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Landlord/Tenant Law Appellate Court Opinion

by Zigadto, Janet

 

AC45077 - J. M. v. E. M. ("In this summary process action based on nonpayment of rent, the plaintiff landlord, J. M., appeals from the judgment of the trial court dismissing the action in favor of the defendant tenant, E. M. On appeal, the plaintiff claims that (1) the court incorrectly found that he had reinstated the tenancy by accepting the defendant's tendered payments labeled as 'rent' after service of the notice and after the quit date specified in the notice to quit despite the fact that the notice to quit included a use and occupancy disclaimer and (2) the court's determination also was improper because the governor's executive orders affecting eviction proceedings during the COVID-19 pandemic required that any use and occupancy disclaimer in the notice to quit not be effective until thirty days after the notice was served and required the plaintiff to accept rent payments during that thirty day period. The plaintiff further requests that this court adjudicate the merits of the defendant's affirmative defenses to the summary process action, notwithstanding that the court did not reach the merits of those defenses. We affirm the judgment of the trial court.")