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Connecticut

Welcome to the legal page for the state of Connecticut. We have transferred the Landlord Tenant laws straight from the Connecticut legislature to resolve any questions you may have. 

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Common Rule of Law in Real Estate

In real estate law, real property (also known as realty, real estate, or immovable property) refers to property that is intrinsically linked to land. It also includes buildings, machines, and equipment attached to the land. In the United States, each State (with the notable exception of Louisiana) regulates and legally protects real estate primarily through common law and real estate law.

The common law and real estate law regulate the liability of an owner in regard to the safety of a third person party on their property. Within the common law, there are three different types of third parties that can be found on land. The liabilities associated for a landowner vary greatly depending on the status of the third person party. Contact real estate lawyers for legal advice and assistance.

 

Trespasser

 

A trespasser is defined in common law as a third person party that enters a property without the knowledge or invitation of a landowner for personal purposes. Landowners typically have no duty to warn adult trespassers of dangers on a property or to make their property safe for adult trespassers. Although the duty is lighter than for a licensee or an invitee, a landowner is responsible to ensure the safety of the property if the owner believes trespassers could be on the property, especially in the case of children.

In the case of child trespassers, the owner is held to a higher standard in protecting the child from harm by ensuring the safety the property. Properties that might boast features that would attract child trespassers, such as ponds or pools, are often required to ensure the safety of their property to a higher degree.

Licensee

A licensee is defined in common law as a third person party that is invited on to and remains on a property for any reason other than a commercial or business reason. Thus, a guest would be a licensee, and not an invitee. Licensees are protected more than trespassers, and the landowner owes a higher degree of duty in maintaining the safety of a property and warning licensees of the dangers on a property.

Property owners are often found liable under real estate law and common law for damage or harm to a licensee or a licensee's property if the owner neglected to ensure the safety of a known danger on the property, failed to inform the licensee of the dangers on a property, or if a licensee did not have a reasonable understanding or notice of the dangers on a property.

Invitee

An invitee is defined in common law as a third person party that is invited on to and remains on a property for business or commercial purposes that will benefit the owner of the property. These invitations could be either implicit or explicit. For example, "open" signs and open doors are both considered invitations for these purposes.

Invitees are protected with the highest regard and owners have the highest liability to this class of third person parties. If the risk of harm or damage for an invitee or an invitee's property is considered unreasonable and the unsafe conditions of the property are explicitly known and understood by the owner, the owner must protect the invitee from any harm or damage. Invitees can also be classified as public invitees in real estate law, where their presence is legitimized by the use of a land for a public purpose.

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List of Counties in Connecticut

  • Fairfield County, CT

  • Hartford County, CT

  • Litchfield County, CT

  • Middlesex County, CT

  • New Haven County, CT

  • New London County, CT

  • Tolland County, CT

  • Windham County, CT

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Table of Contents

Sec. 47a-1. Definitions.

 

Sec. 47a-2. Arrangements exempted from application of title. Applicability of title to mobile manufactured homes and home parks. Transient occupancy in hotel, motel or similar lodging.

 

Sec. 47a-2a. Transferred

 

Sec. 47a-3. Rental agreement: Permissible terms.

 

Sec. 47a-3a. Rental agreement: Payment of rent. Written receipt for cash payment.

 

Sec. 47a-3b. Rental agreement: Term of tenancy in absence of agreement.

 

Sec. 47a-3c. Payment in absence of rental agreement.

 

Sec. 47a-3d. (Formerly Sec. 47-22). Holding over not evidence of new lease. Determination of monthly lease.

 

Sec. 47a-3e. Notice to potential tenant when dwelling unit located in common interest community.

 

Sec. 47a-3f. Rental agreement: Notice re operative fire sprinkler system.

 

Sec. 47a-4. Terms prohibited in rental agreement.

 

Sec. 47a-4a. Effect of failure to comply with section 47a-7.

 

Sec. 47a-4b. (Formerly Sec. 53-303g). Commercial leases. Certain provisions void.

 

Sec. 47a-4c. Landlord prohibited from requiring electronic funds transfer as exclusive form of payment.

 

Sec. 47a-5. (Formerly Sec. 47-24a). Penalty for allowing occupancy without certificate of occupancy.

 

Sec. 47a-6. Identification of landlord.

 

Sec. 47a-6a. Filing in designated municipal office of residential address of nonresident landlord.

 

Sec. 47a-6b. Civil penalties for failure to file residential address of nonresident landlord.

 

Sec. 47a-7. Landlord's responsibilities.

 

Sec. 47a-7a. Landlord and tenant responsibilities re bed bug infestations. Definitions. Notification to landlord. Inspection. Treatment. Liability of landlord. Injunction against tenant.

 

Sec. 47a-8. (Formerly Sec. 47-24c). Paint not conforming to standards renders property unfit.

 

Sec. 47a-9. Landlord rules and regulations.

 

Sec. 47a-10. Termination of responsibility.

 

Sec. 47a-11. Tenant's responsibilities.

 

Sec. 47a-11a. Abandonment of unit by tenant.

 

Sec. 47a-11b. Abandonment of unit by occupants. Landlord's remedies.

 

Sec. 47a-11c. Breach of rental agreement by tenant. Measure of damages.

 

Sec. 47a-11d. Death of tenant. Landlord's remedies.

 

Sec. 47a-11e. Termination of rental agreement by tenant who is a victim of family violence or sexual assault.

 

Sec. 47a-12. Breach of agreement by landlord. Tenant's remedies.

 

Sec. 47a-13. Failure of landlord to supply essential services. Tenant's remedies.

 

Sec. 47a-13a. Implementation of energy conservation measures by tenant.

 

Sec. 47a-14. Damage or destruction of unit. Tenant's remedies.

 

Sec. 47a-14a. (Formerly Sec. 19-347k). Action for private receivership of tenement house. Complaint. Notice of action.

 

Sec. 47a-14b. (Formerly Sec. 19-347l). Tenement receivership: Hearing by referee; judgment; no right to jury trial.

 

Sec. 47a-14c. (Formerly Sec. 19-347m). Tenement receivership: Defense.

 

Sec. 47a-14d. (Formerly Sec. 19-347n). Tenement receivership: Judgment.

 

Sec. 47a-14e. (Formerly Sec. 19-347o). Tenement receivership: Owner's right to collect rent moneys.

 

Sec. 47a-14f. (Formerly Sec. 19-347p). Tenement receivership: Order to remove or remedy conditions in lieu of judgment; application for hearing for judgment.

 

Sec. 47a-14g. (Formerly Sec. 19-347q). Tenement receivership: Judgment and appointment of receiver after failure to comply with order.

 

Sec. 47a-14h. Action by individual tenant to enforce landlord's responsibilities. Payment of rent into court.

 

Sec. 47a-15. Noncompliance by tenant. Remedy of breach by tenant. Landlord's remedies.

 

Sec. 47a-15a. Nonpayment of rent by tenant: Landlord's remedy.

 

Sec. 47a-16. When landlord may enter rented unit.

 

Sec. 47a-16a. Notification by tenant of extended absence. When landlord may enter.

 

Sec. 47a-17. Tenant to occupy only as dwelling unit.

 

Sec. 47a-18. Judicial relief if tenant refuses entry.

 

Sec. 47a-18a. Judicial relief if landlord unlawfully enters.

 

Sec. 47a-19. Rental agreement: Acceptance of rent when overdue.

 

Sec. 47a-20. (Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.

 

Sec. 47a-20a. Actions deemed not retaliatory.

 

Secs. 47a-20b to 47a-20d. Reserved

 

Sec. 47a-20e. Protection of tenant in foreclosed property.

 

Sec. 47a-20f. Offer of incentive to tenant in foreclosed property to vacate.

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Cities in Connecticut

  • Andover, CT

  • Ansonia, CT

  • Ashford, CT

  • Avon, CT

  • Bantam, CT

  • Barkhamsted, CT

  • Beacon Falls, CT

  • Berlin, CT

  • Bethany, CT

  • Bethel, CT

  • Bethlehem, CT

  • Bloomfield, CT

  • Bolton, CT

  • Bozrah, CT

  • Branford, CT

  • Bridgeport, CT

  • Bridgewater, CT

  • Bristol, CT

  • Broad Brook, CT

  • Brookfield, CT

  • Brooklyn, CT

  • Burlington, CT

  • Canaan, CT

  • Canterbury, CT

  • Canton, CT

  • Chaplin, CT

  • Cheshire, CT

  • Chester, CT

  • Clinton, CT

  • Colchester, CT

  • Colebrook, CT

  • Collinsville, CT

  • Columbia, CT

  • Cornwall, CT

  • Coventry, CT

  • Cromwell, CT

  • Danbury, CT

  • Danielson, CT

  • Darien, CT

  • Deep River, CT

  • Derby, CT

  • Durham, CT

  • East Granby, CT

  • East Haddam, CT

  • East Hampton, CT

  • East Hartford, CT

  • East Haven, CT

  • East Lyme, CT

  • East Windsor, CT

  • Eastford, CT

  • Easton, CT

  • Ellington, CT

  • Enfield, CT

  • Essex, CT

  • Fairfield, CT

  • Farmington, CT

  • Georgetown, CT

  • Glastonbury, CT

  • Goshen, CT

  • Granby, CT

  • Greenwich, CT

  • Groton, CT

  • Guilford, CT

  • Haddam, CT

  • Hamden, CT

  • Hampton, CT

  • Hartford, CT

  • Harwinton, CT

  • Hebron, CT

  • Higganum, CT

  • Jewett City, CT

  • Kent, CT

  • Killingworth, CT

  • Lebanon, CT

  • Ledyard, CT

  • Litchfield, CT

  • Madison, CT

  • Manchester, CT

  • Mansfield Center, CT

  • Marlborough, CT

  • Meriden, CT

  • Middlebury, CT

  • Middlefield, CT

  • Middletown, CT

  • Milford, CT

  • Monroe, CT

  • Montville, CT

  • Moodus, CT

  • Moosup, CT

  • Morris, CT

  • Mystic, CT

  • Naugatuck, CT

  • New Britain, CT

  • New Canaan, CT

  • New Fairfield, CT

  • New Hartford, CT

  • New Haven, CT

  • New London, CT

  • New Milford, CT

  • Newington, CT

  • Newtown, CT

  • Niantic, CT

  • Norfolk, CT

  • North Branford, CT

  • North Granby, CT

  • North Grosvenordale, CT

  • North Haven, CT

  • North Stonington, CT

  • Norwalk, CT

  • Norwich, CT

  • Oakville, CT

  • Old Lyme, CT

  • Old Mystic, CT

  • Old Saybrook, CT

  • Orange, CT

  • Oxford, CT

  • Pawcatuck, CT

  • Plainfield, CT

  • Plainville, CT

  • Plymouth, CT

  • Pomfret, CT

  • Poquonock, CT

  • Portland, CT

  • Preston, CT

  • Prospect, CT

  • Putnam, CT

  • Redding, CT

  • Ridgefield, CT

  • Rocky Hill, CT

  • Roxbury, CT

  • Salem, CT

  • Salisbury, CT

  • Scotland, CT

  • Seymour, CT

  • Sharon, CT

  • Shelton, CT

  • Sherman, CT

  • Simsbury, CT

  • Somers, CT

  • South Windham, CT

  • South Windsor, CT

  • South Woodstock, CT

  • Southbury, CT

  • Southington, CT

  • Stafford, CT

  • Stamford, CT

  • Sterling, CT

  • Stonington, CT

  • Stratford, CT

  • Suffield, CT

  • Tariffville, CT

  • Terryville, CT

  • Thomaston, CT

  • Thompson, CT

  • Tolland, CT

  • Torrington, CT

  • Trumbull, CT

  • Voluntown, CT

  • Wallingford, CT

  • Washington, CT

  • Waterbury, CT

  • Waterford, CT

  • Watertown, CT

  • Wauregan, CT

  • Weatogue, CT

  • West Hartford, CT

  • West Haven, CT

  • West Simsbury, CT

  • Westbrook, CT

  • Weston, CT

  • Westport, CT

  • Wethersfield, CT

  • Willimantic, CT

  • Willington, CT

  • Wilton, CT

  • Winchester Center, CT

  • Windham, CT

  • Windsor Locks, CT

  • Windsor, CT

  • Winsted, CT

  • Wolcott, CT

  • Woodbridge, CT

  • Woodbury, CT

  • Woodstock, CT

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Links to Legal Pages Based on State

Sec. 47a-1. Definitions. 

 

As used in this chapter and sections 47a-21, 47a-23 to 47a-23c, inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46:

(a) “Action” includes recoupment, counterclaim, set-off, cause of action and any other proceeding in which rights are determined, including an action for possession.

(b) “Building and housing codes” include any law, ordinance or governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.

(c) “Dwelling unit” means any house or building, or portion thereof, which is occupied, is designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of one or more persons.

(d) “Landlord” means the owner, lessor or sublessor of the dwelling unit, the building of which it is a part or the premises.

