19 Conn. App. 564 | Conn. App. Ct. | 1989
The plaintiff appeals from the judgment dismissing his summary process action. The sole issue presented in this appeal is whether, as a jurisdictional prerequisite to a summary process action initiated pursuant to General Statutes § 21-80 (b) (3) (B),
On August 10, 1988, the trial court held a hearing and determined sua sponte that it lacked subject matter jurisdiction to hear the plaintiffs claim because the plaintiff failed to comply with General Statutes § 21-80 (b) (3) (B). The trial court interpreted that statute to require the plaintiff, as a prerequisite to the institution of a summary process action, to give the defendant an additional thirty days notice as required under General Statutes § 47a-15.
Section 47a-15 applies to residential apartments generally; Hoban v. Masters, 36 Conn. Sup. 611, 613, 421 A.2d 1318 (1980); and provides that under certain circumstances, in which a tenant fails to comply with his or her rental obligations under § 47a-ll, the landlord is required to deliver to the tenant a written notice “specifying the acts or omissions constituting the breach” and to give the tenant thirty days to abate the violation or risk the termination of the tenancy. This notice provision has been interpreted to be separate from and preliminary to the maintenance of a summary process action pursuant to § 47a-23. See Marrinan v. Hamer, 5 Conn. App. 101, 104, 497 A.2d 67 (1985); Kapa Associates v. Flores, 35 Conn. Sup. 274, 278, 408 A.2d 22 (1979).
The trial court’s reliance on § 47a-15 in a case involving a summary process action to regain possession of a mobile home lot, and one involving nonpayment of rent, was misplaced. First, § 47a-15 is inapplicable to proceedings initiated under § 21-80. Section § 21-80 (b) (4) provides that unless otherwise specified, “proceedings under this chapter shall be prescribed under Chapter 832,” the general summary process chapter. General Statutes § 47a-15 is located in chapter 830 of the General Statutes and, therefore, does not apply to proceedings involving mobile home parks. Furthermore, even if we were to assume that § 47a-15 was applicable, the plain language of this section exempts a landlord from compliance with its notice provisions in cases where the breach of the rental agreement is based on a tenant’s nonpayment of rent.
We conclude that under § 21-80, when a landlord seeks to terminate a tenancy for nonpayment of rent, only the notice requirements set forth in § 21-80 (b) (3) (B) are applicable. Although we recognize that the provisions of § 21-80 (b) (3) (B) were designed to afford greater protection to mobile manufactured home owners who rent lots than other tenants, the law does not require a preliminary and distinct thirty day written notice pursuant to §21-80 (b)(3) (B).
There is error, the judgment is set aside and the case is remanded for further proceedings consistent with this opinion.
In this opinion the other judges concurred.
General Statutes § 21-80 provides in pertinent part: “grounds for summary PROCESS OR TERMINATION OF RENTAL AGREEMENT. PROCEDURE FOR SUMMARY PROCESS ACTION OR TERMINATION OF RENTAL AGREEMENT. RENT increase, (a) An action for summary process may be maintained by the owner of a mobile manufactured home park against a mobile manufactured home resident, who rents his mobile manufactured home from such owner, for the following reasons which shall be in addition to other reasons allowed under chapter 832 and except as otherwise specified, proceedings under this section shall be as prescribed in said chapter 832:
“(1) A conviction of the resident of a violation of a federal or state law or local ordinance which the court finds to be detrimental to the health, safety and welfare of other residents in the park but no notice to quit possession shall be required;
“(2) The continued violation of any reasonable rule established by the owner, provided a copy of such rule has been delivered by the owner to the resident prior to entering into a rental agreement and a copy of such rule has been posted in a conspicuous place in the park and, provided further the resident receives written notice of the specific rule or rules being violated at least thirty days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the space or lot; or
“(3) A change in use of the land on which such mobile manufactured home is located, provided all the residents affected are given written notice at least three hundred sixty-five days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot.
“(b) (1) Notwithstanding the provisions of section 47a-23, an owner may terminate a rental agreement or maintain a summary process action against*566 a resident who owns his mobile manufactured home only for one or more of the following reasons:
“(A) Nonpayment of rent, utility charges or reasonable incidental services charges;
“(B) Material noncompliance by the resident with any statute or regulation materially affecting the health and safety of other residents or materially affecting the physical condition of the park;
“(C) Material noncompliance by the resident with the rental agreement or with rules or regulations adopted under section 21-70;
“(D) Failure by the resident to agree to a proposed rent increase, provided the owner has complied with all provisions of subdivision (5) of this subsection; or
“(E) A change in the use of the land on which such mobile manufactured home is located provided all of the affected residents receive written notice at least three hundred sixty-five days before the time specified in the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot.
“(2) An owner may not maintain a summary process action under sub-paragraph (B), (C) or (D) of subdivision (1) of this subsection prior to delivering a written notice to the resident specifying the acts or omissions constituting the action or inaction complained of and allowing the resident twenty-one days in which to remedy such complaint.
“(3) Notwithstanding the provisions of section 47a-23, termination of any tenancy in a mobile manufactured home park shall be effective only if made in the following manner:
“(A) By the resident giving at least thirty days’ notice to the owner;
“(B) By the owner giving the resident at least sixty days’ written notice, which shall state the reason or reasons for such termination, except that, when termination is based upon subparagraph (A) of subdivision (1) of this subsection, the owner need give the resident only thirty days’ written notice, which notice shall state the total arrearage due provided, the owner shall not maintain or proceed with a summary process action against a resident who tenders the total arrearage due to the owner within such thirty days and who has not so tendered an arrearage under this subparagraph during the preceding twelve months.
“(4) Except as otherwise specified, proceedings under this section shall be as prescribed by chapter 832.”
The defendant conceded during oral argument that she tendered the arrearage at least four months after the thirty day grace period had expired.
“[General Statutes] Sec. 47a-15. noncompliance by tenant, landlord’s remedies. Except in the ease in which the landlord elects to proceed under sections 47a-23 to 47a-23b, inclusive, to evict based on nonpayment of rent or based on conduct by the tenant which constitutes a serious nuisance, if there is a material noncompliance with section 47a-ll which materially affects the health and safety of the other tenants or materially affects the physical condition of the premises, or if there is a material noncompliance by the tenant with the rental agreement or a material noncompliance with the rules and regulations adopted in accordance with section 47a-9, the landlord may deliver a written notice to the tenant specifying the acts or omissions constituting the breach and that the rental agreement shall terminate upon a date not less than thirty days after receipt of the notice. If such breach can be remedied by repair by the tenant or