Conn. Tenant Wins on Common Law Constructive Eviction Defense

HARTFORD, Conn. - Connecticut's Appellate Court on May 30 affirmed a trial court's finding of constructive eviction, rejecting the landlord's contention that statutory criteria, rather than common law, should have been applied. Welsch v. Groat, No. AC 26665 (Conn. App. Ct.).

The Appellate Court also ruled that the lower court could find for the defendant tenant even in the absence of expert testimony on mold issues.

James R. Welsch sued tenant Michael Groat for breach of lease after Groat and his family vacated a single family residence in Old Saybrook, Conn., two months after signing a one-year lease.

Groat …