Michael Dejesus v. Jason Canady (2013)

NEMORANDUM OF DECISION

The plaintiff is seeking damages from the defendant Jason Canady for back rent, involving the use and occupancy of a condominium unit at 105 Industry Lane, Waterbury, Connecticut.   The alleged rent owed to the plaintiff was $700 per month from June 2007 to July 2011.   A default for failure to plead was entered July 10, 2013 (# 101) against the defendant Canady.   The defendant was to pay this rent of $700 as adjusted for any maintenance work done by him relating to the subject condominium unit.

At the hearing in damages held on November 6, 2013, neither party produced or offered any credible evidence of a lease agreement for the condo unit over the alleged four-year period of occupancy by the defendant, nor any written evidence of any maintenance work to be done by the defendant, nor any evidence of any preexisting debt owed by or to either party.

The plaintiff has failed to produce any probative or credible evidence concerning any rental arrangement or landlord-tenant relationship between these two parties.   The Statute of Frauds would bar any such verbal agreement concerning real estate per Connecticut General Statutes § 52–550(a)(4), (5).   The plaintiff is required to produce probative evidence that meets the fair preponderance standard to establish a causal relationship to any alleged damages suffered by the plaintiff.

The plaintiff has failed in every regard to meet any of these standards and therefore judgment enters for the defendant Jason Canady under these particular circumstances.

BY THE COURT

V. ROCHE, J.

Roche, Vincent E., J.