Is it necessary to have a written lease or rental agreement in the State of Connecticut?

A lease or rental agreement can be either written or oral, however, a written lease is recommended. Oral leases are more difficult to enforce and the terms are more difficult to prove in the event of a dispute between the parties.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

Under Connecticut law, the landlord can charge a security deposit provided it is not more than 2 months’ rent. If the tenant is 62 years of age or older, the deposit must not be more than 1 month’s rent. The landlord must put the deposit into an escrow account where it will earn annual interest at the 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).

The landlord must return the security deposit, with interest, within 30 days after the tenant moves out, if the tenant has not caused damage to the premises. If the tenant has damaged the premises, the landlord must return the balance of the deposit, if any, and must provide an itemized list of all deductions. The landlord can apply the security deposit to property damage other than normal wear and tear, excessive cleaning costs required because the premises were left in an unsanitary condition, and unpaid rent. The tenant must give the landlord written notice of a forwarding address to which the deposit is to be sent.

When is the landlord allowed to increase the rent?

The landlord has the right to raise the rent. However, the rent cannot be increased during a fixed term of a written lease unless the lease specifically provides for a rent increase. Under state law, a landlord is not required to give a specific amount of notice regarding a proposed rental increase unless a notice period was previously agreed upon.

If the parties cannot agree upon a new rental amount, the tenant is required to offer whatever he or she considers to be the fair rental value of the unit. This amount could be the current rent or a higher amount that is less than the landlord is seeking. As long as the tenant offers what he or she honestly believes to be the fair rental value, the landlord may not be able to evict for nonpayment of rent. However, the landlord may be able to evict for another reason, such as expiry of the lease or because the tenant’s right to occupy the premises has terminated.

When is the rent considered late?

The rent is late the day after it is due. In a month-to-month tenancy, the landlord cannot charge a late fee until 10 days after the rent was due. In a week-to-week tenancy, the late fee cannot be charged until 5 days after the rent was due.

How can a lease be terminated?

A written lease for a specified term is terminated at the expiry of the lease period. If there is no written lease, the law treats the tenancy as a month-to-month oral lease. The landlord can terminate the lease by giving a Notice to Quit to terminate the tenancy at the end of the month (or end of the week if the tenancy is week-to-week).

When is the landlord permitted to enter the premises?

The landlord can enter the premises at reasonable times, on advance notice, to inspect it or to make any necessary repairs, supply services, or show the unit to prospective tenants, purchasers, mortgagees or contractors. The tenant is required to allow the landlord access. The landlord is not required to get the tenant’s consent to enter the unit (i) in case of emergency, (ii) if a tenant is absent from the unit for an extended period of time, (iii) pursuant to a court order, or (iv) if the tenant has abandoned or surrendered the premises.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for the following reasons:

(a) holding over after expiry of the lease term;
(b) nonpayment of rent when due or within the grace period;
(c) violation of the terms of the lease or failure by the tenant to fulfill his or her responsibilities under the lease;
(d) nuisance or serious nuisance;
(e) no right or privilege to occupy the premises; or
(f) the right or privilege to occupy has terminated.

A landlord can only evict a tenant through a court action called summary process. The landlord cannot physically evict a tenant. This must be done by a state marshal. A landlord also cannot retaliate against a tenant through eviction, increasing the rent or decreasing services if the tenant has made a complaint to local or government officials about the condition of the premises or a violation by the landlord, or has requested repairs from the landlord, or brought an action against the landlord for violations, or organized or become a member of a tenants’ organization.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.