Leases Flashcards
Landlord and Tenant Law Section
CT General Statute Title 47a
CT Lease Statute of Frauds
leases for a term of more than one year must be in writing to be enforceable
CT Lease Records
leases for more than one year must be recorded in the local land records to give constructive notice to a third party
Notice of Lease
provided in lieu of the lease itself to the local land records for constructive notice
Leasehold Estates
considered personal property under Connecticut statutes
Term Lease
for a specific periord of time
Periodic Lease
from period to period; month to month
Month to Month Tenancy
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)
Summary Process
evictions; Title 47a
Lease Provisions
leases and other rental agreements may contain any terms and conditions agreeable to both parties that are not in violation of state laws
Prohibited Clauses
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%
Security Deposit
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
Escrow Accounts
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
Security Deposit Return
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
Landlords’ Right to Enter
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
Unlawful Occupancy
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
Receipt of Payment
landlord must provide a tenant with a receipt for a cash payment even if no receipt is requested
Criminal Damage
a tenant who intentionally damages leased property is considered to have committed a crime and can be criminally prosecuted
Felony Criminal Damage
damage to the property exceeds $1500
Misdemeanor Criminal Damage
damage exceeding $250 but less than $1500
Landlord’s Recourse
if a tenant fails to pay rent within nine days of the due date the landlord may terminate the lease and evict the tenant
Lease Breach
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
Abandonment of Property
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)
Tenant’s Recourse
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
Essential Services
heat, water and electricity
Notice to Quit Possession
first step in residential eviction; given by the landlord to the tenant calling for the tenant to quit possession
Court Action
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
Eviction - Tenant Failure to Appear in Court
court will file a judgment and award the landlord possession and his or her court costs
Eviction - Tenant Appears in Court
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
Absentee Landlords
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
