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Torrington, CT 06790-5343
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Additional information on landlord tenant law is also available from the Connecticut Judicial Branch Landlord Tenant Web Page.

PLEASE NOTE:
This document contains general information summarized from the Connecticut General Statutes and is provided as a courtesy by the Law Offices of David A. Huntoon, LLC. It is not intended to provide legal advice, and should not be used for that purpose. You should always consult an attorney regarding any legal questions you may have in interpreting your rights and responsibilities under the law.

PAYMENT OF RENT
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. (§ 47a-3a)

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. (§ 47a-3a)

In the absence of an agreement (lease), the tenant shall pay the fair rental value for the use and occupancy of the dwelling unit. (§ 47a-3c)

TERM (LENGTH) OF TENANCY
Unless the rental agreement (lease) 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. (§ 47a-3b)

Holding over by any lessee (staying after the lease expires), after the expiration of the term of his lease, shall not be evidence of any agreement for a further lease. Parol (verbal) leases reserving a monthly rent with no set term or time of termination shall be construed to be leases for one month only. (§ 47a-3d)

REQUIRED NOTICE WITH COMMON INTEREST COMMUNITY PROPERTY RENTALS
Whenever a dwelling unit in a common interest community is rented from a declarant (owner), 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. (§ 47a-3e)

THINGS TO KNOW REGARDING RENTAL AGREEMENTS (LEASES)
Identity of Landlord Must Be Made Known to Tenant. 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. If the landlord fails to comply this requirement, the person authorized by the landlord to enter into the rental agreement with the tenant (the one who signs the lease) 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. (§ 47a-6)

Terms Not Allowed to Be Put in Rental Agreements (Leases). A rental agreement shall not provide that the tenant: (1) Agrees to waive or forfeit rights or remedies provided to the tenant under the security deposit laws, summary process laws, or certain other laws. Consult your attorney when drafting waiver clauses if you have any questions as to their validity. (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 (9 days for a monthly tenancy, 4 days for weekly) or to pay rent in a reduced amount if such rent is paid prior to the expiration of such grace period. Such provisions do not normally make the whole lease void, but such provisions in a rental agreement is unenforceable. In addition, 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. (§ 47a-4)

LANDLORD'S RESPONSIBILITIES
Generally. These apply whether or not they are in the lease. (a) A landlord shall: (1) Comply with the requirements of chapter 368o (Tenement and Lodging Houses) 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. (§ 47a-7)

Repairs and Maintenance - Delegation to Tenant. 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. 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. (§ 47a-7)

If Landlord fails to live up to his responsibilities the following rules apply. If there is a material noncompliance by the landlord with the rental agreement or a noncompliance with his other legal responsibilities noted above 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 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. The tenant may not terminate the rental agreement 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. These rules apply only to leases in which the term of the tenancy is more than one month. (§ 47a-12)

Utilities from Landlord. 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. If the tenant elects to procure substitute housing, 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. These rights of the tenant 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. (§ 47a-13)

TENANT'S RESPONSIBILITIES
Generally. These apply whether or not they are in the lease. 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; (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; and (h) if judgment has entered against a member of the tenant's household 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 (written) consent of the landlord. (§ 47a-11)

Delegation. Tenant may also have maintenance duties if provided for in the lease, as noted above under Landlord's Responsibilities section.

Rent. 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 Summary Process law. Good idea to see your attorney first. (§ 47a- 15a)

Trap for the Unwary Landlord Attempting Eviction. 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. So if you have served a notice to quit already for nonpayment, only accept payment as use and occupancy and not as rent (make sure receipt or check says so) or your will have to start eviction over after the next month's rent is late. (§ 47a-19)

RULES AND REGULATIONS MADE BY LANDLORDS IN ADDITION TO LEASE TERMS
Adoption of New Rules By Landlord. 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 (not vague) 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 (so Tenant should receive a written copy of landlord's rules and sign an acknowledgment he has received them when he signs the lease for landlord's protection). (§ 47a-9)

Effect on Lease. If a rule or regulation that would result in a substantial modification of the terms of the rental agreement (i.e. impose a greater duty or restriction on the Tenant) 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. (§ 47-9)