(e) “Owner” means one or more persons, jointly or severally, in whom is vested (1) all or part of the legal title to property, or (2) all or part of the beneficial ownership and a right to present use and enjoyment of the premises and includes a mortgagee in possession.

(f) “Person” means an individual, corporation, limited liability company, the state or any political subdivision thereof, or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.

(g) “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.

(h) “Rent” means all periodic payments to be made to the landlord under the rental agreement.

(i) “Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under section 47a-9 or subsection (d) of section 21-70 embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises.

(j) “Roomer” means a person occupying a dwelling unit, which unit does not include a refrigerator, stove, kitchen sink, toilet and shower or bathtub and one or more of these facilities are used in common by other occupants in the structure.

(k) “Single-family residence” means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit or has a common parking facility, it is a single-family residence if it has direct access to a street or thoroughfare and does not share heating facilities, hot water equipment or any other essential facility or service with any other dwelling unit.

(l) “Tenant” means the lessee, sublessee or person entitled under a rental agreement to occupy a dwelling unit or premises to the exclusion of others or as is otherwise defined by law.

(m) “Tenement house” means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied, or is occupied, as the home or residence of three or more families, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards.

(P.A. 76-95, S. 1, 27; 76-435, S. 75, 82; P.A. 79-571, S. 2; 79-631, S. 96, 111; P.A. 86-267, S. 4; P.A. 89-254, S. 1; P.A. 91-383, S. 13; P.A. 95-79, S. 171, 189; P.A. 10-137, S. 4.)

Sec. 47a-2. Arrangements exempted from application of title.

 

Applicability of title to mobile manufactured homes and home parks. Transient occupancy in hotel, motel or similar lodging. (a) Unless created to avoid the application of this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, the following arrangements are not governed by this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling or religious service, or any similar service; (2) occupancy under a contract of sale of a dwelling unit or the property of which such unit is a part, if the occupant is the purchaser or a person who succeeds to his interest; (3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of such organization; (4) transient occupancy in a hotel or motel or similar lodging; (5) occupancy by an owner of a condominium unit; and (6) occupancy by a personal care assistant or other person who is employed by a person with a disability to assist and support such disabled person with daily living activities or housekeeping chores and is provided dwelling space in the personal residence of such disabled person as a benefit or condition of such employment.

(b) Except as otherwise provided in chapter 412 or in this chapter, this chapter shall not apply to the rental of a space or lot in a mobile manufactured home park by a resident of a mobile manufactured home in such park who is also the owner of such mobile manufactured home. This chapter shall apply to the rental of a mobile manufactured home and premises in a mobile manufactured home park by a person other than the owner of such mobile manufactured home. Chapter 833a, except sections 47a-52, 47a-55, 47a-56i, 47a-56k and 47a-58 to 47a-61, inclusive, shall not apply to mobile manufactured home parks. Chapters 831, 832, 833 and 834, and the applicable parts of chapter 833a, shall apply to all residents of a mobile manufactured home park, including owners of mobile manufactured homes, except as otherwise provided in chapter 412.

(c) For the purposes of subdivision (4) of subsection (a) of this section and subdivision (4) of section 47a-36:

(1) Occupancy in a hotel, motel or similar lodging for less than thirty days is transient, except that such occupancy is not transient if the dwelling unit or room in such hotel, motel or lodging is occupied as the primary residence of the occupant from the beginning of such occupancy; and

(2) Occupancy in a hotel, motel or similar lodging for thirty days or more is not transient, except that such occupancy is transient if the dwelling unit or room in such hotel, motel or lodging is not occupied as the primary residence of the occupant and the occupancy is for less than ninety days.

(P.A. 76-95, S. 2, 27; 76-435, S. 75, 82; P.A. 79-571, S. 3; P.A. 91-383, S. 14; P.A. 98-61, S. 2; P.A. 02-30, S. 1; P.A. 03-278, S. 100.)

Sec. 47a-2a. Transferred to Chapter 814c, Sec. 46a-64a.

Sec. 47a-3. Rental agreement: Permissible terms. 

 

A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

(P.A. 76-95, S. 3, 27; 76-435, S. 75, 82; P.A. 79-571, S. 4.)

Sec. 47a-3a. Rental agreement: Payment of rent. Written receipt for cash payment. 

 

(a) Rent is payable without demand or notice at the time and place agreed upon by the parties.

(b) Unless otherwise agreed: (1) Rent is payable at the dwelling unit; (2) periodic rent is payable at the beginning of any term of one month or less and for terms of more than one month in equal monthly installments at the beginning of each month.

(c) Upon receipt of a payment in cash from or on behalf of an occupant, a landlord shall provide the person making the payment with a receipt stating the date of the payment, the amount received and the purpose for which the payment was made.

(P.A. 79-571, S. 5; P.A. 93-159; P.A. 01-44.)

Sec. 47a-3b. Rental agreement: Term of tenancy in absence of agreement. 

 

Unless the rental agreement fixes a definite term, the tenancy is month to month, except in the case of a tenant who pays weekly rent, then the tenancy is week to week.

(P.A. 79-571, S. 11.)

Sec. 47a-3c. Payment in absence of rental agreement.

 

 In the absence of agreement, the tenant shall pay the fair rental value for the use and occupancy of the dwelling unit.

(P.A. 79-571, S. 7.)

Sec. 47a-3d. (Formerly Sec. 47-22). Holding over not evidence of new lease.

 

Determination of monthly lease. Holding over by any lessee, after the expiration of the term of his lease, shall not be evidence of any agreement for a further lease. Parol leases of lands or tenements reserving a monthly rent and in which the time of their termination is not agreed upon shall be construed to be leases for one month only.

(1949 Rev., S. 7106; P.A. 79-571, S. 1.)

Sec. 47a-3e. Notice to potential tenant when dwelling unit located in common interest community. 

 

Whenever a dwelling unit in a common interest community is rented from a declarant, successor declarant or person acting on the declarant's or successor declarant's behalf, such declarant, successor declarant or person shall, prior to entering into a rental agreement, provide the tenant with a written notice that the dwelling unit is located in a common interest community.

(P.A. 88-322, S. 2.)

Sec. 47a-3f. Rental agreement:

 

Notice re operative fire sprinkler system. (a) As used in this section, “fire sprinkler system” means a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish or prevent its further spread.

(b) When renting a dwelling unit in a building required to be equipped with a fire sprinkler system pursuant to section 29-315, the State Fire Safety Code, the State Fire Prevention Code or any other statute or regulation, the landlord of such dwelling unit shall include notice in the rental agreement as to the existence or nonexistence of an operative fire sprinkler system in such building, and such notice shall be printed in not less than twelve-point boldface type of uniform font.

(c) If there is an operative fire sprinkler system in the building, the rental agreement shall provide further notice as to the last date of maintenance and inspection, and such notice shall be printed in not less than twelve-point boldface type of uniform font.

(June Sp. Sess. P.A. 15-5, S. 57; P.A. 19-51, S. 1.)

Sec. 47a-4. Terms prohibited in rental agreement. 

 

(a) A rental agreement shall not provide that the tenant:

 

1) Agrees to waive or forfeit rights or remedies under this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of the general statutes or any municipal ordinance unless such section or ordinance expressly states that such rights may be waived;

 

(2) authorizes the landlord to confess judgment on a claim arising out of the rental agreement;

 

(3) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith;

 

(4) agrees to waive his right to the interest on the security deposit pursuant to section 47a-21;

 

(5) agrees to permit the landlord to dispossess him without resort to court order;

 

(6) consents to the distraint of his property for rent;

 

(7) agrees to pay the landlord's attorney's fees in excess of fifteen per cent of any judgment against the tenant in any action in which money damages are awarded;

 

(8) agrees to pay a late charge prior to the expiration of the grace period set forth in section 47a-15a or to pay rent in a reduced amount if such rent is paid prior to the expiration of such grace period; or (9) agrees to pay a heat or utilities surcharge if heat or utilities is included in the rental agreement.

(b) A provision prohibited by subsection (a) of this section included in a rental agreement is unenforceable.

(P.A. 76-95, S. 4, 27; 76-435, S. 75, 82; P.A. 77-451, S. 1; P.A. 79-571, S. 9; P.A. 82-274, S. 3; P.A. 87-154, S. 2; May Sp. Sess. P.A. 92-11, S. 37, 70; P.A. 05-56, S. 1.)

Sec. 47a-4a. Effect of failure to comply with section 47a-7.

 

 A rental agreement shall not permit the receipt of rent for any period during which the landlord has failed to comply with subsection (a) of section 47a-7.

(P.A. 79-571, S. 10.)

Sec. 47a-4b. (Formerly Sec. 53-303g). Commercial leases

 

. Certain provisions void. No lease of commercial space in a shopping center or in a building occupied by two or more businesses entered into on or after October 1, 1979, shall require a lessee to be open for business seven days a week or on any specified day of the week. Any provision in a lease which violates this section shall be void.

(P.A. 79-415, S. 1.)

Sec. 47a-4c. Landlord prohibited from requiring electronic funds transfer as exclusive form of payment.

 

 For any lease or rental agreement executed on or after October 1, 2013, no landlord of residential real property shall require electronic funds transfer as the exclusive form of payment of rent or a security deposit. For purposes of this section, “electronic funds transfer” means any transfer of funds that is initiated through an electronic terminal, telephone or computer or magnetic tape so as to order, instruct or authorize a financial institution to debit or credit an account but shall not include any transfer originated by check, draft or similar paper instrument.

(P.A. 13-35, S. 1.)

Sec. 47a-5. (Formerly Sec. 47-24a). Penalty for allowing occupancy without certificate of occupancy.

 

 In any borough, city or town which requires a certificate of occupancy prior to human habitation of any building located therein, if any building is occupied in whole or in part without such occupancy permit, the owner or lessor of the premises shall be liable for a civil penalty of not more than twenty dollars per day, per apartment or dwelling unit, for not more than two hundred days for such period of unlawful occupation.

(1959, P.A. 415, S. 1; P.A. 79-571, S. 8; P.A. 97-231, S. 4; P.A. 98-107, S. 4, 6.)

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Notice of Quit

 The first step in the Summary Process (Eviction) procedure is the Notice to Quit. The form you may use for the Notice to Quit, which the court will provide upon request, must be completed with the exact name and address, including the apartment number, floor number or other designation, if any, of each adult tenant you want to evict and must be signed by you as the landlord. There must be an original Notice to Quit and sufficient additional copies for each tenant who lives at the premises. You should also keep one copy for your records (see JD-HM-7 on page 14). The Notice to Quit must include at least one reason for eviction. The most frequently used reasons are non-payment of rent and termination of lease by lapse of time. These materials are designed to assist you in those types of cases. Evictions for other reasons may be more complex cases and are not addressed in this publication. The Notice to Quit must include the names of all adults living in the premises. If you know there are adults living in the premises, but you do not know their names, you may characterize them as John Doe and/or Jane Doe, as appropriate. The Notice to Quit must allow the tenant at least 3 (three) full days to move. This means that there must be 3 (three) full days between the date the Notice to Quit is served on your tenant and the last day specified in the Notice to Quit for the tenant to vacate the premises. 1 2 The first and last days are not counted in computing the 3 (three) days. (For example, if the Notice specifies that the tenant must move out by May 15, the state marshal must serve the Notice no later than May 11.) Tenants have until midnight of the last day given to them in the Notice to Quit to vacate the premises before you may proceed with the Summons and Complaint, as explained below. Month-to-Month Tenancy. In nonpayment of rent situations involving oral or written month-tomonth tenancies, the Notice to Quit cannot be served until the tenth day after the date the rent was due, not counting the due date. (For example, if the rent is due on May 1, the Notice to Quit cannot be served until May 11.) The Notice to Quit may also be served during the month immediately following the nonpayment of rent in a month-to-month tenancy. (For example, if the rent due on May 1 is not paid, the Notice to Quit may be served at any time from May 11 through the end of June.) Week-to-Week Tenancy. In nonpayment of rent situations involving oral or written week-to-week tenancies, the Notice to Quit cannot be served until the fifth day after the rent was due, not counting the due date. (For example, if the rent is due on May 10, the Notice to Quit cannot be served until May 15.) The Notice to Quit may also be served during the week immediately following the nonpayment of rent in a week-to-week tenancy. (For example, if the rent due on May 10 is not paid, the Notice to Quit may be served at any time from May 15 through the end of the next week, which would be May 23.) Lapse of Time. In cases when an oral or written lease has terminated by lapse of time (“without cause eviction”), the tenant must be given at least 3 (three) full days and at least until the end of the time period he or she would normally have been entitled to vacate the premises. (For example, in an oral month-to-month lease running from May 1 to May 31, if the Notice to Quit is served on May 20, it must give the tenant at least until the last day of the month, which is May 31. If, however, the Notice to Quit is served on May 28, it must give the tenant until June 1 to vacate.) The Notice to Quit must be formally served. Service by a state marshal will satisfy this requirement. The fee charged by the state marshal for service is approximately $35.00 to $45.00. After the state marshal serves the Notice to Quit, the original will be returned to you, with the state marshal’s completed return of service, indicating that service was made.

