Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)

Citation: Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Parent Document: Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Jurisdiction: Connecticut (state)
Effective Date: 2020-09-30
Original Source: https://www.courtlistener.com/opinion/4900130/boccanfuso-v-daghoghi/ ↗

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injury to the landlord; and (3) the landlord’s injury is
reparable.’’ Cumberland Farms, Inc. v. Dairy Mart, Inc.,
225 Conn. 771, 778, 627 A.2d 386 (1993). Regarding the
first requirement, we have explained that ‘‘[wilful] or
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.) Id.
The leading modern case on equitable nonforfeiture
in summary process actions is Fellows v. Martin, 217
Conn. 57, 584 A.2d 458 (1991). In Fellows, we addressed
whether a residential tenant who deliberately withheld
$25.01 from her monthly rent of $500.01 because of a
dispute with her landlord over parking accommoda-
tions should be granted equitable relief from forfeiture.
Id., 58–60, 67. We began by noting the large disparity
between the landlord’s loss of $25.01 and the plaintiff’s
potential loss of a ninety-nine year lease and an advance
payment of $9900. Id., 67. Applying the maxim ‘‘de mini-
mis non curat lex,’’7 we concluded that, under the facts
presented in Fellows, ‘‘the underpayment of $25.01 is
insufficient, as a matter of law, to justify such a forfei-
ture.’’ (Internal quotation marks omitted.) Id., 68. We
explained that the de minimis nature of the tenant’s
breach meant that ‘‘eviction of the tenant would work
a forfeiture wholly disproportionate to the injury suf-
fered.’’ (Internal quotation marks omitted.) Id., 67.
Moreover, we noted that the record suggested that,
after service of a notice to quit, the tenant had resumed
monthly payments of her regular rental amount, plus
the $25.01 she had previously withheld. Id., 69.
We also addressed the issue of wilfulness. We noted
the general principle that ‘‘[a] court of equity will apply
the doctrine of clean hands to a tenant seeking . . .
7
De minimis non curat lex means ‘‘[t]he law does not concern itself with
trifles.’’ Black’s Law Dictionary (11th Ed. 2019) p. 544.
July 20, 2021 CONNECTICUT LAW JOURNAL Page 15

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