clean hands to a tenant seeking doctrine (Connecticut) · Go Syfert
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clean hands to a tenant seeking doctrine in Connecticut

13 Connecticut opinions name it 3 courts 1991–2021 1 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Fellows v. Martingreen
conn · 1991 · cited in 9 Connecticut opinions naming this issue, 1991–2021
2 sentences

2021We noted the general principle that ‘‘[a] court of equity will apply the doctrine of clean hands to a tenant seeking . . . equitable relief; thus, a tenant whose breach was [wilful] or grossly negligent will not be entitled to relief.’’ (Inter- nal quotation marks omitted.) Id., 67 .

2017The court in Fellows also made clear, however, that "[a] court of equity will apply the doctrine of clean hands to a tenant seeking such equitable relief; thus, a tenant whose breach was 'wilful' or 'grossly negligent' will not be entitled to relief." Id., at 67 , 584 A.2d 458 .

19
Fairchild Heights, Inc. v. Dickalgreen
connappct · 2009 · cited in 1 Connecticut opinions naming this issue, 2021–2021
2 sentences

2021Without foreclosing the likelihood that this question may not be susceptible to a categorical answer applicable to all cases and all circumstances, we have no difficulty answering it in the affirmative in the present case, on this record, given the trial court’s finding that the defen- dants’ purported reason for withholding rent—their concerns about environmental contamination—was ‘‘pretextual.’’ ‘‘A court of equity will apply the doctrine of clean hands to a tenant seeking . . . equitable relief; thus, a tenant whose breach was [wilful] or grossly negligent will not be entitled to relief.’’

2021Without foreclosing the likelihood that this question may not be susceptible to a categorical answer applicable to all cases and all circumstances, we have no difficulty answering it in the affirmative in the present case, on this record, given the trial court’s finding that the defen- dants’ purported reason for withholding rent—their concerns about environmental contamination—was ‘‘pretextual.’’ ‘‘A court of equity will apply the doctrine of clean hands to a tenant seeking . . . equitable relief; thus, a tenant whose breach was [wilful] or grossly negligent will not be entitled to relief.’’

11
Fairchild Heights, Inc. v. Dickalgreen
conn · 2012 · cited in 1 Connecticut opinions naming this issue, 2021–2021
2 sentences

2021Without foreclosing the likelihood that this question may not be susceptible to a categorical answer applicable to all cases and all circumstances, we have no difficulty answering it in the affirmative in the present case, on this record, given the trial court’s finding that the defen- dants’ purported reason for withholding rent—their concerns about environmental contamination—was ‘‘pretextual.’’ ‘‘A court of equity will apply the doctrine of clean hands to a tenant seeking . . . equitable relief; thus, a tenant whose breach was [wilful] or grossly negligent will not be entitled to relief.’’

2021Without foreclosing the likelihood that this question may not be susceptible to a categorical answer applicable to all cases and all circumstances, we have no difficulty answering it in the affirmative in the present case, on this record, given the trial court’s finding that the defen- dants’ purported reason for withholding rent—their concerns about environmental contamination—was ‘‘pretextual.’’ ‘‘A court of equity will apply the doctrine of clean hands to a tenant seeking . . . equitable relief; thus, a tenant whose breach was [wilful] or grossly negligent will not be entitled to relief.’’

11
BNY Western Trust v. Romangreen
conn · 2010 · cited in 1 Connecticut opinions naming this issue, 2019–2019
2 sentences

2019This enumerated test, formulated from the holding in Fellows, is stated in the conjunctive, and, therefore, the failure of any prong of that test means that equitable relief is unavail- able.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) Cathedral Green, Inc. v. Hughes, supra, 174 Conn. App. 620–21; see also BNY Western Trust v. Roman, 295 Conn. 194 , 207 n.11, 990 A.2d 853 (2010) (limiting appellate review to one ele- ment of applicable conjunctive test); Berzins v. Ber- zins, 105 Conn. App. 648, 654 , 938 A.2d 1281 (same), cert. denied, 289 Conn. 932 , 958 A.2d 1

2019This enumerated test, formulated from the holding in Fellows, is stated in the conjunctive, and, therefore, the failure of any prong of that test means that equitable relief is unavail- able.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) Cathedral Green, Inc. v. Hughes, supra, 174 Conn. App. 620–21; see also BNY Western Trust v. Roman, 295 Conn. 194 , 207 n.11, 990 A.2d 853 (2010) (limiting appellate review to one ele- ment of applicable conjunctive test); Berzins v. Ber- zins, 105 Conn. App. 648, 654 , 938 A.2d 1281 (same), cert. denied, 289 Conn. 932 , 958 A.2d 1

