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Landlord/Tenant Law Appellate Court Opinion

by Zigadto, Janet

 

AC46943 - 914 North Colony, LLC v. 99 West, LLC ("The plaintiff, 914 North Colony, LLC, appeals from the judgment of the trial court dismissing its summary process action against the defendant, 99 West, LLC. On appeal, the plaintiff claims that the court improperly concluded that the plaintiff had reinstated the tenancy by accepting the defendant's tendered payments after service of the notice to quit, despite the fact that the notice to quit included a use and occupancy disclaimer. We disagree with the plaintiff's characterization of the court's judgment and conclude that the court properly found that the plaintiff's actions rendered the notice to quit equivocal, thereby depriving the court of subject matter jurisdiction over the summary process action. Accordingly, we affirm the judgment of the trial court.")