Phil Desiato v. Paul Didden (2014)

MEMORANDUM OF DECISION

This matter is before the court on a hearing in damages.   The plaintiff landlord seeks damages from the defendant, a former tenant in property owned by the plaintiff, for unpaid rent.   On November 7, 2013, the plaintiff's motion for default for failure to plead was granted.   The defendant failed to appear for the hearing in damages.

The plaintiff submitted and the court accepted as exhibits the following:  (1) Exhibit A—affidavit of debt;  (2) Exhibit B—affidavit of legal fees and expenses;  and (3) Exhibit C—a bill of costs.   Based on the evidence presented the court finds as follows.   On June 1, 2011, the defendant, Paul Didden entered into a lease agreement with the plaintiff for use and occupancy of the subject premises known as 173 South Street Ext., Coventry, CT. The plaintiff agreed to pay rent in the amount of $1,300.00 per month, late charges of $30.00 per month, interest on unpaid amounts and attorneys fees, costs and expenses in the event of a default.

Based on the affidavit of debt, the defendant has failed to make the agreed upon payments and owes the plaintiff $8,950.00 in unpaid rent.   The plaintiff owes $330 in late fees and $1,227.62 in interest for a total of $10,507.62.   According to the bill of costs, the plaintiff incurred costs and expenses totaling $410.60.   Finally, the attorneys fees incurred by the plaintiff are $1,302.00.   The court finds that the total debt amount is $12,220.22.   The attorneys fees requested are reasonable and within statutory limits.

ORDERS

The court thus awards damages and counsel fees as follows:

Damages for unpaid rent, late fees and interest:  $10,507.62

Attorneys fees:  $ 1,302.00

Costs and expenses:  $ 410.60

Total Damages are $11,809.62 plus costs of $410.60, totaling $12,220.22.

Accordingly, the court enters judgment for the plaintiff in the amount of $12,220.22.   The court also awards postjudgment interest at 5%.

Mullins, J.

Mullins, Raheem, J.