Connecticut Landlord and Tenant Law with Forms, Third Edition

by Noble F. Allen

Overview

This desktop reference includes case law & statutory mandates, and model forms for housing court & other landlord-tenant civil litigation for both commercial and residential settings.

Product Details

ISBN-13:	9781588524973
Publisher:	ALM Media Properties, LLC
Publication date:	09/28/2020
Sold by:	Barnes & Noble
Format:	eBook
Pages:	502
Sales rank:	1,014,359
File size:	938 KB

About the Author

Noble F. Allen is a partner at Hinckley, Allen & Snyder LLP in Hartford, Connecticut and practices in the areas of litigation, including civil and business litigation, premises liability/insurance claims defense, and commercial landlord/tenant law, including commercial lease litigation and evictions. Noble routinely litigates commercial landlord and tenant cases through trial. He regularly counsels retail developers, retailers, and other commercial landlords and tenants regarding lease negotiations and leasing disputes.

Noble is the Chair of Hinckley Allen’s Diversity and Inclusion Committee; he served on the Connecticut Statewide Grievance Committee for sixteen years, the last two as its Chair; he served on the Board of Directors of the USLAW NETWORK from 2013 to 2017; and is a Court-appointed Arbitrator for the New Haven Judicial District.

Noble’s other affiliations include the International Council of Shopping Centers (ICSC); the Connecticut Bar Association; the New Haven County Bar Association; Litigation Counsel of America (Fellow); and is a Board Member of the Lawyers Collaborative for Diversity.

Noble has been listed in Best Lawyers in America from 2013 through 2021, and has also been recognized as Lawyer of the Year in the area of Litigation – Real Estate (2015, 2018 and 2021).

Noble graduated from Norwich University, Corps of Cadets (B.A. 1982), The American University, School of International Service (M.A. 1985), and The American University, Washington College of Law (J.D. 1991).

Table of Contents

Chapter 1: Statutory Construction in Landlord Tenant Law
1-1 “LANDLORD” AND “TENANT” DEFINED
1-2 OTHER STATUTORY DEFINITIONS
1-3 RESIDENTIAL RENTAL AGREEMENTS/LEASES
1-3:1 The Plain Language Act
1-3:2 Prohibited Terms in Rental Agreements/Residential Leases
1-4 COMMERCIAL LEASES
1-5 DUE DATE FOR PAYMENT OF RENT/USE AND OCCUPANCY

Chapter 2: Lease Construction and Interpretation
2-1 LEASE AGREEMENTS GENERALLY
2-2 ELEMENTS AND PRINCIPLES OF A LEASE
2-3 MODIFICATION OF LEASES
2-4 LICENSE AGREEMENTS—DISTINGUISHED FROM LEASES

Chapter 3: Landlord and Tenant’s Statutory Rights and Responsibilities
—Residential Tenancies
3-1 LANDLORD’S OBLIGATIONS AND RESPONSIBILITIES
3-1:1 Action by Tenant to Enforce Landlord’s Responsibilities
3-1:1.1 Jurisdiction/Standing
3-1:1.2 The Complaint
3-1:1.3 The Hearing
3-1:1.4 The Tenant’s Relief
3-1:1.5 The Landlord’s Counterclaim
3-1:1.6 Depositing Rent Into Court
3-1:1.7 Motion/Hearing to Terminate Court Payments
3-2 TENANT’S OBLIGATIONS AND RESPONSIBILITIES
3-3 LANDLORD’S RULES AND REGULATIONS
3-4 TENANT’S ABANDONMENT—LEGAL IMPLICATIONS
3-5 TENANT’S DEATH—IMPLICATIONS
3-6 TENANT’S BREACH OF RENTAL AGREEMENT—MEASURE OF DAMAGES
3-7 LANDLORD’S BREACH OF RENTAL AGREEMENT—TENANT’S REMEDIES
3-8 LANDLORD’S OBLIGATIONS TO SUPPLY ESSENTIAL SERVICES—TENANT’S REMEDIES
3-9 TENANT’S ENERGY CONSERVATION/WEATHERIZATION MEASURES
3-10 DAMAGE OR DESTRUCTION TO RESIDENTIAL PREMISES—TENANT’S REMEDIES
3-11 NONCOMPLIANCE BY TENANT—LANDLORD’S REMEDIES
3-11:1 Kapa Notice Required
3-11:2 When Kapa Notice Is Not Required
3-11:3 Effect of Noncompliance With Statute
3-11:4 Federal Notice Requirements
3-12 NONCOMPLIANCE BY TENANT (MONETARY)—LANDLORD’S REMEDIES
3-13 LANDLORD’S ACCESS TO RESIDENTIAL PREMISES
3-13:1 Landlord’s Access Denied—Judicial Relief
3-13:2 Unlawful Entry by Landlord—Judicial Relief
3-14 RETALIATORY ACTIONS BY LANDLORD PROHIBITED
3-14:1 Retaliatory Defense Distinguished From Affirmative Defense
3-14:2 Non-Retaliatory Actions by Landlord
3-15 ACTION FOR PRIVATE RECEIVERSHIP OF TENEMENT HOUSE
3-15:1 The Complaint/Notice
3-15:2 The Hearing
3-15:3 Defenses
3-15:4 Judgment
3-15:5 Order in Lieu of Judgment
3-15:6 Failure to Comply With Court Order

