Summary
The Connecticut Appellate Court affirmed the denial of residential tenants’ motion for attorney’s fees under General Statutes § 42-150bb after they prevailed in a summary process action. The court held that the landlord’s notice to quit and eviction action, which were based on alleged serious nuisance under the summary process statutes, were not based on a breach of the parties’ lease. Accordingly, the reciprocal attorney’s fee statute did not apply.
Topics
Practice areas
Questions Presented
- Whether a tenant who successfully defends a summary process action alleging serious nuisance may recover reciprocal attorney's fees under General Statutes § 42-150bb when the action is based on statutory serious-nuisance allegations rather than a breach of the lease.
- Whether the trial court properly denied the tenants' motion for attorney's fees without reaching the parties' alternative dispute concerning the lease's attorney's-fee provision.
Holdings
- Tenants are not entitled to reciprocal attorney's fees under § 42-150bb when they successfully defend a summary process action based on statutory serious-nuisance allegations rather than on the lease or a breach of the lease.
Key quotations
“The parties’ lease was neither the foundation of the plaintiff’s summary process action nor the reason that the defendants prevailed in that matter.” (at 14)
“For these reasons, we conclude that the trial court properly denied the defendants’ motion for attorney’s fees filed pursuant to § 42a-150bb.” (at 15)
Factual background
Seramonte leased a Hamden apartment to Greta Blau and Paul Boudreau for one year beginning about March 1, 2022. After Blau engaged in threatening and abusive conduct toward the landlord's attorney and employees of a towing contractor, Seramonte served a notice to quit alleging serious nuisance, including Boudreau's failure to control Blau's conduct. The trial court found that the conduct did not fall within the statutory definition of serious nuisance because it was not directed at another tenant or the landlord, and it entered judgment for the tenants. The tenants then sought attorney's fees under § 42-150bb.
Procedural history
Seramonte brought a summary process action in the Superior Court for the judicial district of New Haven, Housing Session, alleging serious nuisance and related statutory violations. After striking one count, the trial court held a trial on the remaining counts and rendered judgment for the defendants. The court later denied the defendants' motion for $31,195 in attorney's fees under General Statutes § 42-150bb. The defendants appealed, and the Connecticut Appellate Court affirmed.