216 Conn.App. 624
Conn. App. Ct.2022Background:
- Plaintiff landlord leased residential property to Roberto and Adriana Gude; lease listed both but only Roberto signed; both spouses lived at the premises as their primary residence.
- After the fixed-term lease expired, parties operated month-to-month; defendants defaulted on rent and plaintiff stipulated at trial that Roberto owed $27,500 for back rent and use and occupancy.
- Plaintiff sued Roberto and Adriana; count against Adriana alleged liability under Conn. Gen. Stat. § 46b-37(b)(3) (spousal liability for rental of dwelling actually occupied as a residence).
- Trial court entered judgment against Roberto (per stipulation) but declined to hold Adriana liable for back rent/use and occupancy because she had not signed the lease and the court applied contract principles rather than § 46b-37(b)(3).
- On appeal, the defendants conceded they were married and occupied the premises; the appellate court considered statutory construction of § 46b-37(b)(3).
- Appellate court reversed as to Adriana and directed judgment against her for $27,500 for back rent and use and occupancy, holding the statute unambiguously imposes joint liability.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Conn. Gen. Stat. § 46b-37(b)(3) makes a non-signing spouse jointly liable to a landlord for rental/back rent and use and occupancy | Section 46b-37(b)(3)'s plain language makes both spouses jointly liable for rental of a dwelling actually occupied as their residence | § 46b-37(b)(3) does not create third-party landlord liability when spouse did not sign the lease; liability requires contract signature | Court held the statute is unambiguous: both spouses are liable; Adriana is jointly and severally liable for $27,500 for back rent and use and occupancy |
Key Cases Cited
- Wilton Meadows Ltd. Partnership v. Coratolo, 299 Conn. 819 (Conn. 2011) (recognizes that § 46b-37(b)(1)–(3) enumerate types of spousal liabilities)
- Stamford Hospital v. Schwartz, 190 Conn. App. 63 (Conn. App. 2019) (applied § 46b-37 to allow recovery from a non-signatory parent)
- Baledes v. Greenbaum, 112 Conn. 64 (Conn. 1930) (historical precedent affirming spousal liability for family support purchases)
- Howland Dry Goods Co. v. Welch, 94 Conn. 265 (Conn. 1919) (husband and wife jointly liable where purchases went to family support)
- Paquin, Ltd. v. Westervelt, 93 Conn. 513 (Conn. 1919) (imposing liability on husband for wife’s purchases)
- Fitzmaurice v. Buck, 77 Conn. 390 (Conn. 1904) (explaining § 46b-37’s purpose to protect third parties dealing with married persons)