IF LANDLORD SELLS THE RENTAL PROPERTY BUYER TAKES OVER RESPONSIBILITIES
Unless otherwise agreed (in the lease), a landlord who conveys premises, which include a dwelling unit subject to a rental agreement, to a bona fide purchaser (i.e. not a quitclaim to the spouse), is relieved of liability under the rental agreement and the landlord tenant laws, with respect to any events occurring after written notice to the tenant of the conveyance. A manager of premises is treated the same if he quits. (§ 47a-10)

ABANDONMENT OF PREMISES BY TENANT
If the Tenant Abandons the Dwelling Unit. The landlord shall make reasonable efforts to rent it at a fair rental in mitigation of damages. 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. (§ 47a-11a)<
"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. (§ 47a-11b)

How to Send Notice to Tenant/Occupant That You are Taking Back an Abandoned Apartment. 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 re- rent 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. The landlord shall not be required to serve a notice to quit and bring a summary process action 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 entry laws and summary process laws if the landlord knows, or reasonably should know, that the occupant has not abandoned the dwelling unit. (§ 47a-11b)

The Abandoning Tenant's Personal Property: What To Do With It. 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 (30) 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. (§ 47a-11b)

ENTRY BY LANDLORD
Be Reasonable. If the landlord makes an entry that is without reasonable notice, unless in an emergency, 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 in a law suit. The tenant may also obtain a court order prohibiting such conduct to prevent the recurrence of the conduct or terminate the rental agreement. (§§ 47a-16 - 47a-18a)

SECURITY DEPOSITS
Definitions. "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. "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. "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. "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. "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. (§ 47a-21)

Amount Landlord May Require. (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. (§ 47a-21)

Security Deposit is Property of the Tenant. 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 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. (§ 47a-21)

Nonresident Landlords. Any landlord who is not a resident of this state shall appoint in writing the secretary of the State as his attorney upon whom all process in any action or proceeding against such landlord may be served. (§ 47a-21)

Rules for Keeping Escrow Deposits. Each landlord shall immediately deposit the entire amount of all security deposits received from his tenants into one or more escrow accounts for such tenants in a financial institution. Such landlord shall be escrow agent of such account. Names of each financial institution and account numbers of each escrow account should be kept on file to be provided to the State if requested. Each landlord and each successor to the landlord's interest shall maintain each such account as escrow agent and shall not withdraw the amount of any security deposit or accrued interest on such amount. (§ 47a-21)

Rules for Escrow Deposit When Property is Transferred (Sold). Whenever any real estate is voluntarily or involuntarily transferred from a landlord, such landlord shall withdraw from the escrow account and deliver to his successor the entire amount of security deposits paid by tenants of the property being transferred, plus accrued interest. If at the time of transfer of such real estate the funds in such account are commingled with security deposits paid by tenants in real estate not being transferred to such successor, and if at such time the funds in such account are less than the amount of security deposits paid by all tenants whose security deposits are contained in such account, such landlord shall deliver to such successor a pro rata share of security deposits paid by tenants of the real estate being transferred to such successor. Any successor to a landlord shall immediately deposit the entire amount of funds delivered to him in accordance with this subdivision into an escrow account and shall maintain such account as escrow agent in accordance with these rules. These rules do not apply to transfers to Receivers, and your attorney should be consulted regarding rules with regard to receiverships. (§ 47a-21)

Withdrawals from Escrow Accounts. No person shall withdraw funds from any escrow account except as follows: Within thirty days of end of the tenancy each escrow agent shall withdraw and disburse the amount of any security deposit due to any tenant upon the termination of such tenancy together with accrued interest (see rule on interest below); each escrow agent shall withdraw from such account and pay to each tenant any accrued interest due and payable to any tenant. The escrow agent may withdraw and personally retain interest credited to and not previously withdrawn from such account to the extent such interest exceeds the amount of interest being earned by tenants under the rule described below. (§ 47a-21)

Payment and Interest When Tenant Vacates. (1) Within thirty days, or within fifteen days after receiving written notice of such tenant's forwarding address, whichever is later, the person who is the landlord at the time a tenancy is terminated shall pay to the tenant or former tenant 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 any accrued interest due on such security deposit. (§ 47a-21)

Where and How to Return it to the Tenant. 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, or (B) the balance of the security deposit paid by such tenant plus accrued interest 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 amount or value of any security deposit paid by such tenant, except that, if the violation is the failure to deliver the accrued interest, such landlord shall only be liable for twice the amount of such accrued interest. (§ 47a-21)