SUMMONS AND COMPLAINT

 

If your tenant still has not moved after the last day given in the Notice to Quit, you must deliver to the clerk’s office the original Notice to Quit, the State Marshal’s Return of Service, and a completed Summons and Complaint 4 (see JD-HM-32 on page 15 for an example of a Summons and JD-HM-8 on page 16 for an example of a Complaint.) You will need to make 1 (one) original and a copy for each of the tenants/defendants. In addition, you should keep 1 (one) copy of everything for your records. Be sure to indicate in the Complaint whether you and the defendant had an oral or written week-to-week, month-to-month, or year-to-year lease. You must return the completed Summons and Complaint to the court for the clerk’s review and signature on the Summons. Also, bring the original Notice to Quit with the State Marshal’s Return of Service. The clerk will set the return date on the Summons. The return date is a date from which certain time periods are measured, such as when the defendant must file an Appearance or a Pleading (Response). The return date can be any day of the week except Sundays and holidays. It is not necessary for you to appear in court on the return date because there will be no hearing on that date. After the clerk sets the return date and signs the Summons, you should keep 1 (one) copy of all papers for yourself and give the original and sufficient copies for each defendant to the state marshal, who will serve a copy on each defendant and return the original to you. The fee for this service is approximately $45.00 to $60.00, depending on the number of people served, mileage cost, etc. Once the state marshal returns the original Summons and Complaint to you with a completed Return of Service, you must file them, and the original Notice to Quit, with the clerk’s office at least 4 (four) days before the return date on the Summons. When filing these papers, you must pay an entry fee to the clerk. As of the date of printing, this fee is $175.00. Payment must be made at the time of filing by cash or check payable to Clerk, Superior Court. Always have the case name and docket number available when inquiring about your case

Default Judgement

 

The defendant has 2 (two) full days after the return date to file an Appearance in the case. If no Appearance is filed by the third day after the return date, you may file a Default Judgment for Failure to Appear (see JD-HM-9 on page 18). In order to obtain the Default Judgment for Failure to Appear, you must file a Motion for Default Judgment for Failure to Appear and a Military Affidavit. The military affidavit must be signed in the presence of a notary, clerk, or Commissioner of the Superior Court. The clerk will give you this form. You must mail a copy of this Motion to the defendant and file the original with the court. Keep 1 (one) copy for your records. If no appearance is filed and all papers are in order, a judge may enter a Default Judgment in your favor without the necessity of a hearing. You will be notified by mail – please do not call the clerk’s office. If, however, the defendant files only an Appearance but no response to your Complaint (pleading), you should file a Motion for Default Judgment for Failure to Plead (see JD-HM-10 on page 19). The clerk will give you this form. 5 DEFAULT JUDGMENTS 6 This Motion requires the defendant to file some type of response to your Complaint within 3 (three) days, not counting Sundays and holidays, after the Motion is filed with the clerk’s office. A copy of the Motion must be mailed to the defendant or the defendant’s attorney, if there is one, and the original must be filed with the court. Keep 1 (one) copy for your records. If no pleading is filed within this 3 (three)-day period and all papers are in order, a judge may enter a Default Judgment without the necessity of a hearing. You will be notified by mail – please do not call the clerk’s office. When the defendant is represented by an attorney, all court documents must be sent to the attorney and not to the defendant.

Sec. 47a-6. Identification of landlord. 

 

(a) It is the duty of the landlord or an agent authorized by him, or any successor landlord or such successor's agent to notify the tenant in writing, on or before the commencement of the tenancy, or in the case of a successor at the time of such succession, of the name and address of (1) the person authorized to manage the premises and (2) the person who is authorized to receive all notices, demands and service of process. Such name and address shall be kept current.

(b) If the landlord fails to comply with subsection (a) of this section, the person authorized by the landlord to enter into the rental agreement with the tenant shall be deemed the agent of the landlord for

 

(1) service of process and receipt of any such notices or demands, and

 

(2) for performing the obligations of the landlord under sections 47a-7 and 47a-13 and the rental agreement, and

 

(3) expending funds from the rent collected from the premises to perform such obligations.

(P.A. 76-95, S. 6, 27; 76-435, S. 75, 82; P.A. 79-571, S. 13.)

Sec. 47a-6a. Filing in designated municipal office of residential address of nonresident landlord. 

 

(a) As used in this section, “address” means a location as described by the full street number, if any, the street name, the city or town, and the state, and not a mailing address such as a post office box, “dwelling unit” means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied, or is occupied, as the home or residence of one or more persons, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards, “agent in charge” means one who manages real estate, including, but not limited to, the collection of rents and supervision of property, “controlling participant” means an individual or entity that exercises day-to-day financial or operational control, and “project-based housing provider” means a property owner who contracts with the United States Department of Housing and Urban Development to provide housing to tenants under the federal Housing Choice Voucher Program, 42 USC 1437f(o).

(b) Any municipality may require the nonresident owner or project-based housing provider of occupied or vacant rental real property to maintain on file in the office of the tax assessor, or other municipal office designated by the municipality, the current residential address of the nonresident owner or project-based housing provider of such property, if the nonresident owner or project-based housing provider is an individual, or the current residential address of the agent in charge of the building, if the nonresident owner or project-based housing provider is a corporation, partnership, trust or other legally recognized entity owning rental real property in the state. In the case of a project-based housing provider, such information shall also include identifying information and the current residential address of each controlling participant associated with the property, except that, if such controlling participant is a corporation, partnership, trust or other legally recognized entity, the project-based housing provider shall include the identifying information and the current residential address of an individual who exercises day-to-day financial or operational control of such entity. If such residential address changes, notice of the new residential address shall be provided by such nonresident owner, project-based housing provider or agent in charge of the building to the office of the tax assessor or other designated municipal office not more than twenty-one days after the date that the address change occurred. If the nonresident owner, project-based housing provider or agent fails to file an address under this section, the address to which the municipality mails property tax bills for the rental real property shall be deemed to be the nonresident owner, project-based housing provider or agent's current address. Such address may be used for compliance with the provisions of subsection (c) of this section.

(c) Service of state or municipal orders relating to maintenance of such rental real property or compliance with state law and local codes concerning such real property directed to the nonresident owner, project-based housing provider or agent at the address on file, or deemed to be on file in accordance with the provisions of this section, shall be sufficient proof of service of notice of such orders in any subsequent criminal or civil action against the owner, project-based housing provider or agent for failure to comply with the orders. The provisions of this section shall not be construed to limit the validity of any other means of giving notice of such orders that may be used by the state or such municipality.

(d) Any person who violates any provision of this section shall have committed an infraction.

(P.A. 05-223, S. 1; P.A. 19-168, S. 1.)

Sec. 47a-6b. Civil penalties for failure to file residential address of nonresident landlord.

 

 Notwithstanding the provisions of section 51-164p, any municipality may by ordinance adopted by its legislative body establish a civil penalty for a violation of section 47a-6a, provided the amount of such civil penalty shall be not more than five hundred dollars for the first violation and not more than one thousand dollars for any subsequent violation. Any person who is assessed a civil penalty pursuant to this section may appeal therefrom to the Superior Court. An appeal shall be instituted not later than thirty days after the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to section 52-259, at the Superior Court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.

(P.A. 05-223, S. 2; P.A. 19-168, S. 2.)

Sec. 47a-7. Landlord's responsibilities. 

 

(a) A landlord shall: (1) Comply with the requirements of chapter 368o and all applicable building and housing codes materially affecting health and safety of both the state or any political subdivision thereof; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except where the premises are intentionally rendered unfit or uninhabitable by the tenant, a member of his family or other person on the premises with his consent, in which case such duty shall be the responsibility of the tenant; (3) keep all common areas of the premises in a clean and safe condition; (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances and elevators, supplied or required to be supplied by him; (5) provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and (6) supply running water and reasonable amounts of hot water at all times and reasonable heat except if the building which includes the dwelling unit is not required by law to be equipped for that purpose or if the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant or supplied by a direct public utility connection.

(b) If any provision of any municipal ordinance, building code or fire code requires a greater duty of the landlord than is imposed under subsection (a) of this section, then such provision of such ordinance or code shall take precedence over the provision requiring such lesser duty in said subsection.

(c) The landlord and tenant of a single-family residence may agree in writing that the tenant perform the landlord's duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, or remodeling, provided the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(d) The landlord and tenant of a dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling if (1) the agreement of the parties is entered into in good faith; (2) the agreement is in writing; (3) the work is not necessary to cure noncompliance with subdivisions (1) and (2) of subsection (a) of this section; and (4) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

(P.A. 76-95, S. 7, 27; 76-435, S. 75, 82; P.A. 77-451, S. 2; P.A. 79-571, S. 14; P.A. 80-235.)

Sec. 47a-7a. Landlord and tenant responsibilities re bed bug infestations. Definitions. Notification to landlord. Inspection. Treatment. Liability of landlord. Injunction against tenant. (a) As used in this section:

(1) “Certified applicator” means an individual who is certified, in accordance with section 22a-54, by the Commissioner of Energy and Environmental Protection to perform application within this state of a pesticide or class of pesticides;

(2) “Bed bug” means the common bed bug (Cimex lectularius);

(3) “Bed bug detection team” means a scent detection canine team that holds a current, independent, third-party certification in accordance with the guidelines for Minimum Standards for Canine Bed Bug Detection Team Certification established by the National Pest Management Association;

(4) “Landlord”, “owner”, “person” and “tenant” have the same meanings as in section 47a-1;

(5) “Qualified inspector” means a certified applicator, local health department official or bed bug detection team retained by a landlord to conduct an inspection for an infestation of bed bugs;

(6) “Pest control agent” means a person who is a certified applicator or who is otherwise specially licensed or qualified to treat bed bug infestations; and

(7) “Dwelling unit” means a unit other than a single-family unattached unit that is occupied as a home or residence for one or more persons.

(b) (1) A tenant shall promptly notify a landlord orally or in writing when the tenant knows or reasonably suspects that the tenant's dwelling unit is infested with bed bugs. Not later than five business days after receiving such notice, the landlord shall inspect or obtain an inspection by a qualified inspector of the dwelling unit and any contiguous unit of which the landlord is an owner, lessor or sublessor, and may enter any such dwelling unit or contiguous unit for the purpose of conducting such inspection as provided in subparagraph (A) of subdivision (2) of this subsection. If the landlord conducts the inspection, the landlord must provide written notice to the tenant within two days indicating whether or not the unit is infested with bed bugs. The notice shall inform the tenant that, if the tenant is still concerned that the unit is infested with bed bugs, the tenant may contact the local health department and shall provide relevant contact information on said notice. If the inspection determines that any such dwelling unit or contiguous unit is infested with bed bugs, the landlord shall, not later than five business days after the date of the inspection, take reasonable measures, as determined by such qualified inspector, to effectively treat the bed bug infestation, including treating or retaining the services of a pest control agent to treat the dwelling unit and any contiguous unit of which the landlord is an owner, lessor or sublessor, except the landlord may first attempt to effectively treat such infestation. If the landlord treats such bed bug infestation without retaining the services of a pest control agent, the landlord shall first vacuum the areas to be treated and shall, not later than five business days after the date of such treatment, obtain an inspection of any treated unit by a qualified inspector. If the qualified inspector determines that any such unit is not infested with bed bugs, the qualified inspector shall provide the landlord with a written certification of such determination. If the qualified inspector determines that any such unit is infested with bed bugs, the landlord shall, not later than five business days after the date of such inspection, retain the services of a pest control agent. Except as otherwise provided in this section, the landlord shall be responsible for all costs associated with inspection for and treatment of a bed bug infestation. Nothing in this section shall be construed to preclude a tenant from contacting any agency at any time concerning an infestation of bed bugs.

(2) (A) Upon reasonable written or oral notice to a tenant in accordance with the provisions of section 47a-16 that a landlord, qualified inspector or pest control agent must enter a dwelling unit for the purpose of conducting an inspection for, or treating an infestation of, bed bugs, a tenant shall not unreasonably withhold access to the dwelling unit. Any entry to a dwelling unit shall be made in accordance with the provisions of section 47a-16.

(B) The landlord or qualified inspector may initially conduct a visual and manual inspection of the tenant's bedding and upholstered furniture. The landlord or qualified inspector may inspect items other than bedding and upholstered furniture when such landlord or qualified inspector determines that such an inspection is necessary and reasonable. If the landlord or qualified inspector finds bed bugs in the dwelling unit or in any contiguous unit of which the landlord is an owner, lessor or sublessor, such landlord or qualified inspector may have such additional access to the tenant's personal belongings as the landlord or qualified inspector determines is necessary and reasonable. A tenant shall comply with reasonable measures to permit the inspection and treatment of a bed bug infestation as determined by the landlord and qualified inspector or pest control agent, and such tenant shall be responsible for all costs associated with preparing a dwelling unit for such inspection and treatment. The tenant's knowing and unreasonable failure to comply with such bed bug inspection and treatment measures shall result in the tenant being held liable for those bed bug treatments of the dwelling unit and contiguous units arising from such failure.

