Opinion
No. NBSP-42519.
February 22, 2007.
MEMORANDUM OF DECISION REQUEST FOR EXECUTION
I STATEMENT OF CASE
This is a summary process action based on nonpayment of rent between the plaintiff-tenant and the defendants-subtenants. The owner of the premises in question, Robert Nocera, is not a party to this case.
On February 10, 2005, after trial, the court entered judgment for plaintiff for immediate possession. The decision was appealed. On January 31, 2006, the Appellate Court affirmed the judgment. Wagner and Wagner Auto Sales, Inc. v. Kathleen B. Tarro et ai, 93 Conn. App. 376, 889 A.2d 875 (2006). On January 16, 2007, the Supreme Court dismissed the appeal. Wagner and Wagner Auto Sales, Inc. v. Kathleen B. Tarro et ai, 281 Conn. 64 (2007). The plaintiff requested an execution on February 15, 2007. On February 20, 2007, the defendants filed an objection to execution on the grounds that the plaintiff has no interest, in the property. The matter was heard on February 22, 2007.
II DISCUSSION
General Statutes § 47a-42a, entitled "Eviction of tenant and occupants from commercial property. Disposition of unclaimed possessions and personal effects," provides:
(a) Whenever a judgment is entered against a defendant pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d for the possession or occupancy of nonresidential property, such defendant and any other occupant bound by the judgment by subsection (a) of section 47a-26h shall forthwith remove himself or herself, such defendant's or occupant's possessions and all personal effects unless execution has been stayed pursuant to sections 47a-35 to 47a-41, inclusive. If execution has been stayed, such defendant or occupant shall forthwith remove himself or herself, such defendant's or occupant's possessions and all personal effects upon the expiration of any stay of execution. If the defendant or occupant has not so removed himself or herself upon entry of a judgment pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d, and upon expiration of any stay of execution, the plaintiff may obtain an execution upon such summary process judgment, and the defendant or other occupant bound by the judgment by subsection (a) of section 47a-26h and the possessions and personal effects of such defendant or other occupant may be removed as provided in this section.
(b) The state marshal charged with executing upon any such summary process judgment shall, at least twenty-four hours prior to the date and time of the eviction, use reasonable efforts to locate and notify the defendant or occupant of the date and time such eviction is to take place. Such notice shall include service upon each defendant and upon any other person in occupancy, either personally or at the premises, of a true copy of the summary process execution. Such execution shall be on a form prescribed by the Judicial Department, shall be in clear and simple language and in readable format, and shall contain, in addition to other notices given to the defendant or occupant in the execution, a conspicuous notice, in large boldface type, that a person who claims to have a right to continue to occupy the premises should immediately contact an attorney. Such execution shall contain a notice advising the defendant or occupant that if he or she does not remove such defendant's or occupant's possessions and personal effects from the premises by the date and time set for the eviction and thereafter fails to claim such possessions and personal effects from the landlord and pay any removal and storage costs within fifteen days after the date of such eviction, such possessions and personal effects will be forfeited to the landlord.
(c) The state marshal who served the execution upon the defendant or occupant as provided in subsection (b) of this section shall return to the premises at the date and time such eviction is to take place. If the defendant or occupant has not removed himself or herself from the premises, the state marshal shall remove such defendant or occupant. If the defendant or occupant has not removed such defendant's or occupant's possessions and personal effects from the premises, the plaintiff, in the presence of the state marshal, shall prepare an inventory of such possessions and personal effects and provide a copy of such inventory to the state marshal. The plaintiff shall remove and store such possessions or personal effects or shall store the same in the premises. Such removal and storage or storage in the premises shall be at the expense of the defendant. If such possessions and effects are not called for by the defendant or occupant and the expense of such removal and storage or storage in the premises is not paid to the plaintiff within fifteen days after such eviction, the defendant or occupant shall forfeit such possessions and personal effects to the plaintiff and the plaintiff may dispose of them as the plaintiff deems appropriate.
In support of the request for execution, the plaintiff argues that it still has an interest in the property, and an execution should issue now that all appeals have been exhausted. The defendants object on the grounds that the plaintiff has no interest in the property.
In this case, the plaintiff sub-leased the property to the defendants. Even though the plaintiff is no longer occupying the premises, the plaintiff is a proper party and still has a legal interest in the case and in the premises. The plaintiff has won a judgment against the defendants giving the plaintiff possession of the premises. The defendants have exhausted all their appeals. The judgment for plaintiff for immediate possession is final. The statutory stay of execution has expired. The defendants have not removed themselves from the premises. Under General Statutes § 47a-42a, the plaintiff is entitled to proceed with the eviction and obtain an execution.
III CONCLUSION AND ORDER
For the above-stated reasons, the court enters the following orders. The defendants' objection to execution is overruled. The plaintiffs request for an execution is granted. The plaintiff must return the satisfied execution to the court.