Chapter 4: Forcible Entry and Detainer Statute
4-1 PURPOSE
4-2 ELEMENTS OF CLAIM
4-3 PROSECUTION OF A FORCIBLE ENTRY CLAIM/HEARING
4-4 RELIEF/DAMAGES

Chapter 5: Security Deposits and Advanced Payments
5-1 SECURITY DEPOSIT ACT
5-1:1 COVID-19 State of Emergency Executive Order
5-2 ACTION TO RECLAIM SECURITY DEPOSIT/ENFORCEMENT

Chapter 6: Certificates of Occupancy
6-1 RESIDENTIAL CONTEXT
6-2 STATUTORY COMPARISON
6-3 NOTICE OF VIOLATION—ENFORCEMENT
6-4 DEFENSES
6-5 ORDER TO STAY/CONTESTING FINDINGS
6-6 CERTIFICATE OF OCCUPANCY—COMMERCIAL LEASE CONTEXT

Chapter 7: Housing Court Proceedings
7-1 DEFINING A HOUSING MATTER
7-2 VENUE FOR A HOUSING MATTER

Chapter 8: Summary Process–Statutory Notice to Quit
8-1 PURPOSE OF SUMMARY PROCESS
8-1:1 Claiming Exemptions under the Summary Process Statutes
8-2 NOTICE TO QUIT—AS A CONDITION PRECEDENT
8-2:1 Statutory and Common Law Notices to Quit Distinguished
8-3 NOTICE TO QUIT—STATUTORY GROUNDS
8-4 NOTICE TO QUIT—STATUTORY GROUNDS DISSECTED
8-4:1 Lapse of Time
8-4:2 By Reasons of Any Expressed Stipulation
8-4:3 Violation of Rental Agreement or Lease/Rules Regulations/Mobile Home Rules
8-4:3.1 Residential Leases/Rental Agreements
8-4:3.2 Commercial Lease Violations(Non-Monetary Defaults)
8-4:4 Nonpayment of Rent—Residential
8-4:5 Nonpayment of Rent—Commercial
8-4:6 Violation of Tenant’s Statutory Responsibilities— Residential
8-4:7 Nuisance/Serious Nuisance
8-4:7.1 Nuisance
8-4:7.2 Serious Nuisance
8-4:8 Never Had a Right or Privilege to Occupy Premises
8-4:9 Original Right or Privilege Terminated
8-4:10 Good Cause Eviction
8-4:10.1 Protected Class
8-4:10.2 Exception to Good Cause Evictions
8-4:10.3 Rent Control
8-4:11 Notice to Quit Against Farm Employee, Domestic Servant, Caretaker, Manager or Other Employee
8-4:12 Termination of Lease for Illegal Use of Premises
8-4:13 Termination of Lease in Foreclosed Property
8-4:13.1 Connecticut Statute – Protection of Tenant in Foreclosed Property
8-4:13.2 Federal Statute
8-5 FORM AND CONTENT OF NOTICE TO QUIT
8-5:1 Form/Content
8-5:2 Quit Dates
8-5:2.1 Signature on Notice
8-5:2.2 Service of Notice to Quit
8-5:2.3 Description of Premises
8-5:2.4 Pretermination Notice and Notice to Quit Combined
8-5:2.4.1 Temporary Suspension of Service of Notice to Quit on
Residential Tenants due to COVID-19
8-5:2.5 Effect of Multiple Notices to Quit
8-5:2.6 Landlord’s Actions After Service of Notice to Quit
8-5:2.7 Revocation of Notice to Quit

