Kligerman v. Robinson
| Decision Date | 28 July 1953 |
| Court | Connecticut Supreme Court |
| Parties | KLIGERMAN v. ROBINSON. Supreme Court of Errors of Connecticut |
Nelson Harris, New Haven, with whom, on the brief, was Charles G. Albom, New Haven, for plaintiff in error.
No appearance for the defendant in error.
Before BROWN, C. J., and BALDWIN, INGLIS, O'SULLIVAN and CORNELL, JJ.
The plaintiff in error, herein referred to as the landlord, instituted an action of summary process in the City Court of New Haven against the defendant in error, hereinafter referred to as the tenant. The court gave judgment to the tenant and the landlord brought this writ of error. The sole question is whether a tenant under a month-to-month lease is excused from tendering each month the amount of the rental he claims is due but which the landlord had refused to accept when it was tendered for several months preceding.
The bill of exceptions discloses the following facts: In 1948, the tenant, a student of architecture at Yale, rented from the landlord a third floor studio on an oral month-to-month agreement for a monthly rental of $70. The ceiling rental registered with the area rental office was $50 a month. The tenant tendered this amount each month from March through August, 1952. The landlord refused to accept it, claiming that the premises were being used for business purposes and were not subject to rent control. The tenant made no tender of the rent for the months of September and October, 1952. On October 10, the landlord served a notice to quit. On October 16, the tenant offered a check to pay the rent at the rate of $50 a month for the months of September and October, which the landlord refused. On October 20, she brought an action for summary process in the City Court. The court concluded, after a hearing, that the refusal of the landlord to accept the tender made by the tenant for the months of March through August excused the tenant from making any further tender and rendered judgment for the tenant.
A parol lease for an indefinite period reserving a monthly rental is a lease for one month only. General Statutes § 7106; Webb v. Ambler, 125 Conn. 543, 551, 7 A.2d 228; Corbett v. Cochrane, 67 Conn. 570, 576, 35 A. 509. The tenancy for each month is separate and distinct from that of every other month. Welk v. Bidwell, 136 Conn. 603, 607, 73 A.2d 295. There is a new contract of leasing for each successive month, DiCostanzo v. Tripodi, 137 Conn. 513, 515, 78 A.2d 890; and the right of...
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Waterbury Twin v. Renal Treatment Centers
...notice to quit ... the landlord performed an act which was sufficiently unequivocal to terminate the tenancy"); Kligerman v. Robinson, 140 Conn. 219, 222, 99 A.2d 186 (1953) ("While the tenant's nonpayment of rent did not automatically terminate the lease, his failure to make a tender for [......
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State v. Jacques
...shall give notice to each lessee or occupant to quit possession or occupancy of such ... apartment"); see also Kligerman v. Robinson , 140 Conn. 219, 222, 99 A.2d 186 (1953) ("While the tenant's nonpayment of rent did not automatically terminate the lease, his failure to make a tender for t......
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Presidential Vill., LLC v. Perkins
...515, 78 A.2d 890 [ (1951) ] ; and the right of tenancy ends with that month for which the rent has been paid." Kligerman v. Robinson , 140 Conn. 219, 221, 99 A.2d 186 (1953). Each month is a separate contract. Id. Our summary process law modifies the common law by permitting a landlord to t......
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Matter of Curio Shoppes, Inc., Bankruptcy No. 2-85-00171.
...upon default, Bowman v. Foot, 29 Conn. 331, 339 (1860), or by serving upon the tenant a statutory notice to quit, Kligerman v. Robinson, 140 Conn. 219, 222, 99 A.2d 186 (1953). In Connecticut, no other method has yet been ruled sufficient to terminate a lease. No case supports the landlord'......