered against the defendant in the amount of $2,000.00

SO ORDERED.

BY THE COURT,

Gilligan, J.

Gilligan, Robert G., J.