11
Mobilia, Inc. v. Santosgreen
connappct · 1985 · cited in 1 Connecticut opinions naming this issue, 1996–1996
2 sentences

1996See also Mobilia, Inc. v. Santos , 4 Conn. App. 128 , 131 , 492 A.2d 544 (1985) ("[a] court may enjoin a forfeiture of a lease based on technical grounds to relieve a party against forfeitures and penalties not occasioned by his wilful neglect, upon the principle that one having a legal right shall not be permitted to avail himself of it for the purpose of injustice or oppression").

1996See also Mobilia, Inc. v. Santos , 4 Conn. App. 128 , 131 , 492 A.2d 544 (1985) ("[a] court may enjoin a forfeiture of a lease based on technical grounds to relieve a party against forfeitures and penalties not occasioned by his wilful neglect, upon the principle that one having a legal right shall not be permitted to avail himself of it for the purpose of injustice or oppression").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Thompson v. Orcutt green
conn · 2001
2 sentences

2021It is axiomatic that, ‘‘[when] a [party] seeks equitable relief, he must show that his conduct has been fair, equitable and honest as to the particular contro- versy in issue.’’ (Internal quotation marks omitted.) Thomp- son v. Orcutt, 257 Conn. 301, 310 , 777 A.2d 670 (2001).

2021It is axiomatic that, ‘‘[when] a [party] seeks equitable relief, he must show that his conduct has been fair, equitable and honest as to the particular contro- versy in issue.’’ (Internal quotation marks omitted.) Thomp- son v. Orcutt, 257 Conn. 301, 310 , 777 A.2d 670 (2001).

12021–2021
Labow v. Labow green
conn · 2008
1 sentence

2019This enumerated test, formulated from the holding in Fellows, is stated in the conjunctive, and, therefore, the failure of any prong of that test means that equitable relief is unavail- able.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) Cathedral Green, Inc. v. Hughes, supra, 174 Conn. App. 620–21; see also BNY Western Trust v. Roman, 295 Conn. 194 , 207 n.11, 990 A.2d 853 (2010) (limiting appellate review to one ele- ment of applicable conjunctive test); Berzins v. Ber- zins, 105 Conn. App. 648, 654 , 938 A.2d 1281 (same), cert. denied, 289 Conn. 932 , 958 A.2d 1

12019–2019
Astoria Federal Mortgage Corporation v. Matschke green
conn · 2008
1 sentence

2019This enumerated test, formulated from the holding in Fellows, is stated in the conjunctive, and, therefore, the failure of any prong of that test means that equitable relief is unavail- able.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) Cathedral Green, Inc. v. Hughes, supra, 174 Conn. App. 620–21; see also BNY Western Trust v. Roman, 295 Conn. 194 , 207 n.11, 990 A.2d 853 (2010) (limiting appellate review to one ele- ment of applicable conjunctive test); Berzins v. Ber- zins, 105 Conn. App. 648, 654 , 938 A.2d 1281 (same), cert. denied, 289 Conn. 932 , 958 A.2d 1

12019–2019
Berzins v. Berzins green
connappct · 2008
2 sentences

2019This enumerated test, formulated from the holding in Fellows, is stated in the conjunctive, and, therefore, the failure of any prong of that test means that equitable relief is unavail- able.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) Cathedral Green, Inc. v. Hughes, supra, 174 Conn. App. 620–21; see also BNY Western Trust v. Roman, 295 Conn. 194 , 207 n.11, 990 A.2d 853 (2010) (limiting appellate review to one ele- ment of applicable conjunctive test); Berzins v. Ber- zins, 105 Conn. App. 648, 654 , 938 A.2d 1281 (same), cert. denied, 289 Conn. 932 , 958 A.2d 1

2019This enumerated test, formulated from the holding in Fellows, is stated in the conjunctive, and, therefore, the failure of any prong of that test means that equitable relief is unavail- able.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) Cathedral Green, Inc. v. Hughes, supra, 174 Conn. App. 620–21; see also BNY Western Trust v. Roman, 295 Conn. 194 , 207 n.11, 990 A.2d 853 (2010) (limiting appellate review to one ele- ment of applicable conjunctive test); Berzins v. Ber- zins, 105 Conn. App. 648, 654 , 938 A.2d 1281 (same), cert. denied, 289 Conn. 932 , 958 A.2d 1

