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!
1 ANSWER
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