Leonard Feroleto v. Benjamin Quinones et al. (2013)

MEMORANDUM OF DECISION

After a trial the court finds the following facts.   The plaintiff, Leonard Feroleto, and the defendants, Benjamin Quinones, Lucille Quinones, David Quinones and Joanne Corellone, entered into a written lease of a house located at 6 Church Hill Lane in Westbrook, Connecticut on August 31, 2006 (the “Lease”).   The Lease term was two years, commencing September 1, 2006 and ending August 31, 2008.   The rental was due in monthly payments of $2,200 on the first day of each month.

The Lease called for a security deposit of $2,200 due on or before November 30, 2006 and further provided that the defendants could pay the security deposit in 3 installments of $700, $700 and $800.   The security deposit was paid.   The defendant, Benjamin Quinones, testified at trial that he paid the security deposit as well as the last month's rent.   He had no evidence of the payment of the last month's rent and, as the Lease did not require such payment, the court does not find that Mr. Quinones' testimony concerning such payment was credible.

The defendants stopped paying rent in January 2008.   The plaintiff contacted Benjamin Quinones and Benjamin advised him that he had moved out, that he and Lucille were getting a divorce and that it was Lucille's obligation to pay the rent.   Benjamin testified that the plaintiff orally released him from his obligations under the lease.   The plaintiff testified that he was unaware that Benjamin had vacated the premises until January, when the rent was not paid for the first time.   He further testified that he did not release Benjamin from his obligations under the Lease.   The court does not find that testimony of Benjamin concerning his release from the Lease to be credible.   Benjamin, as a signatory to the Lease, remains liable under the Lease.

All of the defendants moved out of the leased premises sometime in March 2008.   In March 2008 the plaintiff started placing advertisements in various newspapers to rerent the premises and the premises were successfully rerented as of June 1, 2008.   As of June 1, 2008, the defendants owed a total of $11,000 rent under the Lease.

The defendant has argued that the plaintiff's efforts to rerent the premises were unreasonable because the plaintiff was asking for a rental amount of $2,400 per month.   The plaintiff testified that the rental was negotiable.   Moreover, the defendant never established the rental amount under the June 1, 2008 lease, or that the plaintiff could have rerented the premises in less than two months if he had asked for $2,200 per month in rent.

“The duty to mitigate damages [does] not require the plaintiff [landlord] to sacrifice any substantial right of its own ․ or to exalt the interests of the tenant above its own ․ It [is] required to make reasonable efforts to minimize damages.   What constitutes a reasonable effort under the circumstances of a particular case is a question of fact for the trier ․ [T]he general rule for the measure of damages in contract is that the award should place the injured party in the same position as he would have been in had the contract been performed ․” (Citations omitted.)  Danpar Associates v. Somersville Mills Sales Room, Inc., 182 Conn. 444, 446, 438 A.2d 708 (1980).

The plaintiff placed many advertisements in local papers and was able to rerent the premises within 2 months after the defendants had vacated them.   The court finds that the plaintiff's efforts to mitigate were very reasonable.

When the defendants first occupied the leased premises, the oil tank on the premises was full.   The Lease required the tenant to pay for oil as well as electricity and water and to fill the oil tank upon vacating the premises.   When the defendants vacated the leased premises, the oil tank was empty and the plaintiff paid $774.21 to Saybrook Oil Co. to fill the oil tank.   He also paid $59.97 to the Connecticut Water Co. and $147.88 to Connecticut Light and Power for amounts of water and electricity used by the defendants prior to the time when they vacated the leased premises.

The Lease provided:

12.  DEFAULT ․ You also will pay us interest on any amount you owe us which is past due.   The interest will be at the rate of twelve percent (12%) per year.

․ If we refer this matter to an attorney because you do not pay the amount you owe us when it is due, you will pay us an attorneys fee not in excess of fifteen percent (15%) of the amount of the judgment we obtain against you.   You will also pay us all of our other collection costs and expenses.

The defendants owe the plaintiff a total of $11,982.06 for unpaid rental, oil, water, and electricity.   The plaintiff held the security deposit of $2,200 which had accrued interest of $49.   That amount must be subtracted from the amounts owed by the defendants.   That results in an amount of $9,733.06 in total damages.

The Lease also provides that the defendants owe 12% per annum interest on all amount due to the plaintiff.   The defendant, Benjamin Quinones, has argued that he was unaware that he owed the plaintiff anything as a result of the breached Lease and that the plaintiff only brought this action when the defendant bought a house near the leased premises.   The delay in bringing the action does not excuse the debt, particularly in light of the Lease provision which states, “¶ 17 ․ We can delay enforcing any of our rights under this lease without losing them.”   However, the delay in bringing suit should excuse Benjamin Quinones from paying interest on the amount until he became aware that it was owed.   The plaintiff brought this action in June of 2010.   Therefore, the court will not impose an interest charge on Benjamin for the two years from June 2008 through June 2010.

The interest for three years on $11,982.06 is $3,504.   Therefore, Benjamin Quinones owes the plaintiff $13,237.06 plus $1,985 in attorneys fees for a total judgment amount of $15,222.06.   The court awards postjudgment interest at the rate of 4% per annum.   Benjamin Quinones shall make monthly payments to the plaintiff's counsel in the amount of $140 commencing on August 15, 2013 and continuing until the debt is paid in full.

The other defendants, Lucille Quinones, David Quinones and Joanne Corellone, have not appeared and, therefore, the court cannot make any findings that would relieve them of their obligation to pay all amounts due to the plaintiff.   The court finds that those defendants, Lucille Quinones, David Quinones and Joanne Corellone, are not in any branch of the military service and that they owe $9,733.06 in damages, $5,840 in interest, as well as $2,336 in attorneys fees for a total judgment amount of $17,909.06.   The court awards post judgment interest at the rate of 4% per annum.   Those defendants, Lucille Quinones, David Quinones and Joanne Corellone, shall each make weekly payments in the amount of $35 to the plaintiff's counsel commencing on August 15, 2013 and continuing until the debt is paid in full.

By the Court,

Aurigemma, J.

Aurigemma, Julia L., J.