Contrato de arrendamiento de alquiler residencial
State of Connecticut Landlord & Tenant Law
Connecticut General Statutes 1995 Title-47a
Chapter-830 - Rights and Responsibilities of Landlord and Tenant
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, 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. Title 47-A, Chap. 830, Sec.
47a-1.
Arrangements exempted from application of title.
Applicability of title to mobile manufactured homes and home parks.
(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,
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;
and
(5) occupancy by an owner of a condominium unit.
(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. Title 47-A, Chap. 830, Sec. 47a-2.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.
47a-2a. Transferred to Chapter 814c, Sec.
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.
Title 47-A, Chap. 830, 47a-3.
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 instalments
at the beginning of each month.
(c) Upon receipt of a payment in cash from or on behalf of an occupant,
a landlord shall, if requested by the person making the payment, provide
such person with a receipt stating the date of the payment, the amount
received and the purpose for which the payment was made. Title 47-A,
Chap. 830, 47a-3a.
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. Title 47-A, Chap. 830, Sec. 47a-3b.
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. Title 47-A, Chap.
830, Sec. 47a-3c.
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. Title 47-A, Chap. 830,
Sec. 47a-3d. (Formerly Sec. 47-22).
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.
Title 47-A, Chap. 830, Sec. 47a-3e.
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; or
(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.
(b) A provision prohibited by subsection (a) of this
section included in a rental agreement is unenforceable. Title 47-A,
Chap. 830, Sec. 47a-4.(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.)
Effect of failure to comply with section
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. Title 47-A, Chap. 830, Sec. 47a-4a.
Failure to install smoke detectors constitutes a material safety
hazard and tenants are relieved of obligation to pay rent during period
detectors not installed. 38 CS 6769.
No rent recoverable for period of unlawful occupation.
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, rent shall
not be recoverable by the owner or lessor of the premises for such period
of unlawful occupation. Title 47-A, Chap. 830, Sec. 47a-5.
(Formerly Sec. 47-24a).
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. Title 47-A, Chap. 830, Sec. 47a-6.
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. Title 47-A, Chap.
830, §Sec. 47a-7.
Paint not conforming to standards renders property unfit.
Section 47a-8 is repealed, effective July 1, 1994. Title 47-A,
Chap. 830, Sec. 47a-8. (Formerly Sec. 47-24c).
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.
Title 47-A, Chap. 830, Sec. 47a-9.
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. Title 47-A, Chap. 830, Sec. 47a-10.
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.
Title 47-A, Chap. 830, Sec. 47a-11.
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. Title 47-A, Chap. 830, Sec. 47a-11a.
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.
Title 47-A, Chap. 830, Sec. 47a-11b.
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 in twenty-one days, the rental agreement shall
terminate nine days thereafter. 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. Title 47-A, Chap. 830, Sec.
47a-12.
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
two business days 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. Title 47-A, Chap. 830, Sec. 47a-13.
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. Title 47-A, Chap. 830, Sec.
47a-13a.
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. Title 47-A,
Chap. 830, Sec. 47a-14.
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. Title 47-A, Chap. 830, Sec. 47a-14a.
(Formerly Sec. 19-347k).
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. Title 47-A, Chap. 830, Sec. 47a-14b.
(Formerly Sec. 19-347l).
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. Title 47-A, Chap. 830, Sec. 47a-14c.
(Formerly Sec. 19-347m).
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.
Title 47-A, Chap. 830, Sec. 47a-14d. (Formerly Sec. 19-347n).
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. Title
47-A, Chap. 830, Sec. 47a-14e. (Formerly Sec. 19-347o).
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. Title
47-A, Chap. 830, Sec. 47a-14f. (Formerly Sec. 19-347p).
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. Title
47-A, Chap. 830, Sec. 47a-14g. (Formerly Sec. 19-347q).
Action by individual tenant to enforce landlord's responsibilities.
Payment of rent into court.
(a) Any tenant who claims that his landlord has failed to perform
his legal duties, as required by section 47a-7 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 he resides to obtain the relief authorized
by this section and sections 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 him prior to his 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 him prior to
his 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; 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 his 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) 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).
(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 ten days thereof, 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 his 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. Title 47-A, Chap. 830, Sec. 47a-14h.
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 thirty 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 twenty-one days 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 twenty-one-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-23 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 for prostitution or 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 have 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. Title 47-A, Chap. 830, Sec. 47a-15.
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. Title
47-A, Chap. 830, Sec. 47a-15a.
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.
Title 47-A, Chap. 830, Sec. 47a-16.
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.
Title 47-A, Chap. 830, Sec. 47a-16a.
Tenant to occupy only as dwelling unit.
Unless otherwise agreed, a tenant shall occupy his dwelling unit
only as a dwelling unit. Title 47-A, Chap. 830, Sec. 47a-17.
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.
Title 47-A, Chap. 830, Sec. 47a-18.
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.
Title 47-A, Chap. 830, Sec. 47a-18a.
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. Title
47-A, Chap. 830, Sec. 47a-19.
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.
Title 47-A, Chap. 830, Sec. 47a-20. (Formerly Sec. 19-375a).
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.
Title 47-A, Chap. 830, Sec. 47a-20a.
Connecticut General Statutes 1995 Title-47a
Chapter-831
CHAPTER 831* ADVANCE RENTAL PAYMENT. SECURITY DEPOSITS
Security deposits.
(a) Definitions. As used in this chapter:
(1) "Commissioner" means the commissioner of banking.
