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The Leasing Hotline

By ALM Staff | Law Journal Newsletters |
February 27, 2008

Abandonment of Premises

A tenant that abandons the premises may be required to reimburse the
landlord for unpaid rent and other charges. KFP Family Limited Partnership v. We Rent Minivans, LLC, CV054016915S, Superior Court of Connecticut, Judicial District of New Haven at New Haven, June 21, 2007.

The tenant made monthly payments on premises owned by the landlord under an assignment of lease. The tenant then stopped making payments, and the landlord commenced an action for unpaid rent. The tenant argued that the premises were uninhabitable due to a defective floor and the accumulation of mold in the basement. The tenant testified that it sent notice to the landlord regarding the floor, but was unable to produce a copy of the letter. The court held that the tenant failed to produce sufficient evidence to show that the premises were uninhabitable and awarded the landlord rent, unpaid taxes, and other expenses. It found that the landlord had made the repairs within a reasonable amount of time and that the tenant had abandoned the premises.

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