12019–2019
Cumberland Farms, Inc. v. Dairy Mart, Inc. green
conn · 1993
2 sentences

2017Accordingly, Fellows established that an equitable nonforfeiture defense can succeed only if "(1) the tenant's breach was not [wilful] or grossly negligent; (2) upon eviction the tenant will suffer a loss wholly disproportionate to the injury to the landlord; and (3) the landlord's injury is reparable." (Emphasis added.) Cumberland Farms, Inc. v. Dairy Mart, Inc. , 225 Conn. 771 , 778, 627 A.2d 386 (1993), citing Fellows v. Martin , supra, 217 Conn. at 66 -67 , 584 A.2d 458 .

2017Accordingly, Fellows established that an equitable nonforfeiture defense can succeed only if "(1) the tenant's breach was not [wilful] or grossly negligent; (2) upon eviction the tenant will suffer a loss wholly disproportionate to the injury to the landlord; and (3) the landlord's injury is reparable." (Emphasis added.) Cumberland Farms, Inc. v. Dairy Mart, Inc. , 225 Conn. 771 , 778, 627 A.2d 386 (1993), citing Fellows v. Martin , supra, 217 Conn. at 66 -67 , 584 A.2d 458 .

12017–2017
Klinger v. Commissioner of Correction green
conn · 2006
1 sentence

2009The clean hands doctrine “expresses the principle that where a plaintiff seeks equitable relief, he must show that his conduct has been fair, equitable and honest as to the particular controversy in issue.” Emigrant Mortgage Corp. v. D’Agostino, 94 Conn. App. 793, 804 , *179 896 A.2d 814 , cert. denied, 278 Conn. 919 , 901 A.2d 43 (2006).

12009–2009
Emigrant Mortgage Company, Inc. v. D'Agostino green
conn · 2006
1 sentence

2009The clean hands doctrine “expresses the principle that where a plaintiff seeks equitable relief, he must show that his conduct has been fair, equitable and honest as to the particular controversy in issue.” Emigrant Mortgage Corp. v. D’Agostino, 94 Conn. App. 793, 804 , *179 896 A.2d 814 , cert. denied, 278 Conn. 919 , 901 A.2d 43 (2006).

12009–2009
Emigrant Mortg., Co., Inc. v. D'Agostino green
connappct · 2006
2 sentences

2009The clean hands doctrine “expresses the principle that where a plaintiff seeks equitable relief, he must show that his conduct has been fair, equitable and honest as to the particular controversy in issue.” Emigrant Mortgage Corp. v. D’Agostino, 94 Conn. App. 793, 804 , *179 896 A.2d 814 , cert. denied, 278 Conn. 919 , 901 A.2d 43 (2006).

2009The clean hands doctrine “expresses the principle that where a plaintiff seeks equitable relief, he must show that his conduct has been fair, equitable and honest as to the particular controversy in issue.” Emigrant Mortgage Corp. v. D’Agostino, 94 Conn. App. 793, 804 , *179 896 A.2d 814 , cert. denied, 278 Conn. 919 , 901 A.2d 43 (2006).

12009–2009
F. B. Fountain Co. v. Stein green
conn · 1922
2 sentences

1991We applied a similar balanc ing test in two landlord-tenant cases, Fountain Co. v. Stein, 97 Conn. 619, 624 , 118 A. 47 (1922) (a lease renewal case), and Nicoli v. Frouge Corporation, supra, 247 (a breach of covenant case). 10 A court of equity will apply the doctrine of clean hands to a tenant seeking such equitable relief; thus, a tenant whose breach was “willful” or “grossly negligent” will not be entitled to relief.

1991We applied a similar balanc ing test in two landlord-tenant cases, Fountain Co. v. Stein, 97 Conn. 619, 624 , 118 A. 47 (1922) (a lease renewal case), and Nicoli v. Frouge Corporation, supra, 247 (a breach of covenant case). 10 A court of equity will apply the doctrine of clean hands to a tenant seeking such equitable relief; thus, a tenant whose breach was “willful” or “grossly negligent” will not be entitled to relief.

11991–1991

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