Berlingo v. Sterling Ocean House, Inc.

504 A.2d 516, 5 Conn. App. 302, 1985 Conn. App. LEXIS 1143
CourtConnecticut Appellate Court
DecidedSeptember 17, 1985
Docket3411
StatusPublished
Cited by16 cases

This text of 504 A.2d 516 (Berlingo v. Sterling Ocean House, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berlingo v. Sterling Ocean House, Inc., 504 A.2d 516, 5 Conn. App. 302, 1985 Conn. App. LEXIS 1143 (Colo. Ct. App. 1985).

Opinion

Spallone, J.

The defendant is appealing from the judgment for the plaintiff rendered in an action for forcible entry and detainer brought pursuant to General Statutes § 47a-43.2

The facts found may be summarized as follows: In January, 1980, the defendant entered into a long term lease with the Stamford Golf Authority (SGA) for certain premises located at the Sterling Farms Golf Course [304]*304and Recreational Complex. The leased premises consisted of a portion of the main clubhouse, where the defendant operated a restaurant, and a separate snack bar known as Halfway House. On August 13,1981, the plaintiff entered into a management agreement with the defendant under the terms of which the plaintiff would manage the snack bar located in the Halfway House. In accordance with the management agreement, the plaintiff operated the snack bar for the balance of the golfing season which ended on November 15,1981, the entire golfing season of 1982, that is from March 15, 1982, to November 15, 1982, and for part of the season of 1983.

On April 24, 1983, a fire occurred in the main clubhouse resulting in the closing of the restaurant operated by the defendant. On May 25, 1983, SGA held a special meeting and voted to terminate its lease with the defendant pursuant to a provision of the lease which provided for such action. After SGA terminated its lease with the defendant, SGA entered into a month-to-month lease with the plaintiff for the Halfway House premises. Thus, beginning in July and continuing through November 15,1983, the plaintiff operated the snack bar as a lessee of SGA, rather than as an employee of the defendant under the management agreement.

Shortly after the 1983 golfing season ended, the defendant and SGA entered into a new lease for the formerly leased premises including the Halfway House. By letter dated February 13,1984, the defendant purported to terminate its management agreement with the plaintiff. At that time, however, the plaintiff was still leasing the premises on a month-to-month basis from SGA. By letter dated March 22,1984, SGA notified the plaintiff that it was terminating its month-to-month lease with him and that he would “be afforded thirty (30) days from the receipt of [the] letter to relin[305]*305quish possession of the [Halfway House] and remove any property stored thereon.” On April 20, 1984, the plaintiff, without interference, entered the premises and removed his personal property. Three days after the plaintiff removed his personalty, SGA turned over possession of the Halfway House to the defendant.

On April 27, 1984, the plaintiff commenced this action of forcible entry and detainer against the defendant. After a trial to the court, judgment was rendered for the plaintiff and, upon the court’s denial of the defendant’s motion to reconsider and for a new trial, the court issued a writ of restitution restoring the plaintiff to possession of the subject premises.The defendant has appealed the action of the trial court, claiming, inter alia, that the court erred in not dismissing the action for lack of subject matter jurisdiction and in concluding that the evidence supported the plaintiff’s claim of forcible entry and detainer.

The defendant’s jurisdictional assertion that forcible entry and detainer does not lie where the property involved is a commercial establishment is without merit. We believe the defendant’s narrow view of the word “tenement” as used in General Statutes § 47a-43 is misplaced. “In its most extensive signification, the word comprehends everything which may be holden, provided it be of a permanent nature. In a more restricted sense, it is a house or building.” Ballentine’s Law Dictionary (3d Ed.). The historical purpose of entry and detainer statutes belies any such limitation on its availability with regard to commercial property.

“Under the ancient common law an owner dispossessed of his land had the right ... to retake it [by force and force of arms if necessary], but after a time the consequent evils seemed too serious to be endured. In the year 1381, a statute (5 Rich. II, Ch. 7) was passed which provided that ‘None from henceforth may make [306]*306any entry into any lands and tenements, but in ease where entry is given by law; and in such case not with strong hand, nor with multitude of people, but only in a peaceable and easy manner.’ Similar provisions were expressly adopted in the Colony of Connecticut in 1689 and in 1722, and in 1821 were in substance enacted by the legislature of the State in the statute now in force.” Orentlicherman v. Matarese, 99 Conn. 122, 125-26, 121 A. 275 (1923). General Statutes § 47a-43, our present statute, embodies these principles, making it unlawful for a dispossessed party to retake possession by force. An actual peaceable possession, however obtained, could not be put to an end without some process of law. Larkin v. Avery, 23 Conn. 304, 310 (1854). A dispossessed party may not take the law into his own hands and by force eject even a trespasser who is in actual peaceable possession. McAllin v. McAllin, 77 Conn. 398, 402, 59 A. 413 (1904). “ ‘There are several reasons why the law cannot suffer a forcible entry upon a peaceable possession . . . : First; Whoever assumes to make such an entry makes himself judge in his own cause, and enforces his own judgment. Second; He does this by the employment of force against a peaceable party. Third; As the other party must have an equal right to judge his own cause, and to employ force in giving effect to his judgment, a breach of the public peace would be invited, and any wrong, if redressed at all, would be redressed at the cost of a public disturbance, and perhaps of serious bodily injury to the parties.’ 2 Cooley on Torts (3d Ed.) 663.” Orentlicherman v. Matarese, supra, 126-27. Certainly, these principles are just as applicable to commercial as they are to noncommercial properties. It would be illogical to assume that a society would eschew violence where private dwellings are involved but would tolerate violence with respect to the re-entry into commercial property. We hold that a broad, extensive definition [307]*307of “tenement,” particularly as used in our statute, that is “any land, tenement or dwelling unit,” is a rational interpretation of the statute and gives efficacy to the public purpose expressed by the statute, which is the outlawing of the use of force in the assertion of a person’s right in real property, regardless of the use to which the property is put. The court did not err in concluding that it had jurisdiction to hear the matter.

We agree with the trial court’s conclusion that the plaintiff’s claim of forcible entry and detainer was proven. The fundamental and controlling factor is whether the plaintiff was in actual possession at the time of the entry by the defendant. Communiter Break Co. v. Seinto, 196 Conn. 390, 393, 493 A.2d 182 (1985).

The plaintiffs possession is predicated on his relationship with SGA. Their relationship was that of landlord-tenant and arose out of an admitted month-to-month rental. The crux of the matter lies in the fact that a lease is a contract. In the case of a rental on a month-to-month basis, the tenancy is not regarded as a continuous one. The tenancy for each month is one separate from that of every other month. Corrigan v. Antupit, 131 Conn. 71, 76,

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Berlingo v. Sterling Ocean House, Inc.
505 A.2d 1249 (Supreme Court of Connecticut, 1986)

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504 A.2d 516, 5 Conn. App. 302, 1985 Conn. App. LEXIS 1143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berlingo-v-sterling-ocean-house-inc-connappct-1985.