Candida Termine v. Jasmine Williams (2011)

MEMORANDUM OF DECISION

A summary process trial was held on April 18, 2011.   The parties appeared and presented sworn testimony and an exhibit.   Based upon the credible evidence presented the court finds following facts proven.

The parties entered into a written lease agreement on August 1, 2010 for an apartment located at 568 Main Street, Third Floor, Middletown, Connecticut.   The lease provided for the payment of $750.00 rent on or before the first day of each month.   The defendant has failed to pay rent due under the lease on February 1, 2011.   On February 14, 2011 the plaintiff caused a notice to quit possession to be served on the defendant to vacate the premises on or before February 18, 2011.   The defendant remains in possession of the premises.

The defendant alleges in her special defense that the apartment was not fit and habitable due to a water leak in the ceiling and a snow load on the building's roof.   The defendant contends that she is excused from paying the February 2011 rent pursuant to General Statutes § 47a–4a;  47a–7.   The court finds that the defendant has not sustained her burden of proof on this special defense.

Accordingly judgment for immediate possession of the premises is ordered in favor of the plaintiff for non-payment of rent.

So ordered.

BY THE COURT,

PETER EMMETT WIESE, JUDGE

Wiese, Peter E., J.