LLC v. Alex Chaplin (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 299-305 Washington Street, Unit 339, Hartford, Connecticut.   On October 20, 2010, the parties appeared before this Court for trial on the complaint.   The defendant alleges several special defenses to be addressed individually.

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 $495.00 for the use and occupancy of 299-305 Washington Street, Unit 339, Hartford, Connecticut.   The plaintiff is the lessor of the premises and the defendant is the lessee.

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

On July 12, 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 essence of the defendant's special defenses is his assertion that the plaintiff willfully withheld depositing his rental payment check to manufacture a cause of action for non-payment of rent.   The defendant asserts the plaintiff's motive is retaliation for a fair rent commission complaint made by the defendant in January 2009.   The defendant also asserts that the plaintiff seeks his eviction to rent his apartment for a higher monthly amount.   The defendant was unable to provide sufficient evidence to support these assertions.   Therefore, the defendant has failed to prove any of his special defenses 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 November 14, 2010.

By the Court

Hon. Vernon D. Oliver

Oliver, Vernon D., J.