Chapter 9: Summary Process Litigation
9-1 Form of Writ, Summons and Complaint
9-1:1 Venue for Summary Process Actions
9-1:2 Service of Summary Process Writ
9-1:3 Responsive Pleadings to Summary Process Complaint
9-1:3.1 Failure to Appear
9-1:3.2 Failure to Plead
9-1:3.3 Advancement of Pleadings
9-1:3.4 Withdrawal of Summary Process Complaint—Legal Implications
9-2 MOTIONS FOR USE AND OCCUPANCY
9-2:1 Form/Content
9-2:2 Defendant’s Objection to Motion for Use and Occupancy/Hearing/Notice
9-2:3 Distribution of Use and Occupancy Payments
9-3 SUMMARY PROCESS TRIAL
9-3:1 Landlord’s Burden of Proof
9-3:2 Tenant’s Defenses/Special Defenses
9-3:2.1 Tenant: Burden of Proof
9-3:2.2 Defense to Nonpayment—Generally
9-3:3 Equitable Relief Against Forfeiture
9-3:3.1 Other Equitable Defenses
9-3:4 Writ of Audita Querela
9-3:5 Judicial Review
9-4 COURT’S FINDINGS/JUDGMENT
9-4:1 Judgment for Possession
9-4:2 Judgment in Favor of Tenant
9-4:3 Persons Subject to Judgment for Possession
9-4:4 Notice of Judgment
9-4:5 Occupants Not Subject to Judgment/Hearing

Chapter 10: Post Judgment Proceedings
10-1 STAY OF EXECUTION
10-1:1 Application for Stay of Execution
10-1:1.1 Nonpayment of Rent
10-1:1.2 Nuisance
10-1:1.3 Illegal Use of Premises
10-1:1.4 Tenant Who Never Had a Right or Privilege
10-1:1.5 Tenants Engaged in Farming Operations
10-1:1.6 Domestic Servants, Caretakers, Managers
10-1:1.7 Certain Trailer Occupants
10-1:1.8 Transient Occupancy
10-1:2 Filing of Application
10-2 HEARING—APPLICATION FOR STAYOF EXECUTION
10-2:1 Criteria for Granting Stay
10-2:2 Motion to Terminate Stay
10-2:3 Review of Motion to Terminate Stay
10-3 SUMMARY PROCESS APPEAL
10-3:1 Timeframe for Filing Appeal
10-3:1.1 Motion to Reargue
10-3:1.2 Motion to Dismiss Appeal
10-3:1.3 Justiciability of Mootness
10-3:1.4 Writ of Restoration
10-3:2 Posting Bond/Payment of Use and Occupancy
10-3:3 Distribution of Use and Occupancy Payments After Appeal
10-3:4 Distribution of Use and Occupancy Payments After Bankruptcy Filing

Chapter 11: Summary Process Execution and Eviction of Tenants
11-1 SUMMARY PROCESS EXECUTION
11-1:1 State Marshal’s Authority to Serve Legal Execution
11-2 EVICTION OF RESIDENTIAL TENANTS
11-3 EVICTION OF COMMERCIAL TENANTS
11-3:1 Judgment Lien Claims by Third Parties Regarding Forfeited Possessions
11-4 LOST OR MISPLACED EXECUTION
11-5 STIPULATIONS FOR JUDGMENT (SUMMARY PROCESS)
11-6 ATTORNEY’S FEES

Chapter 12: Civil Litigation for Monetary Damages
12-1 VENUE FOR CIVIL DAMAGES ACTIONS
12-2 BREACH OF LEASE AND NONPAYMENT OF RENT ACTIONS
12-2:1 Breach of Lease—Statutory Formula
12-2:2 Breach of Lease—Legal Standard
12-2:3 Nonpayment of Rent Action—Legal Standard
12-2:4 Calculation of Damages
12-2:4.1 Liquidated Damages Provisions in Leases
12-2:5 Attorney’s Fees
12-2:5.1 Residential Leases
12-2:5.2 Commercial Leases
12-2:5.3 Interest as Damages for Breach of Lease
12-3 OTHER COMMON CIVIL DAMAGES CLAIMS IN LEASE LITIGATION
12-3:1 Quantum Meruit
12-3:2 Unjust Enrichment/Implied in Law Contract
12-3:3 Breach of Guaranty
12-3:4 Action for Use and Occupancy Payments
12-3:5 Anticipatory Breach of Lease/Repudiation
12-4 COMMON DEFENSES TO CIVIL DAMAGES CLAIMS IN LEASE LITIGATION
12-4:1 Failure to Mitigate Damages
12-4:2 Breach of the Implied Covenant of Good Faith and Fair Dealing
12-4:3 Constructive Eviction—Common Law
12-4:3.1 Breach of Implied Covenant of Quiet Enjoyment
12-4:4 Nonpayment Based on Housing Code Violation (Residential)
12-4:5 Novation
12-4:5.1 Landlord’s Breach of Lease
12-4:5.2 Waiver
12-4:5.3 Laches
12-4:6 Statute of Limitations Defenses
12-4:6.1 Written Agreements
12-4:6.2 Oral or Parole Lease Agreements
12-4:6.3 Statute of Limitations—Waivable
12-4:6.4 COVID-19 Force Majeure-Related Claims
12-4:6.4.1 Force Majeure Provisions in Leases
12-4:6.4.2 The Doctrine of Impracticability or Impossibility as a Defense
12-5 MOTION PRACTICE—CIVIL ACTION