When Tenant's New Address Is Unknown. Any landlord who does not have written notice of his tenant's or former tenant's forwarding address within the normal thirty day period shall deliver any written statement and security deposit due to the tenant within fifteen days after receiving written notice of such tenant's forwarding address. (§ 47a-21)

Damages. The escrow agent may withdraw and personally retain the amount of damages withheld from payment of a security deposit to a tenant, in accordance with the rules above regarding return of security deposits to tenants. The escrow agent may at any time during a tenancy withdraw and pay to a tenant all or any part of a security deposit together with accrued interest on such amount as provided in the rule on interest below. The escrow agent shall also withdraw and disburse funds in accordance with the provisions regarding transfer to a successor landlord noted above. The escrow agent may also transfer any escrow account from one financial institution to another and may transfer funds from one escrow account to another provided that all security deposits in escrow accounts remain continuously in escrow accounts. (§ 47a-21)

Interest. Each landlord shall pay interest on each security deposit received by him at the rate for the deposit index for that year, except in no event shall the rate be less than one and one-half per cent. Call your bank for the average rate paid on savings deposits by insured commercial banks as last published in the Federal Reserve Board Bulletin in November of the prior year. On the anniversary date of the tenancy and annually thereafter, such interest shall be paid to the tenant or resident or credited toward the next rental payment due from the tenant or resident, as the landlord or owner shall determine. If the tenancy is terminated before the anniversary date of such tenancy, or if the landlord or owner returns all or part of a security deposit prior to termination of the tenancy, the landlord or owner shall pay the accrued interest to the tenant or resident within thirty days of such termination or return. In any case where a tenant or resident has been delinquent for more than ten days in the payment of any monthly rent, he shall forfeit any interest which would otherwise be payable to him for that month, except that there shall be no such forfeiture if, pursuant to a provision of the rental agreement, a late charge is imposed for failure to pay such rent within the grace period. No landlord or owner shall increase the rent due on any quarters or property because of the requirement that interest be paid on any security deposit made with respect to such quarters or property. (§ 47a-21)

Penalties for Violations. If the Commissioner of Banking determines that any landlord has violated any provision of the security deposit law over which the commissioner has jurisdiction, the commissioner may order such person to cease and desist from such practices and to comply with the provisions of this section. Any person who is a landlord at the time of termination of a tenancy and who knowingly and wilfully fails to pay all or any part of a security deposit when due shall be subject to a fine of not more than two hundred fifty dollars for each offense, provided it shall be an affirmative defense under this subdivision that such failure was caused by such landlord's good faith belief that he was entitled to deduct the value of damages he has suffered as a result of such tenant's failure to comply with such tenant's obligations. Any person who knowingly and wilfully withdraws security deposit money in an unlawful manner shall be subject to a fine of not more than five hundred dollars or imprisonment of not more than thirty days or both for each offense. It shall be an affirmative defense under the provisions of this subdivision that at the time of the offense, such person leased residential real property to fewer than four tenants who paid a security deposit. Any person who is a landlord at the time an interest payment is due and who knowingly and wilfully fails to make such interest payment shall be subject to a fine of not more than one hundred dollars for each offense. (§ 47a-21)

LIMITS ON EVICTION OF CERTAIN TYPES OF TENANTS
In a building or complex consisting of five or more separate dwelling units or in a mobile manufactured home park, a tenant and who is either: Sixty-two years of age or older, or whose spouse, sibling, parent or grandparent is sixty-two years of age or older and permanently resides with that tenant; blind; or physically disabled cannot be evicted except for one or more of the following reasons: (A) Nonpayment of rent; (B) refusal to agree to a fair and equitable rent increase (not during the term of any existing rental agreement); (C) behavior which materially affects the health and safety of the other tenants or which materially affects the physical condition of the premises; (D) voiding of the rental agreement by illegal activity, or material noncompliance with the rental agreement; (E) material noncompliance with the rules and regulations of the landlord; (F) permanent removal by the landlord of the dwelling unit of such tenant from the housing market (not during the term of any existing rental agreement); or (G) bona fide intention by the landlord to use such dwelling unit as his principal residence (not available to the owner of a dwelling unit in a common interest community occupied by a conversion tenant and not during the term of any existing rental agreement). A landlord, to determine whether a tenant is a protected tenant, may request proof of such protected status. On such request, any tenant claiming protection shall provide proof of the protected status within thirty days. The proof shall include a statement of a physician in the case of alleged blindness or other physical disability. (§ 47a-23c)