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ECR 2 LLC v. Thompson (2025)

Citation
ECR 2 LLC v. Thompson (2025)
Parent Document
ECR 2 LLC v. Thompson (2025)
Jurisdiction
Connecticut (state)
Effective Date
2025-05-13

Full Text

2,306 chars
gross negligence in failing to fulfill a condition prece-
       dent of a lease bars the application of the doctrine of
       equitable nonforfeiture. . . . In circumstances involv-
       ing the nonpayment of rent, we have construed strictly
       this threshold requirement in deciding whether to grant
       equitable relief.’’ (Citations omitted; internal quotation
       marks omitted.) Boccanfuso v. Daghoghi, 337 Conn.
       228, 239–40, 253 A.3d 1 (2020).
          In addressing the defendant’s claim of equitable non-
       forfeiture, the court explained: ‘‘[The defendant] claims
       that his intentional withholding of rent was based on his
       housing conditions and his ignorance of the prohibition
       against self-help. The defendant further asserts that,
       once he received the notice to quit, he sought advice,
       and paid use and occupancy for January through April.
       He maintains that, as a disabled veteran with case man-
       agement who will likely become homeless if evicted,
       the pursuit of summary process is unethical, immoral,
       unreasonable and unkind. The defendant has not estab-
       lished by a preponderance of the evidence that the
       court should exercise its equitable powers under these
       circumstances. . . .
         ‘‘In the present case, the defendant has not produced
       any evidence that his intentional nonpayment of rent
       was accompanied by a good faith intent to comply with
       the lease or a good faith dispute over the meaning of the
       lease. The lease provides the procedure for reporting
       housing condition issues to the plaintiff. Section 3.2 of
       the lease agreement requires the defendant to ‘report
       any damage or problem immediately upon discovery’
       and indicates that the plaintiff’s compliance with or
       response to ‘any oral request regarding security or non-
       security matters doesn’t waive the strict requirement
       for written notices under this Lease Contract. You must
       promptly notify us in writing of: water leaks; electrical
       problems; malfunctioning lights; broken or missing
       locks or latches; [and] other conditions that pose a
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