S & J Realty, Inc. v. Jessica Lunt (2013)

COURT'S ORDER

THE COURT:  After a careful review of all of the evidence and testimony in this matter, including the record, the Court finds by a preponderance of the evidence the following:  Number one, the plaintiff and defendant entered into a year lease on May 15th, 2013, for use and occupancy of premises located at 111 River Avenue, apartment one in Norwich.   And the lease was to begin on May 16th, 2013.

Number two, the tenant agreed to pay $825 per month as rent due on or before the 1st of each month.

Number three, the tenant, rather, took possession of the premises pursuant to the lease.

Number four, although the tenant paid the rent for May and June, she failed to pay the rent for the month of July or for any month thereafter under the lease agreement.

Number five, the landlord served the tenant with a proper notice to quit possession on July 25th, 2013, based on nonpayment of rent, for the tenant to vacate on or before August 2nd, 2013.

Number six, the tenant remains in possession, although the time to quit possession in the notice has lapsed.

Number seven, by way of special defenses, the defendant alleged that no payment was due and that the landlord's eviction process was retaliatory because the defendant contacted the health department and other officials regarding an alleged leak in the apartment, which the defendant claimed caused damage to the ceiling and caused bats to enter into the apartment.

The Court finds by a preponderance of the evidence that the plaintiff has met its burden of proof and that the defendant has not met her burden of proof.   Therefore, based upon these findings, the Court grants the summary process action;  however, the Court issues a stay of execution until December 15, 2013.

The Court's explicit intention is that the defendant and her children are not to be removed from the apartment until that date of December 15, 2013.

The Court is empathetic and mindful that the defendant tenant has two young school-aged children and to the best of the Court's knowledge, just gave birth to her third child.

It should be noted, as I indicated on the record yesterday, that the Court received a fax from the hospital yesterday indicating that the defendant was in the hospital.   The Court infers that she was in for purposes of delivery, because the defendant indicated on the record last week that she was pregnant and her due date was October 8th, 2013.   However, although empathetic to the defendant and her children, the Court is mindful of the rights of the landlord and feels that a stay of the execution until December 15 is a reasonable stay.

The Court further orders that the defendant pay use and occupancy for remaining at the premises in the amount of $700 per month.   Payments to be made as follows:  For the month of October 2013, a payment in the amount of $700 to be paid on or before October 15, 2013.   For the month of November, payment in the amount of $700 to be paid on or before November 15, 2013.   And for the month of December, payment in the amount of $700 to be paid on or before December 15, 2013.

That is the Court's entire decision in this matter.   Thank you.

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Dated this 5th day of November 2013.

Hon. Karen A. Goodrow

Goodrow, Karen, J.