Connecticut Landlord/Tenant Laws

Norwalk Landlord/Tenant Rights

Attorney Lisa Gustafson at Kratter & Gustafson, our Norwalk law firm, helps our clients resolve landlord/tenant disputes involving lease agreements, security deposits, and eviction. If you are involved in a dispute, we will see to it that your rights are protected and work hard to achieve the results you want. Contact us today to arrange for a free phone consultation with a Connecticut landlord/tenant lawyer: 203-853-2312.

Eviction · Stay of Execution · Leases · Tenant Responsibilities · Landlord Responsibilities · Security Deposits

Eviction

The only legal way a landlord can remove a tenant from the property is through a court eviction action called summary process. An eviction action may be brought for the following reasons:

• lapses of time (the lease term has expired and the tenant has not moved out)
• non-payment of rent when due or within the grace period
• violation of a term of the lease or of a tenant's duties and responsibilities
• nuisance or serious nuisance
• no right or privilege to occupy the premises
• the right or privilege to occupy has terminated

Stay of Execution:

If the tenant loses, the tenant is allowed to remain in the apartment for five days, not including Sundays, legal holidays and the date of judgment. This is called a Stay of Execution. Notice of judgment is mailed, with an explanation of the tenant's rights.

• If an eviction judgment is entered because of nonpayment of rent a tenant who pays all back rent to the court within five days of the date of judgment may apply for up to three months to stay in the premises.
• If an eviction judgment enters against the tenant for lapse of time, violation, or where the right to occupy has terminated, he or she is allowed to remain in the apartment for five days from the date of judgment and may apply for up to six months more.
• As soon as the stay of execution expires, the landlord may get an execution to remove the tenant and his or her belongings from the apartment. A state marshal must serve the tenant or leave a copy of the execution notice at the premises.

Leases:

A lease is a document that records the contract between the landlord and the tenant.
Most written leases contain the following provisions:

• a description of the property the tenant is renting
• the length of time the tenant will be allowed to live in the unit
• the names of the landlord and the tenant
• the amount of rent, the due date and any late charges for late payments of rent
• the landlord's rules and regulations
• the tenant's rights and responsibilities
• responsibilities for maintenance of the unit
• provisions for utility services (whether or not payment of utilities is included in the rent charge)
• the amount of the security deposit, if any

A written lease may also contain one or more of the following provisions:

• sublease arrangements (terms under which the tenant may rent the apartment to someone else)
• laundry and recreational facilities (whether any are included)
• which appliances, if any, are provided by the landlord

If there is no written lease, the landlord and tenant may agree upon terms orally.

Oral Leases are agreements arrived at between the landlord and tenant after a discussion of rental items. It is usually a month-to-month agreement where the rent is paid on a monthly basis and the tenancy continues indefinitely until either the landlord or the tenant terminates it. An oral lease, like a written lease, is binding on both parties; however, an oral lease is more difficult to enforce and its terms are more difficult to prove because it comes down to one person's word against another's.

Tenant Responsibilities:

The tenant is required to do the following:

• Pay the rent on time. If the rent is not paid by midnight of the ninth day after the day it is due (for month-to-month tenancies) or midnight of the fourth day after it is due (for week-to-week tenancies), the landlord may start legal proceedings to evict the tenant.
• Keep the apartment and the surrounding areas clean and in good condition. (For example, garbage should not be piled up or left around, but should be disposed of promptly.)
• Keep noise to a level that will not disturb your neighbors.
• Repair any damage occurring to the apartment through the fault of the tenant, family members or guests. If there is major damage, the tenant should notify the landlord at once.
• Notify the landlord immediately if the apartment needs repairs through no fault of the tenant.
• Give the landlord permission, on advance notice, to enter the apartment at reasonable times to inspect the place or to make any necessary repairs.
• Notify the landlord of any extended absence from the apartment so he or she can keep an eye on things.
• When moving out, give the landlord proper advance notice, be sure that the apartment is in the same condition as when the tenant moved in, and return the key to the landlord promptly.

Landlord Responsibilities:

The landlord is required to provide:

• a clean apartment when the tenant moves in
• clean common areas (hallways, stairs, yards, entryways)
• well-lit hallways and entryways
• properly working plumbing and heating (both hot and cold running water)

In addition, the following may be required by state and local housing, health and fire codes:

• properly repaired and safe stairways, porches, floors, ceilings and walls
• good locks on the doors to the apartment
• safe fire exits from the building
• two electrical outlets in each room
• viewing devices on doors that open onto a hallway (in some communities)
• extermination service if the apartment is infested with pests or rodents
• a smoke detector that is in working order

Landlords should check the appropriate state and local agencies to see what applies to their properties.

Security Deposits:

Most landlords require a security deposit when a new tenant moves in. The security deposit is an advance payment that is used to protect the landlord from damages to the apartment or unpaid rent. It is not applied to the rent bill but is completely separate.

• By law, the security deposit may not be any more than two months' rent. However, if the tenant is 62 years old or older, it may not be more than one month's rent. The deposit is held by the landlord on behalf of the tenant; the landlord merely has a security interest in the funds.
• The landlord is required by law to put the full amount of the security deposit into an escrow account where it will earn annual interest at a rate set by the Banking Commissioner. The tenant is entitled to the interest for all months in which the rent is paid on time (within the applicable grace period). With certain exceptions, the tenant will not receive interest for any months in which the rent was paid after the grace period. A landlord who fails to pay the interest due on the security deposit may be sued for the amount or may be subject to a fine.
• The landlord must return the security deposit within thirty (30) days after the tenant moves out, if the tenant has not caused damage to the premises. The landlord must return the full security deposit, plus interest. If the tenant has damaged the premises, the landlord must return the balance of the security deposit, if any, and must provide an itemized list of what was charged for the damages.
• The tenant must give the landlord written notice of his or her forwarding address so that the landlord knows where to send the money. A landlord who does not respond within thirty days may be liable for double the amount of the security deposit.

If you are involved in a landlord/tenant dispute, or have another question about Connecticut landlord tenant law, rights, or our practice, please call or e-mail attorney Lisa Gustafson at our Norwalk firm.

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