(C) Whenever any furniture, clothing, equipment or personal property belonging to a tenant is found to be infested with bed bugs, such furniture, clothing, equipment or personal property shall not be removed from the dwelling unit until a pest control agent determines that a bed bug treatment has been completed, or until the landlord approves of such removal.

(3) (A) A landlord shall offer to make reasonable assistance available to a tenant who is not physically able to comply with preparation for any bed bug inspection or treatment measures that are the tenant's responsibility under this section. The landlord shall disclose to the tenant the cost, if any, of providing such assistance to the tenant. The landlord may, at the landlord's discretion, charge the tenant a reasonable amount for any such assistance, provided such charge is subject to a reasonable repayment schedule not to exceed six months, unless the landlord and tenant agree to one or more extensions of such repayment schedule. A tenant's failure to agree to any such charges or repayment schedule shall not relieve the landlord of the duty to treat the dwelling unit.

(B) A tenant's failure to make any payment required pursuant to a repayment schedule shall not be the basis for a summary process action initiated pursuant to chapter 832. At the termination of a tenancy, a landlord may deduct any remaining payments owed under a repayment schedule from a security deposit in accordance with the provisions of section 47a-21.

(C) Nothing in this section shall be construed to require a landlord to provide a tenant with alternative lodging or to pay to replace the tenant's personal property. Nothing in this section shall be construed to preempt or restrict application of the provisions of chapter 814c or any other state or federal law concerning reasonable accommodations for persons with disabilities.

(c) No landlord shall offer for rent a dwelling unit that the landlord knows or reasonably suspects is infested with bed bugs. Before renting a dwelling unit, a landlord shall disclose to a prospective tenant whether the unit the landlord is offering for rent or any contiguous unit of which the landlord is an owner, lessor or sublessor is currently infested with bed bugs. Upon request from a tenant or prospective tenant, a landlord shall disclose the last date on which the dwelling unit being rented or offered for rent was inspected for, and found to be free of, a bed bug infestation.

(d) (1) If any landlord fails to comply with the provisions of this section, then any tenant may proceed as provided in section 47a-12 or section 47a-14h. Any landlord who fails to comply with the provisions of this section shall be liable to the tenant for reasonable attorneys' fees and the greater of two hundred fifty dollars or the tenant's actual damages.

(2) A landlord may apply to the Superior Court to obtain injunctive relief in accordance with section 47a-18 and to obtain such other relief as may be appropriate against a tenant who (A) refuses to provide reasonable access to a dwelling unit, (B) fails to comply with reasonable requests for inspection or treatment of a dwelling unit, or (C) fails to implement reasonable inspection and treatment measures required pursuant to subsection (b) of this section. The entry fee for such an action shall be the same as the entry fee for a small claims case. If a court finds that a tenant has unreasonably failed to comply with this section, the court may issue a temporary order or interim relief to carry out the provisions of this section, including, but not limited to: (i) Granting the landlord access to the dwelling unit for the purposes set forth in this section; (ii) granting the landlord the right to engage in bed bug inspection and treatment measures; and (iii) requiring the tenant to comply with specific bed bug inspection and treatment measures or assessing the tenant with costs and damages related to the tenant's noncompliance. Any order granting a landlord access to a dwelling unit shall be served upon the tenant at least twenty-four hours before a landlord, qualified inspector or pest control agent enters the dwelling unit.

(3) The remedies in this section shall be in addition to any other remedies available at law, or in equity, to any person. This section shall not be construed to limit or restrict the authority of any state or local housing or health code enforcement agency.

(P.A. 16-51, S. 1.)

Sec. 47a-9. Landlord rules and regulations. 

 

(a) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant's use and occupancy of the premises. Such rule or regulation is enforceable against the tenant only if (1) the purpose of the rule or regulation is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for all the tenants generally; (2) the rule or regulation is reasonably related to the purpose for which it is adopted; (3) the rule or regulation applies to all tenants in the premises in a fair manner; (4) the rule or regulation is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct to fairly inform him of what he shall or shall not do to comply; and (5) the tenant has notice of the rule or regulation at the time he enters into the rental agreement or when the rule or regulation is adopted.

(b) If a rule or regulation that would result in a substantial modification of the terms of the rental agreement is adopted after the tenant enters into the rental agreement, such rule or regulation is not valid unless the tenant consents to such rule or regulation in writing.

(P.A. 76-95, S. 10, 27; 76-435, S. 75, 82; P.A. 79-571, S. 12.)

Sec. 47a-10. Termination of responsibility.

 

(a) Unless otherwise agreed, a landlord who conveys premises, which include a dwelling unit subject to a rental agreement, to a bona fide purchaser, is relieved of liability under the rental agreement and the provisions of this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, with respect to any events occurring after written notice to the tenant of the conveyance.

(b) Unless otherwise agreed, a manager of premises which include a dwelling unit is relieved of liability under the rental agreement and this chapter and section 47a-21 as to events occurring after termination of his management.

(P.A. 76-95, S. 8, 27; 76-435, S. 75, 82; P.A. 79-571, S. 19.)

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SUMMARY

To evict a residential tenant in Connecticut, a landlord must have a legally sufficient ground for eviction and follow a statutorily prescribed procedure, known as summary process.

Grounds for eviction include lapse of time (i.e., expiration of the lease), nonpayment of rent, material noncompliance with the lease, breach of statutory duties, and illegal conduct or serious nuisance. Once a landlord has established a ground for eviction, he or she begins the process by serving the tenant with a notice to quit possession. If the tenant fails to respond to this notice by refusing to move from the rented premises, the landlord may initiate proceedings in Superior Court by filing a summons and complaint. The tenant can respond to the complaint. If a tenant contests the action, the court tries the case and enters judgment. The process ends when the court orders the judgment executed and a state marshal executes it by removing the tenant and his or her belongings.

The Judicial Branch could not provide precise data on how long it takes to evict someone. According to a representative of the branch, the minimum time for a summary process to proceed to judgment is 30 to 45 days from the service on the tenant of the notice to quit possession. How quickly a landlord can have a tenant removed after judgment depends on whether the tenant appeals and whether the judge stays execution of the judgment.

The legislature has changed the eviction time frames several times, including many changes that shortened the required deadlines in the process. For example, three times since 1980, the legislature reduced the required days' notice that landlords must give tenants to vacate before the lease ends.

The Judicial Branch has prepared guides on the eviction process in Connecticut, from both the landlord's and tenant's perspective. The landlord guide is available here: http://www.jud.ct.gov/Publications/hm014.pdf. The tenant guide is available here: http://www.jud.ct.gov/Publications/hm015.pdf.

GROUNDS FOR EVICTION

In Connecticut, grounds for eviction include the following:

 

1. Expiration of the Lease. Generally, once a lease expires, the landlord is under no obligation to renew it. This is true whether the lease is written or oral, year-to-year, or month-to-month (CGS § 47a-15). But the law prohibits aged (62 years of age or older), blind, or disabled tenants who reside in buildings with five or more separate dwelling units from being evicted for this reason. These tenants may be evicted only “for cause” (e.g., failure to pay rent, material noncompliance with the lease) (CGS § 47a-23c). The law also specifies when tenants of foreclosed homes may be evicted before the end of the lease (CGS § 47a-20e and PA 11-201, §§ 7-8).

2. Nonpayment of Rent. If a tenant does not pay his or her rent, the landlord may evict the tenant after a three-day grace period or after the time specified in the notice to quit. If the tenant pays the rent during the grace period, he or she cannot be evicted for nonpayment.

3. Breach of Tenant's Statutory Duties. Tenants have certain duties imposed on them by statute. Basically, these are to refrain from creating a nuisance or defacing the premises, obey the health and fire codes, and keep the premises clean and safe. Failure to perform these duties is a ground for eviction. If the tenant corrects the problem within 15 days, he or she cannot be evicted on this ground. But the tenant can be evicted for committing a similar breach within the following six months.

4. Breach of Lease Terms. A landlord may impose lease terms beyond just rental payments. Breach of these terms is a ground for eviction. The terms must, however, be rational, apply to everyone, and pertain to such things as the welfare of others or property damage prevention. As with a breach of statutory duties, if the tenant cures the breach within 15 days, it nullifies the breach, unless a similar breach occurs within six months.

5. Illegal Conduct or Serious Nuisance. An assault on a landlord or other tenant; use of the leased premises for gambling, prostitution, or to sell drugs; or other illegal conduct is a ground for eviction. Unlike a breach of lease terms or statutory duties, tenants cannot cure an eviction based on illegal conduct or serious nuisance (CGS §§ 47a-15 and -31).

SUMMARY PROCESS PROCEDURE

As stated above, summary process (eviction) begins when the landlord serves the notice to quit and files the summons and complaint.

 

We have briefly described below the entire summary process, including statutory minimum time frames. Of course, the actual amount of time it takes to evict a tenant depends on a number of factors, including whether the tenant has a defense he or she intends to pursue and the landlord's diligence in complying with the summary process law. Generally, the process is as follows.

 

1. Notice to Quit Possession. The landlord must serve the notice to quit at least three days before a rental agreement is terminated or before the time specified in the notice to quit (in other words, the landlord must give the tenant at least three full days to move out). The notice may be served on any day of the week (CGS § 47a-23).

2. Summons and Complaints. If the tenant does not move out by the end of the three-day period, any commissioner of the Superior Court may issue a summons and complaint to be served upon the tenant. The complaint may be served on any day of the week and may be made returnable six days after service upon the tenant and must be returned to the court at least three days before the return date (CGS § 47a-23a).

3. Appearance. To contest the eviction, a tenant must respond to the summons and complaint by filing an appearance with the court within two days after the return date. If the tenant does not file an appearance, the landlord may file (a) a motion for judgment for failure to appear and (b) an endorsed copy of the notice to quit with the court clerk. The court must then, within the first court day after the landlord filed the motion, enter a judgment against the tenant and issue an order to vacate (CGS § 47a-26).

4. Answer to Complaint. In addition to filing an appearance, the tenant should file a summary process answer within two days after the return date. If the tenant does not, a landlord can file a motion for judgment based on failure to plead. And if the tenant fails to plead within three days after receipt of the motion by the clerk, the court must enter judgment against the tenant (CGS § 47a-26a).

5. Trial. A trial is scheduled after pleadings are closed (after the complaint has been answered and any special defenses have been raised and countered) (CGS § 47a-26d). Trials are typically scheduled for one week to 10 days after all pleadings have been filed, according to the Judicial Branch publication, A Tenant's Guide to Summary Process. In practice, landlords and tenants often agree to settlements before trial, after meeting with a housing mediator at the court.

6. Judgment and Execution. A judgment is entered after the trial. If judgment is entered for the landlord (and after any stay has expired), he or she must ask the court for an order requiring the tenant to move. The landlord gives the order of execution to a state marshal for proper service. The marshal uses reasonable efforts to locate the tenant and serve him or her with notice of the eviction date and time. The execution tells the tenant that he or she has 24 hours to vacate the premises. After this period, the marshal can physically remove the tenant's possessions to a town-designated storage facility, at the tenant's expense (the law sets time frames and procedures for tenants to reclaim their possessions, or if they fail to do so, to reclaim the net proceeds if their possessions are sold at public auction) (CGS §§ 47a-26d and -42).

7. Stay of Execution. The law generally provides for an automatic five-day stay of execution (Sundays or legal holidays are excluded from the five-day period). The tenant must file any appeal within this period. If the tenant appeals, eviction is stayed until the appeal is decided, unless the judge determines that the appeal was taken solely for the purpose of delay or the tenant fails to provide the required bond (CGS § 47a-35). The court may also grant an additional stay of up to six months, or three months if eviction was for nonpayment of rent. If the additional stay is granted, the tenant must abide by conditions the court sets, including paying unpaid past rent and rent for the length of the stay. Tenants requesting a discretionary stay who were evicted for nonpayment of rent must, within five days of the judgment, pay to the court in full the past rent due, with the court distributing the money to the landlord (CGS §§ 47a-37 to -39).

 

A landlord can file a motion for use and occupancy once a tenant files an appearance. Once the motion is filed, the court can order a tenant to pay the last agreed-upon rent to the court during the pendency of the summary process action (CGS § 47a-26b).

LEGISLATIVE HISTORY

Over the last 50 years, there have been numerous changes to the time frames in the summary process procedure. Below, we briefly summarize several legislative changes affecting the time frames discussed above for landlords seeking to evict a tenant.

1961, PA 509 added provisions providing that the discretionary stay of execution may be for periods totaling up to six months. It also added the requirement for an automatic five-day stay of execution.

1963, PA 562 added provisions regarding time limits for a tenant's nonappearance and the landlord's filing of a motion for failure to appear.

