LLC v. Dominique McClendon (2010)

MEMORANDUM OF DECISION

This is a summary process action based on non-payment of rent on an oral month-to-month lease for the use and occupancy of the subject premises at 928 Wethersfield Avenue, Unit 4, Hartford, Connecticut.   On October 25, 2010, the parties appeared before this Court for trial on the complaint.   The defendant alleges as a special defense that rent was offered prior to service of the notice to quit.

The court has weighed all the evidence and assessed the testimony and credibility of the witnesses and reaches the conclusions set forth herein by a fair preponderance of the evidence.

FINDINGS

There was an oral month-to-month residential lease agreement between the parties calling for rental payments in the amount of $118.00 (the defendant's portion after a section eight subsidy payment) for the use and occupancy of the subject premises.   The plaintiff is the lessor of the premises and the defendant is the lessee.

The Defendant failed to pay June and July 2010 rent under the terms of the lease and within the applicable grace period for residential month-to-month tenancy.

On July 30, 2010, the plaintiff caused a written notice to quit to be served on the defendant.   The time designated in the notice for the defendant to quit possession of the premises has passed.   The defendant remains in possession of the subject premises.

The plaintiff has proven the non-payment claim by a fair preponderance of the evidence.   The defendant's special defense claims an offer of rent before service of the notice to quit.   The defense also claims a lack of notice as to an arrearage for unpaid rent.   This several month arrearage was established by the plaintiff by a fair preponderance of the evidence.   The plaintiff has established that a rental payment made by the defendant was applied to the arrearage and not to the current month's rent.   The plaintiff notified the defendant multiple times in writing of her outstanding arrearages, most recently in writing before service of the notice to quit, allowing the defendant ample opportunity to address the issue.   The defendant's pleading asserts an offer of payment on Sunday, August 9, 2010, after service of the notice to quit.   The testimony from the sole defense witness claims an offer of rent on Saturday, July 10, 2010, prior to service of the notice to quit.   The evidence in support of the special defense is equivocal at best and at odds with the defendant's prior assertion denying any knowledge of an arrearage.   The defendant was unable to provide sufficient evidence to support these assertions.   Therefore, the defendant has failed to prove her special defense by a fair preponderance of the evidence.

ORDER

The court enters judgment for possession of the subject premises in favor of the plaintiff with a final stay of execution through December 12, 2010.

By the Court

Hon. Vernon D. Oliver

Oliver, Vernon D., J.