(2022), that, when a contract is silent as to notice and
cure rights, the right to cure is implied unless expressly
waived.
‘‘That principle is inapplicable to this case, as the
lease agreement is not silent as to the defendant’s notice
and cure rights. Section 1.3 of the lease agreement states
that the defendant ‘must pay your rent on or before the
1st day of each month within 10 days of grace period.
. . . If you don’t pay rent on time, you’ll be delinquent
and all remedies under this Lease Contract will be
authorized.’ Similarly, section 4.2 of the lease agreement
states: ‘You’ll be in default under this lease agreement
if you do not make every rent payment by the tenth
(10th) calendar day of the month when such payment
is due or if you . . . [violate] any terms of this Lease
Contract including but not limited to the following viola-
tions: failure to pay rent or other amounts that you owe
when due . . . . If you are in default for any reason,
we, at our option, pursue any and all remedies available
to us pursuant to Connecticut law.’ These provisions
are consistent with General Statutes § 47a-15a,9 which
defines a grace period as the nine day time period after
the first day that rent is due and unpaid.
‘‘By the provisions of the lease agreement and state
law, the plaintiff was required to allow the defendant
an opportunity to cure his nonpayments within nine
days after the beginning of each month when his portion
of the rent payments became due. The plaintiff could
have chosen to accept payment after the 10th day but
before the notice to quit was served. Once the notice
to quit, which stated that any future payments would
9
General Statutes § 47a-15a (a) provides: ‘‘If rent is unpaid when due and
the tenant fails to pay rent within nine days thereafter or, in the case of a
one-week tenancy, within four days thereafter, the landlord may terminate
the rental agreement in accordance with the provisions of sections 47a-23
to 47a-23b, inclusive. For purposes of this section, ‘grace period’ means the
nine-day or four-day time periods identified in this subsection, as applicable.’’
Page 16 CONNECTICUT LAW JOURNAL 0, 0