1969, PA 295 and 313 required that all pleadings advance one step within each successive three-day period from the previous pleading.

PA 76-95 required that a summary process complaint be returned to the court at least three days before the return date. It also required the defendant to appear within two, rather than three, days after the return date to avoid a judgment in favor of the landlord.

PA 77-451 extended, from two to four days after the clerk's issuance of the order, the period within which the tenant must file an answer or the court enter judgment in favor of the landlord, when the tenant filed an appearance but failed to file an answer and the court ordered the tenant to make payments in lieu of rent to the court.

PA 80-399 reduced the notice requirement for tenants to vacate from 10 to eight days before termination of the rental agreement and deleted an exception which required only five days' notice when the reason for eviction was nonpayment of rent. It also allowed the court to suspend enforcement of judgments for nonpayment of rent if the tenant is able to pay the entire rent due within five business days of the judgment and permitted such tenants a stay of execution of up to three months.

PA 92-171 reduced, from eight to five, the number of days the tenant has to move from the premises after the landlord serves the notice to quit. It reduced the time period for an appearing defendant to plead from three days to two days after the return date. It also reduced, from 20 to 15 days, the automatic stay of execution if the reason for eviction was something other than nonpayment of rent, nuisance, or illegal conduct.

PA 96-74 reduced the automatic stay of execution from 15 to five days for people evicted for breach of lease or landlord rules, breach of a tenant's statutory duties, or lapse of time.

PA 97-231 required that the notice to quit be given at least three, rather than five, days before termination of the rental agreement or the time specified in the notice.

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connectucutbadrenterslist.jfif
  • Abandonment 

    A landlord may consider rental property as abandoned by the tenant once rent has not been paid for a set time along with visual evidence of the tenant’s disappearance such as the accumulation of unopened mail, unkempt premises, or statements from neighbors. Usually, the landlord must make a good faith effort to locate the tenant for a reasonable time, usually 30 days, before reclaiming the property and disposing of or selling any of the tenant’s unclaimed possessions. 

  • Assignment of Rent 

    A clause found in trust deeds whereby rent is included as addtional security to the real property described in a trust deed. The clause transfers to the lender the right to collect rental income from the income-producing property if there is a default on the note or other secured obligation that is held by the beneficiary or lender. 

  • Complaint in Unlawful Detainer 

    A formal lawsuit used by a landlord after having given appropriate written notice to a tenant to vacate leased property within a set time based on the tenant’s breach of a material provision of the lease or by nonpayment of rent. It is typically a summary proceeding where the tenant has a shortened period to file a written answer or response to the lawsuit and to appear in court for an eviction hearing within a short period after service of the action or the filing of a response by the tenant. 

  • Contract for Deed 

    Also referred to as a land contract or installment land contract, it is a contract for the sale of real property whereby the seller finances the transaction instead of a third party lender. The seller retains legal title to the property until the contract is satisfied and can more easily cancel the contract and repossess the property should the buyer fail to make the required payments or not fulfill other obligations without the need for foreclosure action or judicial action. 

  • Covenant of Quiet Enjoyment 

    An implied covenant in every residential lease agreement that a tenant has the right to undisturbed use of the rental property including excluding others from the premises, to peace and quiet, and to a safe and clean unit along with essential services such as hot water, heat, plumbing and electricity. A breach of this convenant by a landlord may entitle the tenant to withhold rent until the conditon is remedied or to vacate the property and terminate the lease. 

  • Default Judgment 

    A court issued judgment in favor of the landlord in cases where a tenant fails to respond to a summons and complaint for unlawful detainer or other eviction action, or where the tenant fails to appear at an eviction hearing, and which allows the landlord to request an order that the tenant vacate the premises. A tenant also may receive a default judgment if the landlord fails to appear at the hearing. 

  • Demurrer 

    A legal pleading used by tenants in some eviction cases wherein a party may agree with the underlying facts of a lawsuit but objects to certain allegations or counts in a complaint by arguing that it lacks legal sufficiency, validity or does not contain enough facts to support the opposing party’s cause of action. If sustained by the court, most courts will allow the opposing party to attempt to amend its complaint to cure the deficiency. 

  • Discriminatory Eviction 

    An unlawful eviction based upon a person’s protected status, which includes race, color, creed, religion, national origin, sex, sexual preference, pregnancy, marital status, children or disability. 

  • Eviction 

    A legal or judicial process by which a landlord or landowner forces a tenant to vacate the leased property and terminate the rental agreement for failure to pay rent, to follow certain terms of the lease or who has stayed beyond the expiration of the lease term. 

  • Eviction Notice 

    A written statement that must be properly served or delivered to a tenant that contains certain language required by that jurisdiction, typically including the landlord’s declaration that the tenant has breached a specific material provision of the lease, has failed to pay a specified amount of rent on time, or committed some other substantial breach of the landlord/tenant relationship, and that the tenant must either vacate by a certain date or remedy the breach before a set date or the lease agreement will terminate. It must also state that legal proceedings will commence to expel the tenant from the leased property. 

  • Fair Housing Act 

    The Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 and was designed to eliminate bias and discrimination in renting and in home sales on the basis of a person’s personal characteristics including race, religion, creed, national origin, gender, family status or disability. Suspected violations are reported to fair housing councils in a local area, a state’s department of fair employment and housing or to a private attorney for civil remedies. 

  • Forcible Entry 

    Entry by a landlord upon leased property without the consent of the occupier or tenant. It also refers to a tenant who remains on the property after termination of the lease or after receiving written demand of possession by the landlord. 

  • Forfeiture 

    A concept whereby a landlord may claim that a tenant has forfeited his or her rights under a rental agreement because of nonpayment of rent, violation of a material provison in the lease, or by committing criminal acts on the premises. It is also a concept in land contract cases where the seller declares the buyer to have forfeited the contract if the obligations of the contract are not fulfilled or has engaged in conduct that violates the contract. 

  • Holdover 

    A holdover is a tenant who has remained on leased property after expiration of the rental term, who has used the premises for illegal activity or who has violated a provision of the lease other than nonpayment of rent. Some states use holdover petitions to evict a tenant. 

  • Landlord 

    A person or entity that leases or rents property to another person or organization and is referred to as a lessor. A landlord has certain obligations to the tenant either through a written rental agreement or which are implied or specified by state law. 

  • Lease 

    A written or implied contract with a certain duration that allows a lessee to use or occupy property subject to its terms. 

  • Lease Option 

    A contract wherein the buyer pays the seller of real property money to secure an option to purchase the property at a later time, usually at an agreed future price, and to lease the property for a set rental amount over a predetermined time. The buyer is not obligated to buy the property during the option period and no other person may buy it until the option expires. 

  • Leasehold 

    A form of temporary right to property acquired under a lease or rental agreement for a set time at a certain price or rent. A leasehold is considered personal property. 

  • Low Income Tax Credit Properties 

    An affordable housing program also known as LIHTC for low income renters that permits investors to take a dollar-for-dollar tax reduction or credits pursuant Section 42 of the tax code and which currently accounts for the majority of affordable rental housing in the US. Most tax credit projects are able to qualify for government subsidies at below market interest rates. 

  • Nuisance 

    Any conduct or activity by a tenant that usually must be egregious in nature that materially affects the health or safety of other tenants or other people in the community. This could include unhealthy habits leading to infestations of vermin or insects, foul odors, chronic excessive noise or other conduct that interferes with another person’s right to quiet enjoyment of their property. 

  • Retaliatory Eviction 

    An unlawful eviction based on a tenant’s complaining to the landlord or to a governmental agency, or for participating in or joining a tenant’s union. 

  • Section 8 Housing 

    A federal housing program that provides rental subsidies to qualified, low-income renters and homeowners who must demonstrate that their income is below 50 percent of the applicant’s area median income. A Section 8 housing voucher may be used in any housing authority in the US, regardless of where the recipient received it. 

  • Self-Eviction 

    Unlawful activities or conduct by a landlord or the landlord’s representatives that are designed to forcibly evict or cause a tenant to vacate the leased property without using the judicial process. This includes shutting off the utilities, denying the tenant access to the property, threatening the tenant or creating conditons that make the property unfit to live in. 

  • Sublease 

    A rental agreement between the tenant or lessee and a third party that allows that party, called the sublessee, to use the lessee’s rental unit or property for a set time and who is obligated to the lessee. A lessee is still responsible for paying rent to the lessor or landlord for the duration of the underlying lease term. 

  • Tenancy 

    The period of a tenant’s right to possess and use the property of another under a lease and usually upon payment of rent or the performance of services. 

  • Tenant 

    A person or entity that leases property from another and who is referred to as a lessee, who by paying rent has rights of possession and limited use of the property for a set time, usually pursuant to a written lease or oral agreement. A tenant has certain obligations to the landlord to abide by the terms of the lease. 

  • Trade Fixtures 

    An item or piece of equipment used by a tenant in his or her trade or business that may be removed from the leased business property at the expiration of the lease term. Such fixtures may ordinarily be considered part of the real property and not removeable if not for their business or trade status. 

  • Uniform Residential Landlord and Tenant Act 

    A model code or legislative act that addresses residential landlord and tenant interactions and which has been adopted with many variations by most states. The act was designed to introduce more fairness and uniformity in landlord/tenant laws and to specify the statutory obligations of tenants and landlords.

 

  • Warranty of Habitability 

    An implied obligation by the landlord in every rental agreement to provide and maintain an apartment or unit in a safe and habitable condition. This includes providing running water, electricity, heat and a structurally sound premises. The landlord’s failure to provide these services or essentials may permit a tenant to unilaterally terminate a lease, pay reduced rent, make self-repairs and deduct the costs from the rent or withhold the entire rent until the conditions are remedied. 

  • Writ of Possession 

    A court order granted after an eviction hearing or default whereby the landlord is granted possession of rental property and which advises the tenant to vacate the leased property by a certain date or be subject to forcible removal by the sheriff. A writ is served on the tenant by the sheriff or authorized law enforcement personnel. 

Sec. 47a-11. Tenant's responsibilities. 

 

A tenant shall: (a) Comply with all obligations primarily imposed upon tenants by applicable provisions of any building, housing or fire code materially affecting health and safety; (b) keep such part of the premises that he occupies and uses as clean and safe as the condition of the premises permit; (c) remove from his dwelling unit all ashes, garbage, rubbish and other waste in a clean and safe manner to the place provided by the landlord pursuant to subdivision (5) of subsection (a) of section 47a-7; (d) keep all plumbing fixtures and appliances in the dwelling unit or used by the tenant as clean as the condition of each such fixture or appliance permits; (e) use all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises in a reasonable manner; (f) not wilfully or negligently destroy, deface, damage, impair or remove any part of the premises or permit any other person to do so; (g) conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises or constitute a nuisance, as defined in section 47a-32, or a serious nuisance, as defined in section 47a-15; and (h) if judgment has entered against a member of the tenant's household pursuant to subsection (c) of section 47a-26h for serious nuisance by using the premises for the illegal sale of drugs, not permit such person to resume occupancy of the dwelling unit, except with the consent of the landlord.

(P.A. 76-95, S. 9, 27; 76-435, S. 75, 82; P.A. 79-571, S. 20; P.A. 86-267, S. 1; P.A. 89-254, S. 2.)

Sec. 47a-11a. Abandonment of unit by tenant.

 

 (a) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental in mitigation of damages.

(b) If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment.

(P.A. 79-571, S. 16.)

Sec. 47a-11b. Abandonment of unit by occupants.

 

Landlord's remedies. (a) For the purposes of this section, “abandonment” means the occupants have vacated the premises without notice to the landlord and do not intend to return, which intention may be evidenced by the removal by the occupants or their agent of substantially all of their possessions and personal effects from the premises and either (1) nonpayment of rent for more than two months or (2) an express statement by the occupants that they do not intend to occupy the premises after a specified date.

(b) If all the occupants abandon the dwelling unit, the landlord may send notice to each occupant at his last-known address both by regular mail, postage prepaid, and by certified mail, return receipt requested, stating that (1) he has reason to believe that the occupant has abandoned the dwelling unit, (2) he intends to reenter and take possession of the dwelling unit unless the occupant contacts him within ten days of receipt of the notice, (3) if the occupant does not contact him, he intends to remove any possessions and personal effects remaining in the premises and to rerent the premises, and (4) if the occupant does not reclaim such possessions and personal effects within thirty days after the notice, they will be disposed of as permitted by this section. The notice shall be in clear and simple language and shall include a telephone number and a mailing address at which the landlord can be contacted. If the notices are returned as undeliverable, or the occupant fails to contact the landlord within ten days of the receipt of the notice, the landlord may reenter and take possession of the dwelling unit, at which time any rental agreement or lease still in effect shall be deemed to be terminated.

