Brewster Park, LLC v. Berger
14 A.3d 334
Conn. App. Ct.2011Background
- Brewster Park, LLC sued Fred Berger for damages for use and occupancy and for attorney's fees related to unit 10B, 2600 Park Ave, Bridgeport, occupied during Hochman's tenancy.
- Lease was between Hochman and Brewster Park; Berger was an occupant/signatory to paragraph 15 but did not sign the main lease, and paragraph 15(a) and (b) address default and holdover.
- Hochman failed to pay rent; notice to quit was served in November 2006; Berger remained in possession after notice and eviction proceedings began.
- Trial court found fair market value for unit 10B at $3,400 per month and awarded occupancy damages from November 2006 until Berger vacated July 15, 2007, plus $7,500 in attorney's fees.
- Berger appealed arguing lack of pleading for use and occupancy, improper reliance on the lease for damages, and improper attorney's fees.
- Appellate Court reversed only the attorney's fees award; affirmed use and occupancy damages and other aspects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of pleading for use and occupancy | Plaintiff alleged use/occupancy and unjust enrichment; invoked § 47a-3c in trial briefing. | Use/occupancy not properly pled since statute not expressly invoked in the complaint. | Pleading sufficient; statutory ground alleged sufficiently given notice. |
| Basis for use and occupancy damages | Damages justified as equitable remedy for occupancy without a valid lease. | Damages should rest on the lease terms and party signatures. | Use and occupancy damages proper as an equitable remedy, not limited to lease terms. |
| Attorney's fees against Berger | Paragraph 15(a) makes Berger personally liable for damages including attorney's fees. | Only Hochman was liable under paragraph 15; Berger should not be liable for fees. | Attorney's fees must be reversed; Berger not personally liable under paragraph 15(a). |
Key Cases Cited
- Welk v. Bidwell, 136 Conn. 603 (Conn. 1950) (holds occupancy damages may be awarded when holdover occurs without a lease)
- Sippin v. Ellam, 24 Conn.App. 385 (Conn. App. 1991) (contract-based remedies may apply where no agreement exists)
- Burton v. Stamford, 115 Conn.App. 47 (Conn. App. 2009) (pleading requirements are directory, not mandatory, for statutory grounds)
- LeBlanc v. Tri-Town Shelter Services, Inc., 110 Conn.App. 118 (Conn. App. 2008) (notice and pleading standards for statutory claims)
- Bushnell Plaza Development Corp. v. Fazzano, 38 Conn.Supp. 683 (Conn. Sup. 1983) (attorney's fees awarded as damages where contract or statute permits)
- Creatura v. Creatura, 122 Conn. App. 47 (Conn. App. 2010) (contract interpretation standard; ordinary meaning governs)
- Isham v. Isham, 292 Conn. 170 (Conn. 2009) (contract interpretation and ambiguity standard; plenary review)
- Tallmadge Bros., Inc. v. Iroquois Gas Transmission System, L.P., 252 Conn. 479 (Conn. 2000) (avoid torturing contract terms; give effect to language)