Opinion
No. SNSP-031882
October 27, 2005
MEMORANDUM OF DECISION
The issue presented in this case is whether or not a "Kapa Notice" is required in connection with the termination of a commercial lease. This court finds that the provisions of Conn. Gen. Stat. 47a-15 do not apply to commercial tenancies and, accordingly, the failure to supply such notice is not grounds for a motion to dismiss. This court is aware of the recent decision by Judge Epstein in the case of DeCarli v. Boileau, 2005 Ct.Sup. 11940, 39 CLR 741 (Docket No. CV 05 4002696) and disagrees with its reasoning and conclusions. The statutory provisions cited in that case for the proposition that Chapter 830 in its entirety applies to commercial leases are very specific and limited in their nature. Conn. Gen. Stat. Sections 47a-4b and 47a-11c are limited instances that apply to commercial leases. The clear and unambiguous language of Conn. Gen. Stat. Sections 47a-1 and 47a-15 limits the application of 47a-15 (and many other sections of chapter 830) to dwelling units only.
Kapa Associates v. Flores, 35 Conn.Sup. 274 (1979).
Accordingly, the motion to dismiss is denied.