(c) The landlord shall not be required to serve a notice to quit as provided in section 47a-23 and bring a summary process action as provided in section 47a-23a to obtain possession or occupancy of a dwelling unit which has been abandoned. Nothing in this section shall relieve a landlord from complying with the provisions of sections 47a-1 to 47a-20a, inclusive, and sections 47a-23 to 47a-42, inclusive, if the landlord knows, or reasonably should know, that the occupant has not abandoned the dwelling unit.

(d) The landlord shall inventory any possessions and personal effects of the occupant in the premises and shall remove and keep them for not less than thirty days. The occupant may reclaim such possessions and personal effects from the landlord within said thirty-day period. If the occupant does not reclaim such possessions and personal effects by the end of said thirty-day period, the landlord may dispose of them as he deems appropriate.

(e) No action shall be brought under section 47a-43 against a landlord who takes action in compliance with the provisions of this section.

(P.A. 92-171, S. 8; P.A. 93-435, S. 17, 95.)

Sec. 47a-11c. Breach of rental agreement by tenant. Measure of damages.

 

 If a landlord terminates a residential or commercial tenancy on the grounds that the tenant committed a breach of the rental agreement and the landlord brings an action for damages for the breach, such damages shall include the amount of rent agreed to by the parties but unpaid by the tenant. The landlord shall be obligated to mitigate damages. This section shall not limit either party's rights to assert other legal or equitable claims, counterclaims, defenses or set-offs.

(P.A. 97-231, S. 1.)

Sec. 47a-11d. Death of tenant. Landlord's remedies. 

 

(a) If the sole occupant of a dwelling unit subject to a monthly lease or a lease for a term has died and the landlord has complied with any provisions of any such lease permitting termination upon the death of the occupant, the landlord may elect to act in accordance with the provisions of this section. If the landlord elects to act in accordance with the provisions of this section, such landlord shall send notice to the emergency contact designated by the occupant, if any, and to the next of kin of such occupant, if known, at the last-known address both by regular mail, postage prepaid, and by certified mail, return receipt requested, stating that (1) the occupant has died, (2) the landlord intends to remove any possessions and personal effects remaining in the premises and to rerent the premises, (3) the emergency contact or next of kin should immediately contact the landlord or Probate Court for the district in which the dwelling unit is located for information as to how to reclaim such possessions and personal effects, and (4) if such possessions and personal effects are not reclaimed within sixty days after the date of such notice, such possessions and personal effects will be disposed of as permitted by this section. The notice shall be in clear and simple language and shall include a telephone number and a mailing address at which the landlord can be contacted and the telephone number of such Probate Court.

(b) (1) If notice is sent by the landlord as provided in subsection (a) of this section, or (2) if the occupant did not designate an emergency contact or the landlord does not know any next of kin of the occupant, the landlord shall file an affidavit with the Probate Court having jurisdiction concerning the possessions and personal effects of the deceased occupant. Such affidavit shall include the name and address of the deceased occupant, the date of death, the terms of the lease, and the names and addresses of the emergency contact, if any, and the next of kin, if known.

(c) If the landlord acts in accordance with the provisions of this section, the landlord shall not be required to serve a notice to quit as provided in section 47a-23 and bring a summary process action as provided in section 47a-23a to obtain possession or occupancy of the dwelling unit. Nothing in this section shall relieve a landlord from complying with the provisions of sections 47a-1 to 47a-20a, inclusive, and sections 47a-23 to 47a-42, inclusive, if the landlord knows, or reasonably should know, that the dwelling unit has not been abandoned.

(d) On or after thirty days after the date of the filing of the affidavit pursuant to subsection (b) of this section, the landlord shall inventory any possessions and personal effects of the deceased occupant in the premises and shall file a copy of such inventory with the Probate Court under subsection (b) of this section. The landlord may not remove such possessions and personal effects until fifteen days after such inventory is filed. Thereafter, the landlord may remove and securely store such possessions and personal effects for an additional fifteen days. If such possessions and personal effects are not reclaimed by the end of such sixty-day period and the landlord has complied with the provisions of this section, the landlord may obtain from the Probate Court having jurisdiction a certificate indicating that the landlord has filed an inventory in the court pursuant to this subsection and that sixty days have elapsed since the landlord filed the affidavit pursuant to subsection (b) of this section. The landlord may file such certificate and an application, in such form as the Chief Court Administrator prescribes, in the superior court having jurisdiction over the premises of the deceased occupant. There shall be no fee for such filing, and the clerk of such court shall open a summary process file setting forth that the right to occupy has terminated due to the death of the named occupant. Such certificate shall be deemed a judgment of the Superior Court pursuant to chapter 832 and have the same effect and be subject to the same procedures, defenses and proceedings for reopening, vacating or staying a judgment of the Superior Court. After the clerk opens the summary process file and sends a notice of judgment, and after the appropriate stay of execution expires, the landlord may obtain an execution and a state marshal may remove the possessions and personal effects of such deceased occupant pursuant to such execution and deliver such possessions to a place of storage designated for such purposes by the chief executive officer of the municipality in which the dwelling unit is located.

(e) Before the possessions and personal effects of a deceased occupant are removed pursuant to an execution issued under subsection (d) of this section, the state marshal charged with carrying out such removal shall give the chief executive officer of the municipality in which the dwelling unit is located (1) twenty-four-hours' written notice of the removal, stating the date, time and location of such removal as well as a general description, if known, of the types and amount of possessions and personal effects to be removed from the premises and delivered to the designated place of storage, and (2) a copy of the inventory prepared by the landlord pursuant to subsection (d) of this section, annotated to indicate any items that have been reclaimed. Before giving such notice to the chief executive officer of the municipality, the state marshal shall use reasonable efforts to locate and notify the occupant's emergency contact, if any, and the next of kin, if known, of the date, time and location of such removal and of the possibility of a sale pursuant to this subsection. At any time prior to the actual sale of such possessions and personal effects, an executor or administrator appointed by the Probate Court or an individual designated by such court in accordance with section 45a-273 may reclaim such possessions and personal effects upon payment to the chief executive officer of the expense of storage. If such possessions and personal effects are not reclaimed within fifteen days after such removal and storage, the chief executive officer shall sell the same at public auction after using reasonable efforts to locate and notify the occupant's emergency contact or the next of kin, if known, of such sale and after posting notice of such sale for one week (A) on the public signpost nearest to the premises from which the possessions and personal effects were removed, or (B) at some exterior place near the office of the town clerk. The proceeds of the sale shall be applied to a reasonable charge by the municipality for the storage of such possessions and personal effects. Any remaining proceeds shall be turned over to the estate of the deceased occupant or, if no estate proceedings are commenced within thirty days after such sale, the chief executive officer shall turn over the net proceeds of the sale to the State Treasurer, who shall treat such proceeds as escheated property pursuant to part III of chapter 32.

(f) If an application for probate of a will or letters of administration is filed with the Probate Court having jurisdiction concerning the possessions and personal effects of the deceased occupant within fifty-five days of the filing of the affidavit of the landlord as provided in subsection (b) of this section, the Probate Court shall immediately notify the landlord of such filing and any action of the landlord pursuant to the provisions of this section shall cease.

(g) No action shall be brought under section 47a-43 against a landlord who takes action in accordance with the provisions of this section.

(P.A. 01-133; P.A. 17-22, S. 1.)

Sec. 47a-11e. Termination of rental agreement by tenant who is a victim of family violence or sexual assault.

 

 (a) Notwithstanding the provisions of this chapter and chapter 831, for rental agreements entered into or renewed on or after January 1, 2011, any tenant who (1) is a victim of family violence, as defined in section 46b-38a, and (2) reasonably believes it is necessary to vacate the dwelling unit due to fear of imminent harm to the tenant or a dependent of the tenant because of family violence, may terminate his or her rental agreement with the landlord for the dwelling unit that the tenant occupies without penalty or liability for the remaining term of the rental agreement by giving written notice to the landlord at least thirty days prior to the date the tenant intends to terminate the rental agreement. Notwithstanding the provisions of this chapter and chapter 831, for rental agreements entered into or renewed on or after January 1, 2014, any tenant who (A) is a victim of sexual assault under any provision of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or is the parent or guardian with physical custody of a dependent who is the victim of sexual assault under section 53a-70c, and (B) reasonably believes it is necessary to vacate the dwelling unit due to fear of imminent harm to the tenant or a dependent of the tenant because of such sexual assault, may terminate his or her rental agreement with the landlord for the dwelling unit that the tenant occupies without penalty or liability for the remaining term of the rental agreement by giving written notice to the landlord at least thirty days prior to the date the tenant intends to terminate the rental agreement.

(b) Such notice shall include: (1) A statement made under oath or affirmation that (A) the tenant or a dependent of the tenant is a victim of family violence or sexual assault, as the case may be; (B) the tenant intends to terminate the rental agreement and the date of such intended termination; and (C) the tenant has vacated the premises and removed all of his or her possessions and personal effects or, prior to the date of such termination, will vacate the premises and remove all of his or her possessions and personal effects and, if such possessions and personal effects have not been removed by the date of such termination, has abandoned such possessions and personal effects; and (2) (A) a copy of a police or court record detailing an act of family violence or sexual assault against the tenant or the tenant's dependent that is dated not more than ninety days prior to the date of the tenant's notice, or (B) a signed written statement from an employee of the Office of Victim Services within the Judicial Department or the Office of Victim Advocate detailing an act of family violence or sexual assault against the tenant or the tenant's dependent that is dated not more than thirty days prior to the date of the tenant's notice.

(c) The tenant's termination of his or her rental agreement with the landlord pursuant to this section shall not relieve (1) the tenant from liability to the landlord for any rent arrearage incurred prior to such termination of the rental agreement or from liability to the landlord for property damage caused by the tenant, or (2) any other tenant from liability to the landlord under the rental agreement.

(d) If the tenant terminates his or her rental agreement with the landlord pursuant to this section, any occupant without the right or privilege to occupy such dwelling unit shall vacate the premises prior to the date of such termination.

(e) If such tenant or occupant fails to vacate the premises as of the date of such termination, the landlord may bring an action pursuant to chapter 832.

(f) The landlord may bring an action in the housing session of the Superior Court for injunctive relief to prevent the termination of the rental agreement if the requirements set forth in this section for such termination have not been satisfied.

(P.A. 10-137, S. 2; 10-161, S. 5; P.A. 13-214, S. 4; P.A. 19-189, S. 12.)

Sec. 47a-12. Breach of agreement by landlord. Tenant's remedies.

 

 (a) If there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 47a-7 which materially affects health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach. If the breach is not remedied within fifteen days after receipt of the notice, the rental agreement shall terminate on such date. If substantially the same act or omission which constituted a prior noncompliance of which notice was given, recurs within six months of the first act of noncompliance, the tenant may terminate the rental agreement upon at least fourteen days written notice specifying (1) the date the breach complained of occurred and (2) the date the tenant intends to terminate the rental agreement by vacating the premises, which date shall be within thirty days of such breach.

(b) The tenant may not terminate the rental agreement under subsection (a) of this section for a condition caused by the wilful or negligent act or omission of such tenant, a member of his family, or other person on the premises with his consent.

(c) This section shall apply only to leases in which the term of the tenancy is more than one month.

(d) Nothing in this section shall in any way restrict the tenant's use of other remedies available to him.

(P.A. 76-95, S. 15, 27; 76-435, S. 75, 82; P.A. 79-571, S. 26; P.A. 97-231, S. 3.)

Sec. 47a-13. Failure of landlord to supply essential services. Tenant's remedies.

 

 (a) If the landlord is required to supply heat, running water, hot water, electricity, gas or other essential service, and if the landlord fails to supply such essential service and the failure is not caused by conditions beyond the landlord's control, the tenant may give notice to the landlord specifying the breach and may elect to (1) procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct the actual and reasonable cost of such service from the rent; or (2) procure reasonable substitute housing during the period of the landlord's noncompliance if the landlord fails to supply such service within forty-eight hours of such breach, except if the breach is the failure to provide the same service and such breach recurs within six months, the tenant may secure substitute housing immediately; or (3) if the failure to supply such service is wilful, the tenant may terminate the rental agreement and recover an amount not more than two months' periodic rent or double the actual damages sustained by him, whichever is greater. If the rental agreement is terminated, the landlord shall return all security and prepaid rent and interest required pursuant to section 47a-22, recoverable under section 47a-21.

(b) If the tenant elects to procure substitute housing as provided in subdivision (2) of subsection (a) of this section, rent otherwise owed to the landlord shall abate for the period of the landlord's noncompliance. In addition, the tenant may recover the actual costs of such substitute housing, but in no event shall the tenant recover more than an amount equal to the amount of rent abated under this subsection. In any cause of action or defense to any action arising under subsection (a) of this section, the tenant may recover reasonable attorney's fees.

(c) Rights of the tenant under this section do not arise (1) until the tenant has given reasonable written or oral notice to the landlord or (2) if the condition was caused by the wilful or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent.

(d) For the purposes of this section, “tenant” includes each resident of a mobile manufactured home park, as defined in section 21-64, including a resident who owns his own home, and “landlord” includes a “licensee” and an “owner” of a mobile manufactured home park, as defined in section 21-64.

