PER CURIAM.
The defendant in this summary process action, James Barnett,
The following facts and procedural history are relevant to the defendant's appeal.
The defendant paid his first month's rent in the amount of $1650 on July 1, 2008. He failed to pay rent during the remaining term of the lease. On or about October 14, 2008, the plaintiff served the defendant with notice to quit possession of the property by October 28, 2008. The defendant failed to quit possession, and on October 30, 2008, the plaintiff instituted summary process proceedings against him.
The defendant's answer denied the allegations of the complaint, except to leave the plaintiff to his proof as to whether the plaintiff caused a notice to quit to be served on the defendant. The defendant admitted that he still occupies the subject premises. He filed three special defenses, arguing, inter alia, fraudulent inducement as to the purchase and sale agreement and the lease, and claiming that the lease was illegal and against public policy.
After a three day trial, the court rendered judgment of possession in favor of the plaintiff. The defendant filed this timely appeal on September 3, 2009. The sole issue on appeal is whether the court properly found that the defendant breached the lease by failing to pay rent without justification under a valid special defense.
We begin our analysis with the applicable standard of review. Whether the court properly found that the defendant breached the lease by failing to tender
In order to prevail in a summary process action alleging nonpayment of rent, a landlord must show that the tenant failed to tender rent prior to the service of the notice to quit. Mayron's Bake Shops, Inc. v. Arrow Stores, Inc., 149 Conn. 149, 156, 176 A.2d 574 (1961). The decision of the court reflects findings that (1) both parties entered into the written lease agreement, (2) the defendant maintained possession of the premises pursuant to this lease, (3) the defendant understood his duty to pay monthly rent in the amount of $1650 and (4) after the first month, the defendant failed to pay rent. Thereafter, when the defendant was already in significant arrears, the plaintiff followed the proper procedure for a summary process action by serving the defendant a notice to quit and subsequently filing the present action. The court's findings are supported by an abundance of evidence in the record, including the defendant's own testimony that he understood he had to pay rent for one year and simply failed to do so. The plaintiff has met his burden and complied with the procedural hurdles required in a summary process action.
On appeal, the defendant does not contend that he paid rent but, instead, focuses on the special defenses he raised. He claims that the judgment of the court should be overturned because (1) the transaction was unconscionable, (2) he should be protected by the equitable doctrine against forfeiture and (3) the transaction was fraudulent. The defendant argues that we should review the lease "in light of the whole transaction" or "based upon the totality of facts and circumstances" and refers to deceit underlying the "whole transaction." We limit our review, as the trial court did, to the lease document and express no opinion on the propriety of the other agreements between the parties. We agree with the trial court that the defendant did not produce any evidence that the lease, read as a solitary document, was subject to the defenses raised.
The judgment is affirmed.
The pleadings allege only a summary process action. The defendant did not file any counterclaim and acknowledges, in response to questioning during oral argument, that he may pursue litigation challenging the other contracts in another action. Accordingly, we decline to review the defendant's allegations to the extent that he requests us to look beyond the lease qua lease.