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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

2,464 chars
(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.’’
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