(P.A. 76-95, S. 13, 27; 76-435, S. 75, 82; P.A. 79-571, S. 27; P.A. 91-383, S. 15; P.A. 17-171, S. 1.)

Sec. 47a-13a. Implementation of energy conservation measures by tenant.

 

 (a) A tenant of any dwelling unit may, in accordance with subsection (b) of this section, at no cost to the landlord, implement or authorize the implementation of energy conservation measures in his dwelling unit or in any other part of the building which affects the tenant's level of energy consumption, which would otherwise require the consent of the landlord.

(b) In order to implement energy conservation measures under this section, the tenant or entity administering any energy conservation or weatherization program shall give written notice of the intent to implement such measures to the landlord by certified mail, return receipt requested. Unless the landlord gives written notice of his disapproval of such implementation by certified mail, return receipt requested, within twenty days of the giving of notice to him, such energy conservation measures may be implemented, provided that, to the extent his consent would otherwise be necessary, no such disapproval shall be effective as to the installation of removable weatherstripping around doors and windows, removable interior storm windows and insulation wrap around hot water heating tanks.

(c) Nothing in this section shall (1) authorize the tenant to make structural changes to the building; (2) relieve the tenant or the landlord of their responsibilities and liabilities under sections 47a-7 and 47a-11; or (3) restrict the availability to the tenant of any other remedies which exist under any other law.

(P.A. 84-524.)

Sec. 47a-14. Damage or destruction of unit. Tenant's remedies.

 

 (a) If the dwelling unit or premises are damaged or destroyed by fire or other casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant, unless such damage or destruction is caused by the tenant's negligence or wilful act, shall not be liable to pay rent for such period of time as such impairment continues. In such case, the tenant may (1) immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement shall terminate as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or other casualty, in which case the tenant's liability for use and occupancy shall be reduced in proportion to the diminution in the fair rental value of the dwelling unit.

(b) If the rental agreement is terminated, the landlord shall return all security and prepaid rent recoverable under section 47a-21. Accounting for rent, in the event of termination or apportionment, shall be made as of the date of the fire or other casualty.

(P.A. 76-95, S. 14, 27; 76-435, S. 75, 82.)

Sec. 47a-14a. (Formerly Sec. 19-347k). Action for private receivership of tenement house.

 

Complaint. Notice of action. (a) A majority or more of the tenants occupying a tenement house, as defined in sections 19a-355 and 47a-1, may bring an action on behalf of all the tenants occupying such tenement house, alleging under oath the existence of one or more of the following conditions: Housing code violations, notice of termination of fuel oil or bottled gas delivery, lack of heat, running water, electricity, light or adequate sewage disposal facilities, other conditions dangerous to life, health or safety and infestation of rodents, vermin or other pests. The complaint shall set forth the address of the property and a description of the conditions alleged to be hazardous to life, health and safety.

(b) Such action shall be brought in the superior court for the judicial district in which the premises are located in the same manner as in civil process naming all owners and mortgagees of record as defendants. There shall be no entry fee in such action.

(c) The plaintiffs shall cause a notice of the pendency of such action to be filed in the land records of the town in which such premises are located.

(1969, P.A. 728, S. 2; P.A. 73-633, S. 1, 6; P.A. 74-183, S. 230, 291; P.A. 76-436, S. 199, 681; P.A. 78-280, S. 1, 127; P.A. 79-571, S. 28; Oct. Sp. Sess. P.A. 79-8, S. 4, 6.)

Sec. 47a-14b. (Formerly Sec. 19-347l). Tenement receivership: Hearing by referee; judgment; no right to jury trial. 

 

(a) The Superior Court may refer the complaint to a referee who shall hold a hearing thereon, except that if the complaint alleges that there is an imminent danger to the life, health and safety of the tenants, the court may issue an immediate ex parte order granting such relief as it deems appropriate, pending a full hearing to be held not later than three days after such order is issued. Any retired judge of the Circuit Court, Court of Common Pleas or Superior Court shall be eligible to act as a referee. The Chief Court Administrator or his designee may appoint as many referees as are necessary to carry out the intent of sections 47a-14a to 47a-14g, inclusive.

(b) The referee shall take such testimony as he deems material, shall view the premises and shall, after the hearing, report forthwith his findings and recommendations to the court.

(c) The court shall review such report and enter judgment in accordance with said sections. Such report may be rejected for irregular or improper conduct in the performance of the duties of such referee in which event the court shall appoint another referee to make a report.

(d) There shall be no right to a jury trial in any of the proceedings.

(1969, P.A. 728, S. 3; P.A. 73-633, S. 2, 6; P.A. 74-183, S. 231, 291; P.A. 76-436, S. 10a, 200, 681; P.A. 79-571, S. 29; Oct. Sp. Sess. P.A. 79-8, S. 5, 6.)

Sec. 47a-14c. (Formerly Sec. 19-347m). Tenement receivership: Defense. 

 

It shall be sufficient defense to a proceeding under sections 47a-14a to 47a-14g, inclusive, for the owner or any mortgagee or lienor of record to establish that: (1) The condition or conditions alleged in the petition did not in fact exist or that such condition or conditions have been removed or remedied; or (2) such condition or conditions have been caused by a petitioning tenant or tenants.

(1969, P.A. 728, S. 4; P.A. 73-633, S. 3, 6; P.A. 79-571, S. 30.)

Sec. 47a-14d. (Formerly Sec. 19-347n). Tenement receivership: Judgment.

 

 (a) If the court finds that the plaintiffs have failed to establish the allegations of the complaint or that the owner or a mortgagee or lienor of record affirmatively established a defense or defenses specified in section 47a-14c, the court shall render a judgment dismissing the complaint.

(b) If the court finds that the plaintiffs have proved the allegations of the complaint and that no defense as specified in section 47a-14c has been affirmatively established by the owner or a mortgagee or a lienor of record, the court shall render a judgment directing that (1) the rents due on the date of entry of such judgment and rents to become due subsequent thereto from all occupying such property be deposited with a receiver appointed by the court; (2) that the receiver apply such rents to the extent necessary to remedy the condition or conditions alleged in the petition; (3) when such condition or conditions have been remedied in accordance with the judgment, any remaining surplus be turned over to the owner, together with a complete accounting of the rents deposited and the costs incurred and (4) granting such other and further relief as the court may deem just and proper.

(c) A certified copy of the judgment shall be served upon each tenant occupying such property by registered mail or personally.

(1969, P.A. 728, S. 5; P.A. 79-571, S. 31.)

Sec. 47a-14e. (Formerly Sec. 19-347o). Tenement receivership: Owner's right to collect rent moneys. 

 

The right of the owner of such property to collect such rent moneys from any tenant on or after the date of entry of a judgment as provided in section 47a-14d shall be void and unenforceable to the extent that the tenant has deposited such moneys with a receiver in accordance with the terms of the judgment rendered under said section, regardless of whether such right of the owner arises from a lease, deed, contract, agreement or understanding or otherwise. It shall be a valid defense in any action or proceeding against such tenant to recover possession of real property for nonpayment of rent or for use or occupation to prove that the rent alleged to be unpaid was deposited with a receiver in accordance with the terms of a judgment entered under section 47a-14d.

(1969, P.A. 728, S. 6; P.A. 79-571, S. 32.)

Sec. 47a-14f. (Formerly Sec. 19-347p). Tenement receivership:

 

Order to remove or remedy conditions in lieu of judgment; application for hearing for judgment. (a) If the court finds that the facts alleged in the complaint have been affirmatively established, that no defense thereto specified in section 47a-14c has been affirmatively established by the owner or a mortgagee or lienor of record and that the facts alleged in the complaint warrant the granting of the relief sought, the court, in lieu of rendering judgment, may issue an order permitting the owner, mortgagee or lienor of record to remove or remedy the conditions in the complaint found to exist if such owner, mortgagee or lienor (1) demonstrates the ability promptly to undertake the work required and (2) posts security for the performance of the work required within the time and in the manner deemed necessary by the court.

(b) If, after the issuance of such an order, it appears to the plaintiffs that the person permitted to do the work is not proceeding with due diligence, the plaintiffs shall apply to the court with notice to those persons who have appeared in the proceeding for a hearing to determine whether judgment should be rendered immediately as provided in section 47a-14g.

(1969, P.A. 728, S. 7; P.A. 73-633, S. 4, 6; P.A. 79-571, S. 33.)

Sec. 47a-14g. (Formerly Sec. 19-347q). Tenement receivership:

 

Judgment and appointment of receiver after failure to comply with order. If, upon a hearing authorized under section 47a-14f, the court determines that the person permitted to do such work is not proceeding with due diligence, the court shall render a judgment appointing a receiver as authorized in section 47a-14d. The judgment shall direct the receiver to apply the security posted by such person to remove or remedy the condition or conditions specified in the petition. If the amount of such security is insufficient for such purpose, the judgment shall direct the deposit of rents with the receiver as authorized in section 47a-14d to the extent of such deficiency. If such security exceeds the amount required to remove or remedy such condition or conditions, the judgment shall direct the receiver to file with the court, upon completion of the work prescribed therein, a full accounting of the amount of such security and the expenditures made pursuant to such judgment, and to turn over such surplus to the person who posted security, together with a copy of such accounting.

(1969, P.A. 728, S. 8; P.A. 79-571, S. 34.)

Sec. 47a-14h. Action by individual tenant to enforce landlord's responsibilities.

 

Payment of rent into court. (a) Any tenant who claims that the landlord has failed to perform his or her legal duties, as required by section 47a-7 or 47a-7a or subdivisions (1) to (13), inclusive, of subsection (a) of section 21-82, may institute an action in the superior court having jurisdiction over housing matters in the judicial district in which such tenant resides to obtain the relief authorized by this section and sections 47a-7a, 47a-20 and 47a-68. No tenant may institute an action under this section if a valid notice to quit possession or occupancy based upon nonpayment of rent has been served on such tenant prior to the institution of an action under this section or if a valid notice to quit possession or occupancy based on any other ground has been served on such tenant prior to such tenant making the complaint to the agency referred to in subsection (b) of this section, provided any such notice to quit is still effective.

(b) The action shall be instituted by filing a complaint, under oath, with the clerk of the court. The complaint shall allege (1) the name of the tenant; (2) the name of the landlord; (3) the address of the premises; (4) the nature of the alleged violation of section 47a-7 or 47a-7a or subsection (a) of section 21-82; and (5) the dates when rent is due under the rental agreement and the amount due on such dates. The complaint shall also allege that at least twenty-one days prior to the date on which the complaint is filed, the tenant made a complaint concerning the premises to the municipal agency, in the municipality where the premises are located, responsible for enforcement of the housing code or, if no housing code exists, of the public health code, or to the agency responsible for enforcement of the code or ordinance alleged to have been violated, or to another municipal agency which referred such complaint to the municipal agency responsible for enforcement of such code or ordinance. In the case of a mobile manufactured home located in a mobile manufactured home park, such complaint may be made to the Commissioner of Consumer Protection. The entry fee shall be twenty-five dollars, which may be waived in accordance with section 52-259b. Such entry fee shall be a taxable cost of the action. If, on the same day, more than one tenant from the same building or complex institutes an action under this section and pays the entry fee for such action, unless such fee is waived, the actions shall be treated as a single action. No recognizance or bond shall be required.

(c) Upon receipt of the complaint, the clerk shall promptly set the matter down for hearing to be held not more than fourteen days after the filing of the complaint or the return of service, whichever is later, and shall cause a copy of the complaint and the notice of the action to be sent separately by certified mail, return receipt requested, to (1) each landlord named in the complaint and (2) the director of the municipal or state agency to which the tenant has alleged, pursuant to subsection (b) of this section, that a complaint concerning the premises has been made. At such hearing, the agency notified pursuant to subdivision (2) of this subsection shall submit to the court the inspection report prepared as a result of the complaint made by the tenant.

(d) If proof of service is not returned to the clerk, the complaint shall be served by the plaintiff in accordance with section 52-57.

(e) The complainant may seek and the court may order interim or final relief including, but not limited to, the following: (1) An order compelling the landlord to comply with the landlord's duties under local, state or federal law; (2) an order appointing a receiver to collect rent or to correct conditions in the property which violate local, state or federal law; (3) an order staying other proceedings concerning the same property; (4) an award of money damages, which may include a retroactive abatement of rent paid pursuant to subsection (h) of this section; and (5) such other relief in law or equity as the court may deem proper. If the court orders a retroactive abatement of rent pursuant to subdivision (4) of this subsection and all or a portion of the tenant's rent was deposited with the court pursuant to subsection (h) of this section by a housing authority, municipality, state agency or similar entity, any rent ordered to be returned shall be returned to the tenant and such entity in proportion to the amount of rent each deposited with the court pursuant to subsection (h) of this section.

(f) The landlord, by counterclaim, may request and the court may issue an order compelling the tenant to comply with his duties under section 47a-11.

