Kwok–Cheng v. Castillo et al. (2011)

Decision

Upon consideration of all the evidence:  the testimony from both plaintiff and the defendants and the exhibits submitted by both parties in the above-captioned matter, the court issues the following decision.

The Plaintiff has not sustained her burden in her claim for damages.   The testimony established that much of plaintiff's claim arose from a recurring issue with the plumbing located in the lower or basement level of the premises.   Credible evidence established this damage was a result of a non-functioning toilet and faulty sewer line.   The landlord was aware of the problem throughout the tenancy and made only temporary or inadequate repairs to alleviate the problem.   This would have been her responsibility whether or not a lease existed.   Further, receipts submitted to corroborate the claim did not match dates of the alleged damage;  some were totally unsubstantiated.   The remaining damages alleged do not exceed the normal wear and tear for which tenants are not responsible.   Gerardi v. Blass, Superior Court, Judicial District of Litchfield, Docket 18–5836 (June 1999).

Plaintiff has established her claim for unpaid use and occupancy.   The written lease between the parties expired in October 31, 2006.   After that date the tenancy became a rental on a month-to-month basis, with a monthly payment of $1,400.   Defendants were properly served with a notice to quit by April 14, 2007 and remained in occupancy of the premises until November 2008.   Credible evidence was presented that the defendants failed to pay full amounts due landlord from April 2007 through November 2008.   As such, plaintiff is entitled to recover those use and occupancy amounts and reasonable attorney fees to collect that sum.   As the written lease had expired as of November 2006, the defendants are not liable for late fees or attorney fees in this action.   Buccino v. Cable Technology Inc., 25 Conn.App 676 (1991).

The court finds judgment for the Plaintiff in the following amounts:

Use and occupancy— $14,873.25

Attorney fee for eviction—$ 1,750.00

Total— $16,623.25

Credit— $ 2,800.00 Security deposit

Net Total:  $13,823.25

Accordingly court enters judgment for the Plaintiff in the amount of $13,823.25.

Corinne L. Klatt, J.

Klatt, Corinne L., J.