914 North Colony, LLC v. 99 West, LLC

Citations

• 226 Conn. App. 720

Syllabus

The plaintiff landlord and the defendant tenant entered into a lease agree- ment that required the defendant to pay base rent on a monthly basis, as well as charges for real estate taxes and water and sewer assessments. After the defendant failed to make its rent payment in April, 2020, the plaintiff served the defendant with a notice to quit for nonpayment of rent, which included a disclaimer stating that any payments tendered after the service of the notice to quit would be accepted as use and occupancy only. One day before the quit date on the notice, the defendant tendered payment for the April and May, 2020, base rent. Shortly there- after and for the next few months, the parties' representatives had discussions regarding the defendant's tenancy at the premises. The plain- tiff commenced the present action seeking to recover possession of the premises in October, 2020, when it became apparent that the defendant would not agree to a new lease. During the months when discussions were taking place between the parties' representatives, as well as after the underlying action was commenced, the plaintiff continued to send invoices to the defendant itemizing charges accruing under the lease, including rent, attorney's fees, real estate taxes, and late fees, while at times also requesting use and occupancy payments. The defendant made payments in response to each invoice. Following the plaintiff's case-in- chief at trial, the defendant's counsel made an oral motion to dismiss on the basis that the court lacked subject matter jurisdiction. The court granted the motion to dismiss, finding that the plaintiff's conduct after service of the notice to quit had rendered the notice to quit equivocal. On the plaintiff's appeal to this court, held that the trial court properly found that it lacked subject matter jurisdiction over the summary process action: the plaintiff's inconsistent characterization of what the lease referred to as base rent, its requests for payment includin