(2) "Escrow account" means any account at a financial
institution which is not subject to execution by the creditors of the person
in whose name such account is maintained and includes a clients' funds
account.
(3) "Escrow agent" means the person in whose name an
escrow account, including a clients' funds account, is maintained.
(4) "Financial institution" means any state bank and
trust company, national bank, savings bank, federal savings bank, savings
and loan association, and federal savings and loan association that is
located in this state.
(5) "Forwarding address" means the address to which a security
deposit may be mailed for delivery to a former tenant.
(6) "Landlord" means any landlord of residential real
property, and includes
(A) any receiver;
(B) any person who is a successor to a landlord or to a landlord's
interest; and
(C) any tenant who sublets his premises.
(7) "Receiver" means any person who is appointed or
authorized by any state, federal or probate court to receive rents from
tenants, and includes trustees, executors, administrators, guardians, conservators,
receivers, and receivers of rent.
(8) "Rent receiver" means a receiver who lacks court
authorization to return security deposits and to inspect the premises of
tenants and former tenants.
(9) "Residential real property" means real property
containing one or more residential units, including residential units not
owned by the landlord, and containing one or more tenants who paid a security
deposit.
(10) "Security deposit" means any advance rental payment
other than an advance payment for the first month's rent and a deposit
for a key or any special equipment.
(11) "Successor" to a landlord or to a landlord's interest
means any person who succeeds to a landlord's interest whether by purchase,
foreclosure or otherwise and includes a receiver.
(12) "Tenant" means a tenant, as defined in section
47a-1, or a resident, as defined in section 21-64.
(13) "Tenant's obligations" means
(A) the amount of any rental or utility payment due the landlord
from a tenant; and
(B) a tenant's obligations under the provisions of section 47a-11.
(b) Amount of security deposit.
(1) In the case of a tenant under sixty-two years of age,
a landlord shall not demand a security deposit in an amount or value in
excess of two months' periodic rent which may be in addition to the current
month's rent.
(2) In the case of a tenant sixty-two years of age or
older, a landlord shall not demand a security deposit in an amount or value
in excess of one month's periodic rent, which may be in addition to the
current month's rent. Upon the request of a tenant sixty-two years of age
or older, any landlord who has received from such tenant a security deposit
in an amount or value in excess of one month's periodic rent shall refund
to such tenant the portion of such security deposit that exceeds
one month's periodic rent.
(c) Exemption from attachment and execution. Assignment
to successor. Any security deposit paid by a tenant shall remain the property
of such tenant in which the landlord and his successor shall have a security
interest, as defined in subsection (37) of section 42a-1-201, to secure
such tenant's obligations. A security deposit shall be exempt from attachment
and execution by the creditors of the landlord or his successor and shall
not be considered part of the estate of the landlord or his successor in
any legal proceeding. Any voluntary or involuntary transfer of a landlord's
interest in residential real estate to a successor shall constitute an
assignment to such successor of such landlord's security interest in all
security deposits paid by tenants of such transferred residential real
estate.
(d) Payment of security deposit and interest at termination
of tenancy.
(1) Within the time specified in subdivisions (2) and (4)
of this subsection, the person who is the landlord at the time a tenancy
is terminated, other than a rent receiver, shall pay to the tenant or former
tenant:
(A) The amount of any security deposit that was deposited by the
tenant with the person who was landlord at the time such security deposit
was deposited less the value of any damages which any person who was a
landlord of such premises at any time during the tenancy of such tenant
has suffered as a result of such tenant's failure to comply with such tenant's
obligations; and
(B) any accrued interest due on such security deposit as required
by subsection (i) of this section. If the landlord at the time of termination
of a tenancy is a rent receiver, such rent receiver shall return security
deposits in accordance with the provisions of subdivision (3) of
this subsection.
(2) Upon termination of a tenancy, any tenant may notify
his landlord in writing of such tenant's forwarding address. Within thirty
days after termination of a tenancy, each landlord other than a rent receiver
shall deliver to the tenant or former tenant at such forwarding address
either
(A) the full amount of the security deposit paid by such tenant
plus accrued interest as provided in subsection (i) of this section, or
(B) the balance of the security deposit paid by such tenant plus
accrued interest as provided in subsection (i) of this section after deduction
for any damages suffered by such landlord by reason of such tenant's
failure to comply with such tenant's obligations, together with a written
statement itemizing the nature and amount of such damages. Any such landlord
who violates any provision of this subsection shall be liable for twice
the value of any security deposit paid by such tenant.
(3)
(A) Any receiver who is authorized by the court appointing him receiver
to return security deposits and to inspect the premises of any tenant shall
pay security deposits and interest in accordance with the provisions of
subdivisions (1) and (2) of this subsection from the operating income of
such receivership to the extent that any such payments exceed the amount
in any escrow accounts for such tenants.
(B) Any rent receiver shall present any claim by any tenant for
return of a security deposit to the court which authorized him to be a
rent receiver. Such court shall determine the validity of any such claim
and shall direct such rent receiver to pay from the escrow account or from
the operating income of such property the amount due such tenant as determined
by such court.
(4) Any landlord who does not have written notice of his tenant's or former tenant's forwarding address shall deliver any written statement and security deposit due to the tenant, as required by subdivision (2) of this subsection, within the time required by subdivision (2) of this subsection or within fifteen days after receiving written notice of such tenant's forwarding address, whichever is later.