(g) The court, in ordering interim or final relief, may order that accrued payments of rent or use and occupancy held by the clerk be used for the repair of the building or be distributed in accordance with the rights of the parties.

(h) On each rent due date on or after the date when the complaint is filed with the clerk of the court, or within nine days thereafter or, in the case of a week-to-week tenancy, within four days thereafter, the tenant shall deposit with the clerk of the court an amount equal to the last agreed-upon rent. If all or a portion of the tenant's rent is being paid to the landlord by a housing authority, municipality, state agency or similar entity, this requirement shall be satisfied if the tenant deposits an amount equal to such tenant's portion of the last agreed-upon rent with the clerk. The court may make such entity a party to the action. The clerk shall accept such payment of rent and shall provide the tenant with a receipt. Payment to the clerk shall, for all purposes, be the equivalent of having made payment to the landlord himself. No landlord may maintain an action against a tenant to recover possession for nonpayment of rent if an amount equal to the rent due has been received by the clerk. When the complaint and notice of the action are served pursuant to subsection (c) or (d) of this section, the clerk shall promptly notify the landlord of the receipt of any such payment and of the prohibition against maintaining an action to recover possession for nonpayment of rent. If the complainant fails to make such payment of rent, the court may, after proper notice, upon its own motion or upon motion by the landlord, dismiss the complaint.

(i) The landlord may, at any time, move for the termination of payment into court and the clerk shall promptly schedule a hearing on such motion. If the court finds that the violations of section 47a-7 have been corrected, it shall enter a judgment with respect to the rights and obligations of the parties in the action and with respect to the distribution of any money held by the clerk.

(j) Nothing in this section and sections 47a-20 and 47a-68 shall be construed to limit or restrict in any way any rights or remedies which may be available to a tenant, to the state or to a municipality under any other law.

(k) The judges of the Superior Court may, in accordance with the provisions of section 51-14, adopt rules for actions brought under this section and sections 47a-20 and 47a-68, including the promulgation of a simplified form for the bringing of such actions.

(l) For the purposes of this section, “tenant” includes each resident of a mobile manufactured home park, as defined in section 21-64, including a resident who owns his own home, and “landlord” includes a “licensee” and an “owner” of a mobile manufactured home park, as defined in section 21-64.

(P.A. 83-510, S. 1–4, 7–9; P.A. 84-266, S. 3, 4; P.A. 85-378, S. 1, 2; P.A. 89-254, S. 3; P.A. 91-383, S. 16; P.A. 93-240; 93-435, S. 28, 95; P.A. 01-186, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 10-32, S. 143; P.A. 16-51, S. 2.)

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Sec. 47a-15. Noncompliance by tenant. Remedy of breach by tenant. Landlord's remedies.

 

 Prior to the commencement of a summary process action, except in the case in which the landlord elects to proceed under sections 47a-23 to 47a-23b, inclusive, to evict based on nonpayment of rent, on conduct by the tenant which constitutes a serious nuisance or on a violation of subsection (h) of section 47a-11, if there is a material noncompliance with section 47a-11 which materially affects the health and safety of the other tenants or materially affects the physical condition of the premises, or if there is a material noncompliance by the tenant with the rental agreement or a material noncompliance with the rules and regulations adopted in accordance with section 47a-9, and the landlord chooses to evict based on such noncompliance, the landlord shall deliver a written notice to the tenant specifying the acts or omissions constituting the breach and that the rental agreement shall terminate upon a date not less than fifteen days after receipt of the notice. If such breach can be remedied by repair by the tenant or payment of damages by the tenant to the landlord, and such breach is not so remedied within such fifteen-day period, the rental agreement shall terminate except that (1) if the breach is remediable by repairs or the payment of damages and the tenant adequately remedies the breach within such fifteen-day period, the rental agreement shall not terminate; or (2) if substantially the same act or omission for which notice was given recurs within six months, the landlord may terminate the rental agreement in accordance with the provisions of sections 47a-2v3 to 47a-23b, inclusive. For the purposes of this section, “serious nuisance” means (A) inflicting bodily harm upon another tenant or the landlord or threatening to inflict such harm with the present ability to effect the harm and under circumstances which would lead a reasonable person to believe that such threat will be carried out, (B) substantial and wilful destruction of part of the dwelling unit or premises, (C) conduct which presents an immediate and serious danger to the safety of other tenants or the landlord, or (D) using the premises or allowing the premises to be used for prostitution or the illegal sale of drugs or, in the case of a housing authority, using any area within fifteen hundred feet of any housing authority property in which the tenant resides for the illegal sale of drugs. If the landlord elects to evict based upon an allegation, pursuant to subsection (g) of section 47a-11, that the tenant failed to require other persons on the premises with his consent to conduct themselves in a manner that will not constitute a serious nuisance, and the tenant claims to have had no knowledge of such conduct, then, if the landlord establishes that the premises or, in the case of a landlord that is a housing authority, the premises or any area within fifteen hundred feet of any housing authority property in which the tenant resides has been used for the illegal sale of drugs, the burden shall be on the tenant to show that he had no knowledge of the creation of the serious nuisance.

(P.A. 76-95, S. 16, 27; 76-435, S. 75, 82; P.A. 79-571, S. 35; P.A. 80-288; P.A. 86-267, S. 2; P.A. 89-254, S. 4; P.A. 95-247, S. 6; P.A. 97-231, S. 2.)

Sec. 47a-15a. Nonpayment of rent by tenant: Landlord's remedy. 

 

If rent is unpaid when due and the tenant fails to pay rent within nine days thereafter or, in the case of a one-week tenancy, within four days thereafter, the landlord may terminate the rental agreement in accordance with the provisions of sections 47a-23 to 47a-23b, inclusive.

(P.A. 79-571, S. 36; P.A. 89-254, S. 5.)

Sec. 47a-16. When landlord may enter rented unit.

 

 (a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed to repairs, alterations or improvements, supply necessary or agreed to services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

(b) A landlord may enter the dwelling unit without consent of the tenant in case of emergency.

(c) A landlord shall not abuse the right of entry or use such right of entry to harass the tenant. The landlord shall give the tenant reasonable written or oral notice of his intent to enter and may enter only at reasonable times, except in case of emergency.

(d) A landlord may not enter the dwelling unit without the consent of the tenant except (1) in case of emergency, (2) as permitted by section 47a-16a, (3) pursuant to a court order, or (4) if the tenant has abandoned or surrendered the premises.

(P.A. 76-95, S. 11, 27; 76-435, S. 75, 82; P.A. 79-571, S. 22; P.A. 89-254, S. 6.)

Sec. 47a-16a. Notification by tenant of extended absence.

 

When landlord may enter. Unless otherwise agreed, the tenant shall be required to notify the landlord of any anticipated extended absence from the premises and the landlord thereupon may enter the dwelling unit at reasonable times during such prolonged absence to inspect the premises, make necessary or agreed to repairs, alterations or improvements, supply necessary or agreed to services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

(P.A. 79-571, S. 23.)

Sec. 47a-17. Tenant to occupy only as dwelling unit. 

 

Unless otherwise agreed, a tenant shall occupy his dwelling unit only as a dwelling unit.

(P.A. 76-95, S. 12, 27; 76-435, S. 75, 82; P.A. 79-571, S. 21.)

Sec. 47a-18. Judicial relief if tenant refuses entry. 

 

If the tenant refuses to allow entry pursuant to section 47a-16 or section 47a-16a, the landlord may obtain a declaratory judgment or injunctive relief to compel access or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney's fees.

(P.A. 76-95, S. 18, 27; 76-435, S. 75, 82; P.A. 79-571, S. 24.)

Sec. 47a-18a. Judicial relief if landlord unlawfully enters. 

 

If the landlord makes an entry prohibited by section 47a-16 or 47a-16a, or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees. The tenant may also obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement.

(P.A. 79-571, S. 25; P.A. 89-254, S. 7.)

Sec. 47a-19. Rental agreement:

 

Acceptance of rent when overdue. Acceptance of rent with the knowledge that such rent is overdue constitutes a waiver of the landlord's right to terminate the rental agreement for the tenant's failure to pay such rent when it was due.

(P.A. 76-95, S. 17, 27; 76-435, S. 75, 82; P.A. 79-571, S. 6.)

Sec. 47a-20. (Formerly Sec. 19-375a). Retaliatory action by landlord prohibited. 

 

A landlord shall not maintain an action or proceeding against a tenant to recover possession of a dwelling unit, demand an increase in rent from the tenant, or decrease the services to which the tenant has been entitled within six months after: (1) The tenant has in good faith attempted to remedy by any lawful means, including contacting officials of the state or of any town, city or borough or public agency or filing a complaint with a fair rent commission, any condition constituting a violation of any provisions of chapter 368o, or of chapter 412, or of any other state statute or regulation, or of the housing and health ordinances of the municipality wherein the premises which are the subject of the complaint lie; (2) any municipal agency or official has filed a notice, complaint or order regarding such a violation; (3) the tenant has in good faith requested the landlord to make repairs; (4) the tenant has in good faith instituted an action under subsections (a) to (i), inclusive, of section 47a-14h; or (5) the tenant has organized or become a member of a tenants' union.

(1971, P.A. 852, S. 1–4; 1972, P.A. 160, S. 5; 186, S. 13; P.A. 76-95, S. 19, 27; 76-435, S. 75, 82; P.A. 79-571, S. 17; P.A. 83-510, S. 6, 9.)

Sec. 47a-20a. Actions deemed not retaliatory. 

 

(a) Notwithstanding the provisions of section 47a-20, the landlord may maintain an action to recover possession of the dwelling unit if: (1) The tenant is using the dwelling unit for an illegal purpose or for a purpose which is in violation of the rental agreement or for nonpayment of rent; (2) the landlord seeks in good faith to recover possession of the dwelling unit for immediate use as his own abode; (3) the condition complained of was caused by the wilful actions of the tenant or another person in his household or a person on the premises with his consent; or (4) the landlord seeks to recover possession on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant before the tenant's complaint.

(b) Notwithstanding the provisions of section 47a-20, a landlord may increase the rent of a tenant if: (1) The condition complained of was caused by the lack of due care by the tenant or another person of his household or a person on the premises with his consent or (2) the landlord has become liable for a substantial increase in property taxes, or a substantial increase in other maintenance or operating costs not associated with his complying with the complaint, not less than four months before the demand for an increase in rent, and the increase in rent does not exceed the prorated portion of the net increase in taxes or costs.

(c) Nothing in this section or section 47a-20 shall be construed to in any way limit the defense provided in section 47a-33.

(P.A. 79-571, S. 18.)

Secs. 47a-20b to 47a-20d. Reserved for future use.

Sec. 47a-20e. Protection of tenant in foreclosed property.

 

 (a) For purposes of this section:

(1) “Bona fide tenant” means a tenant who (A) is not the mortgagor or owner of the property, and (B) entered into the rental agreement in an arms-length transaction; and

(2) “Premises”, “rental agreement” and “tenant” have the same meanings as provided in section 47a-1.

(b) Whenever a mortgage or lien of residential real property has been foreclosed and there is a bona fide tenant in possession on the date absolute title to the property vests in the mortgagee, lienholder or successor in interest, any execution of ejectment issued pursuant to section 49-22 against such tenant shall be stayed and no summary process action pursuant to chapter 832 or other action to dispossess such tenant shall be commenced until (1) in the case of a written rental agreement entered into more than sixty days before the commencement of the foreclosure action, the expiration date contained in such rental agreement or sixty days after the date absolute title vests in the mortgagee, lienholder or successor in interest, whichever occurs first, or (2) in the case of a rental agreement other than one described in subdivision (1) of this subsection, thirty days after the date absolute title vests in the mortgagee, lienholder or successor in interest, except that a summary process action or other action to dispossess such tenant may be commenced prior to such date for a reason set forth in section 47a-23 or 47a-31 other than for the reason that the tenant no longer has the right or privilege to occupy the premises as a result of such judgment of foreclosure.

(Nov. 24 Sp. Sess. P.A. 08-2, S. 6.)

Sec. 47a-20f. Offer of incentive to tenant in foreclosed property to vacate. 

 

Upon the foreclosure of a mortgage or lien of residential real property, any money or other valuable consideration offered by a mortgagee, lienholder or other successor in interest to a tenant in possession as an incentive to vacate the premises shall be at least equal in amount or value to the greater of (1) the security deposit and interest that would be due such tenant pursuant to chapter 831 upon the termination of the tenancy plus any such security deposit and interest, (2) two months' rent, or (3) two thousand dollars. No mortgagee, lienholder or other successor in interest may require a tenant in possession, as a condition of the receipt of such money or other valuable consideration, to waive or forfeit any rights or remedies such tenant may have under law against such mortgagee, lienholder or successor in interest other than the right to bring an action to reclaim the security deposit and interest that would be due such tenant.

(Nov. 24 Sp. Sess. P.A. 08-2, S. 7; P.A. 10-181, S. 3.)