Landlord and Tenant Law

In Connecticut, eviction cases and other legal matters concerning landlords and tenants, whether they be residential or commercial, are handled by the Housing Session of the Superior Court. The Housing Session is presided over by a Housing Court Judge who deals exclusively with landlord/tenant cases. On the day your case is scheduled for trial, the Housing Judge will begin the day by explaining the Housing Court process to all of the litigants present. This is referred to as the "canvas" or "advisement". Next, a court employee referred to as a Housing Specialist will attempt to negotiate a settlement between the landlord and the tenant. In most cases, a settlement is reached and becomes a judgement of the court. If a settlement is not agreed to, the Court will hold a trial, sometimes on that day if time permits.

Connecticut eviction law requires a landlord to strictly follow a set of highly technical notice requirements when he seeks to evict a tenant. While Connecticut landlord/tenant law is uniquely protective of tenants rights, it allows a landlord to evict a tenant for the following specific reasons:

  1. Non-payment of rent— The failure to pay the agreed upon rent within the grace period set forth in section 47A-15a of the Connecticut General Statutes.

  2. Breach of a lease provision— The failure to comply with the duties imposed on the tenant in the lease agreement. Eviction for this reason requires an additional level of notice as set forth in section 47a-15 of the Connecticut General Statutes.

  3. Creating a nuisance— Noxious or annoying conduct by a tenant which interferes with the right to comfort and safety of others as defined in Section 47A-32 of the Connecticut General Statutes.

  4. Lapse of the time— At the end of the lease term the landlord generally has the right to terminate the tenancy and evict the tenant, with some exceptions.

  5. The tenant never had a right or privilege to occupy the premises— Where the tenant never had a lease, oral or written and never otherwise had a right to occupy the premises.

  6. The tenant once had a right or privilege to occupy the premises, but that right has ended. This is where the tenant may not have had a lease, but had a some other right to occupy the premises, which has ended.

  7. Breach of certain laws— Most residential leases require the tenant to comply with all federal state and local laws while on the premises. In addition, the Connecticut General Statutes gives the landlord the right to evict a tenant for breaching certain laws without any special provision in the lease and without any additional notice requirement, as set forth in Section 47A-15 of the Connecticut General Statutes.

Connecticut law imposes duties on both the landlord and the tenant. Duties of the landlord are set foth in Section 47A-7 of the Connecticut General Statutes, while the duties of a tenant are set forth in Section 47A-11 of the Connecticut General Statutes.

Attorney Rubino is experienced in all aspects of landlord/tenant law, incuding representing clients in Housing Court and lease negotiation and drafting. He can help you negotiate a lease and can represent you in Housing Court in the event of a dispute and will work hard to obtain the result you desire. Contact James Rubino online or call him today at 203.327.4212.