Leases

Question 1

Landlord and Tenant Law Section

Answer 1

CT General Statute Title 47a

Question 2

CT Lease Statute of Frauds

Answer 2

leases for a term of more than one year must be in writing to be enforceable

Question 3

CT Lease Records

Answer 3

leases for more than one year must be recorded in the local land records to give constructive notice to a third party

Question 4

Notice of Lease

Answer 4

provided in lieu of the lease itself to the local land records for constructive notice

Question 5

Leasehold Estates

Answer 5

considered personal property under Connecticut statutes

Question 6

Term Lease

Answer 6

for a specific periord of time

Question 7

Periodic Lease

Answer 7

from period to period; month to month

Question 8

Month to Month Tenancy

Answer 8

all cases where a tenancy is not subject to an agreed on term or expiration date; except in the case of a tenant who pays weekly (week to week)

Question 9

Summary Process

Answer 9

evictions; Title 47a

Question 10

Lease Provisions

Answer 10

leases and other rental agreements may contain any terms and conditions agreeable to both parties that are not in violation of state laws

Question 11

Prohibited Clauses

Answer 11

agreement to waive rights, allowance for the landlord to automatically obtain judgment w/o tenant’s knowledge, excuse the landlord form damages the tenant suffers, waive right to security deposit, eviction allowance w/o court order, seizure of property for security for rent, agreement to pay landlords attorney’s fee in excess of 15%

Question 12

Security Deposit

Answer 12

in CT landlords are not required to charge a security deposit; maximum deposits are two months rent; tenants 62 and older can only require one months rent

Question 13

Escrow Accounts

Answer 13

security deposits must be kept in account and separate from the other funds of the landlords; must be maintained in a financial institution, landlord must pay the tenant the earned interest on the deposit at the anniversary of the lease

Question 14

Security Deposit Return

Answer 14

must be returned within 30 days of the date the tenancy ends, unless there have been damages to the property by the tenant; can also be held for rent owed

Question 15

Landlords’ Right to Enter

Answer 15

right to make inspections, repairs, alterations and so on when entry is made at reasonable times; must be given reasonable notice and in a manner that does not constitute harassment of the tenant

Question 16

Unlawful Occupancy

Answer 16

if a landlord allows or permits a tenant to occupy a building that has not received a certificate of occupancy, her or she is prohibited from recovering rent during the period of this unlawful occupancy

Question 17

Receipt of Payment

Answer 17

landlord must provide a tenant with a receipt for a cash payment even if no receipt is requested

Question 18

Criminal Damage

Answer 18

a tenant who intentionally damages leased property is considered to have committed a crime and can be criminally prosecuted

Question 19

Felony Criminal Damage

Answer 19

damage to the property exceeds $1500

Question 20

Misdemeanor Criminal Damage

Answer 20

damage exceeding $250 but less than $1500

Question 21

Landlord’s Recourse

Answer 21

if a tenant fails to pay rent within nine days of the due date the landlord may terminate the lease and evict the tenant

Question 22

Lease Breach

Answer 22

those that do not involve nonpayment of rent; landlord may deliver a written notice to the tenant citing the breaches and notifying the tenant that unless remedied the lease will terminate in 15 days

Question 23

Abandonment of Property

Answer 23

landlord is required to make a reasonable effort to rent the property to minimize the tenant’s liabilities (cannot just sue for the remainder of the lease)

Question 24

Tenant’s Recourse

Answer 24

if a landlord breaches the rental agreement or fails to fulfill any of his or her legal obligations, the tenant may terminate the agreement; must give the landlord written notice and landlord has 15 days to remedy

Question 25

Essential Services

Answer 25

heat, water and electricity

Question 26

Notice to Quit Possession

Answer 26

first step in residential eviction; given by the landlord to the tenant calling for the tenant to quit possession

Question 27

Court Action

Answer 27

if the tenant does not leave after the time to quit possession has passed; landlord can file a complaint in Superior Court for immediate possession

Question 28

Eviction - Tenant Failure to Appear in Court

Answer 28

court will file a judgment and award the landlord possession and his or her court costs

Question 29

Eviction - Tenant Appears in Court

Answer 29

hearing is conducted, the court will order the tenant to deposit with the court and amount equal to the fair market rental value of the property for the court proceeding period, the court will then make a determination as to the possession of the property

Question 30

Absentee Landlords

Answer 30

CT municipalities are allowed to laws requiring them to register their residential addresses with the city or town that houses their rental property; a land lord who does not reside on the property