The owner of a women’s clothing store in New Canaan is seeking to dismiss his landlord’s attempted eviction by arguing the legal papers were improperly served.
According to a report on NewCanaanite.com, eviction papers were filed against Hamptonite at 7 Elm St. by the property’s owner, Petra Properties LLC, which stated that owner Kaiser Sharif stopped paying rent in February, even though the monthly rent had been reduced from its original $3,900 “as a result of Covid circumstances.”
However, Sharif’s attorney is seeking to dismiss the eviction notice because the person serving the papers is not on the latest list of Connecticut Judicial Department marshals and was not authorized to perform the action.
“That service was performed by an individual who did not identify himself as a state marshal but merely stated that he was authorized by law to service said papers,” the motion to dismiss complaint stated.
This is the second time in two years that Hamptonite has faced an eviction notice. In 2019, the store — then located at 136 Elm St. — was accused by its landlord of being four months behind on its rent. The store moved to its current location later that year.