Housing Authority v. Neal

Citations

• 211 Conn. App. 777

Syllabus

The plaintiff housing authority sought, by way of a summary process action, to regain possession of certain premises leased to the defendant tenant. The plaintiff served a notice to quit possession for nonpayment of rent on the defendant and, thereafter, filed a summary process action. Subse- quently, the plaintiff and the defendant entered into a stipulated agree- ment pursuant to which the trial court rendered a judgment of possession in favor of the plaintiff and a stay of execution. In accordance with the stipulated judgment, the plaintiff agreed to allow the defendant to remain in the premises provided that the defendant made reasonable use and occupancy payments to the plaintiff and satisfied other conditions. Thereafter, the plaintiff filed an affidavit of noncompliance requesting an order for execution for possession on the ground that the plaintiff had not received payment from the defendant in accordance with the terms of the stipulated agreement and for the alleged serious nuisance that he committed because he had been arrested for various drug offenses at the premises. The trial court denied the plaintiff's request following a hearing and sustained the defendant's objection thereto, and the plaintiff appealed to this court. Held: 1. The trial court's finding that the defendant was not a tenant at sufferance was clearly erroneous because it was unsupported by the facts in the record; the defendant, who continued to reside at the premises after the lease agreement was terminated as a result of the plaintiff having served on the defendant a notice to quit possession of the premises, recognized his change of status when he entered into the stipulated agreement and agreed to make use and occupancy payments instead of rent payments to the plaintiff so long as he continued to occupy the premises. 2. The trial court erred in holding that the requirements of the applicable statute (§ 47a-11) concerning the obligations of a tenant did not apply to the defendant be