A state Superior Court on Tuesday ordered a local business to pay the court $3,500 per month for continued use and occupancy of its commercial space on Elm Street while an eviction complaint is pending.
The women’s clothing store Hamptonite hasn’t paid rent since February, according to a complaint filed Sept. 10 by the owner of 7 Elm St.
The defendant, business owner Kaiser Sharif, is seeking to have the case dismissed. In a filing Monday, Sharif’s lawyer, Norwalk-based Abram J. Heisler, said in a Motion To Dismiss that his client was improperly served because a state marshal passed the summons “under the front door” into the business.
“This court lacks personal jurisdiction over this action because the summons seeking possession of a commercial enterprise was not served upon the person in charge or at the usual place of abode of the defendant,” Heisler said on behalf of Sharif.
The commercial building is owned by Petra Properties LLC, whose principal is listed in Connecticut Secretary of the State records as an Elm Street resident.
In its order granting the plaintiff’s Motion for Use and Occupancy Payments, the court said that the $3,5000 payments must be made by the fifth day of each month, starting Oct. 5.
“If you do not make a payment in accordance with this order, you will receive in the mail an order from the clerk to file your answer to the complaint,” the order said. “If you do not file your answer within four days from the date that the clerk’s order was mailed, judgment will be entered for the plaintiff.”
The store’s monthly rent had been reduced from its original $3,900 “as a result of COVID 19 circumstances,” according to the plaintiff’s complaint.
A remote hearing is scheduled for Oct. 7, court records show.
The women’s clothing store opened on upper Elm Street in 2016. The business in early 2019 faced eviction by a prior landlord for failing to pay rent for four months. Later that year, the shop moved closer to Main. A sign can be seen in the window of Hamptonite saying “Store closing sale. Everything must go. 70% off. Cash only.” Another sign in the door says “Fur sale.”
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