QUESTION

How would a motion to strike be useful?

Asked on Oct 10th, 2021 on Landlord and Tenant Law - Connecticut
More details to this question:
I am involved in a summary process due to nonpayment of rent by my tenant. The tenant included a special defense in the answer to the complaint. Item (3) in CGS 47a-20a states that an action is not retaliatory if "the condition complained of was caused by the wilful actions of the tenant or another person in his household or a person on the premises with his consent." And Mobilia, Inc. v. Santos, 4 Conn. App. 128 (1985) agrees that nonpayment of rent is not retaliatory under this statute. I am trying to understand how a motion to strike this special defense might be better than raising the issue during the trial. One drawback I see is that according to the Conn. Practice Book, "Any adverse party shall have thirty days from the filing of the motion to strike to respond to a motion to strike," which would add a delay. Thank you for any information and insight!
Report Abuse

1 ANSWER

Personal Injury Attorney serving Stratford, CT
4 Awards
You are choosing to represent yourself in one of the most affordable legal arenas: Housing Court. The best advice to give you is to tell you to hire an experienced landlord/tenant attorney to prosecute this matter for you.  Remember the old adage about having yourself as a client. Its true.  Good luck and feel free to contact us if we can assist. 203-870-6700
Answered on Oct 19th, 2021 at 10:43 AM

Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters