Landlords who retaliate are at risk of having the tenant terminate the lease and sue the landlord. If a court decides the landlord has retaliated against the tenant, the following penalties may be assessed: [1]
Under landlord-tenant law in Connecticut, there is never a time that a landlord can retaliate against a tenant for exercising their rights.
However, actions that may seem retaliatory can be legal if within the law. For instance, a landlord may increase the rent at the end of the lease term, and terminate a lease or evict a tenant for violating the terms of the agreement.
Under the Fair Housing Act, landlords cannot discriminate against a tenant based on protected characteristics such as race, color, national origin, religion, sex, familial status, or disability.
Discriminatory acts include:
A landlord does not provide necessary repairs to a Black tenant, but provides necessary repairs to a White tenant.
Landlords who discriminate are at risk of having the tenant terminate the lease and sue the landlord. When suing the landlord, a tenant may either file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the federal court in the jurisdiction where the tenant resides.
If either HUD or a federal court decides the landlord has discriminated against the tenant, the tenant may be eligible for the following remedies: [2]
In Connecticut, a landlord can never discriminate against a tenant, except in one instance. The exception is known as the “Mrs. Murphy Exemption”.
The “Mrs. Murphy” exemption provides that if a dwelling has four or fewer rental units and the owner lives in one of those units, that owner is exempt from the Fair Housing Act. Therefore, a landlord would be able to discriminate against tenants: [3]
There is a blanket ban on a landlord discriminating against the tenant because of race. No matter the Mrs. Murphy exemption, a landlord can never discriminate against a tenant because of race.
Furthermore, the exemption does not apply to rental advertisements. For example, the owner of the dwelling cannot be discriminatory in their advertisements by saying that people of a certain sexual orientation or race need not apply just because the dwelling itself is exempt from the Fair Housing Act.
In Connecticut, landlords cannot evict a tenant or force them to vacate the rental premises without legal cause that a tenant violated the lease.
A landlord may have legal grounds for evicting a tenant if the tenant: [4]
Landlords who evict their tenants without legal cause will be liable to the tenant for certain damages. If a court finds the landlord evicted the tenant without cause, the landlord may be liable for:
Once a court finds there was no cause for eviction, tenants will be allowed to return into the leased premises.
In Connecticut, a landlord cannot legally evict a tenant without cause. However, a landlord would be able to evict a tenant on legal grounds such as the tenant not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under Connecticut law.
Eviction proceedings include:
Ensure that the tenant has violated the lease terms prior to initiating an eviction lawsuit.
Connecticut landlords cannot file a successful eviction in court without providing the tenant enough advance notice to vacate the premises. Many Connecticut properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to any residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired. [9]
Connecticut law gives special protections against eviction to elderly and disabled tenants as well as their caregivers. These protections apply to mobile home parks as well as communities or complexes with five or more separate units, and cover the following categories of people: [10]
Tenants in a protected category can only be evicted for the following reasons:
A landlord in Connecticut cannot raise the rent as often as they want nor increase it by an unreasonable amount during the life of the lease term. [5] A rent increase will be illegal if it is done in any of three instances:
Unless written into the lease, a landlord cannot increase rent prior to the end of the contract. When landlords do raise the rent for the aforementioned reasons, they will be in violation of the lease, and the tenant will be able to terminate the lease. Landlords may also be charged fines and penalties associated with increasing rent.
Before raising the rent, a landlord should ensure that it is done after the lease term has ended. If the proper procedure is outlined in the lease, those procedures should be followed.
A landlord can increase rent at the end of any lease term. A lease is a legally binding contract, and the landlord must abide by the terms, including the set monthly rent. However, there are no control laws in Connecticut, so any time a lease expires, the landlord can raise the rent as much as they like and allow the tenant the chance to renew at the new rate.
If the lease is for two years, the landlord can only raise the rent every two years, but if it’s a month-to-month lease, they can raise it every 30 days, if they so choose.
In Connecticut, a landlord may not withhold the tenant’s security deposit for any disallowed reason. [6]
For example, a landlord would be unable to withhold the security deposit for property damage incurred from normal wear and tear. Normal wear and tear is deterioration or damage that happens as a result of a tenant living in and using the rental unit in a reasonable manner.
A landlord who withholds a tenant’s security deposit will be responsible for repaying the tenant the whole security deposit amount. A landlord who illegally withholds a security deposit in Connecticut must pay the tenant:
A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include: [6]
Should there be any deductions, the landlord must provide an itemized list of deductions that were made within 30 days.
Landlords in Connecticut cannot violate the covenant of quiet enjoyment, which is an implied term in every lease that guarantees the tenant will have quiet and peaceful possession of the leased premises.
There are several ways a tenant’s right to quiet enjoyment can be violated. Some common examples of violations include:
A landlord would be in violation of the covenant of quiet enjoyment if they continuously allow a tenant to yell racial slurs at another tenant.
There are different recourse options that tenants can take when their rights are violated, including but not limited to:
Any of these actions would have a negative impact on the landlord. The landlord could also be liable for compensation such as moving expenses, attorney’s fees and other expenses.
In Connecticut, a landlord cannot violate the covenant of quiet enjoyment under any circumstances.
However, actions that seem to violate the covenant of quiet enjoyment may be legal in certain circumstances. For example, a landlord may enter the premises without providing notice to the tenant, in the event of an emergency.
A landlord enters into a tenant’s premise because there is evidence of a crime.
In Connecticut, landlords must uphold the implied warranty of habitability, which is guaranteed in leases and ensures that the leased premises meet habitability requirements.
There are several ways a landlord may violate the warranty of habitability. Some common examples of violations include:
A landlord violates the warranty of habitability, if, after notice of shutting off, they do not repair the water system in a reasonable amount of time.
When a landlord violates the warranty of habitability, a tenant is entitled to relief such as:
Landlords in Connecticut cannot violate the warranty of habitability at any time.
A landlord in Connecticut cannot constructively evict tenants from the leased premises.
Constructive eviction is a circumstance where a tenant’s use of the property is so significantly impeded by actions under the landlord’s authority that the tenant has no alternative but to vacate the premises
Examples of constructive eviction include:
Landlords who evict their tenants without just cause will be liable to the tenant for certain damages. If a court finds the landlord evicted the tenant without cause, the landlord may be liable for:
Once a court finds there was no cause for eviction, tenants will be allowed to return into the leased premises.
In Connecticut, a landlord cannot withhold services or force out a tenant through constructive eviction.
Although, if a tenant has violated the lease terms, then the landlord can perform actions that are generally associated with constructive eviction. These actions can include:
After lease termination, landlords are not contractually obligated to provide the mandatory services outlined in the lease.
When landlords communicate with tenants, they cannot make any statements under false pretenses, which may lead the tenant to believe something that is not true.
There are many ways in which a landlord can commit fraud, including:
A landlord may not tell the tenant that they can pay the rent in a certain way, and then fail to accept that method of payment at a later time.
Landlords who defraud current and prospective tenants may face litigation. Depending on the court, the tenant may be entitled to:
In Connecticut, landlords cannot defraud tenants under any circumstance.
Prior to renting out leased premises, landlords must register the rental premises with the proper authorities. Landlords must then conduct a proper inspection so that the premises are in a habitable condition for the tenant.
Failure to register the premises and conduct an inspection may lead to fines and other taxes.
Landlords must always pass state inspections to lease out the rental property.
Unless prior written consent has already been granted, a landlord can prohibit a tenant from subletting in Connecticut. A landlord reserves the right to deny any and all future requests from a tenant to sublease. However, a landlord cannot deny a qualified sublessee or assignee.
A qualified sublessee or assignee is one that:
When a landlord denies a qualified subtenant or assignee, the original tenant may sue the landlord for damages. A tenant may be able to recover money equivalent to the amount of monthly rent for which the landlord disallowed the prospective subtenant or assignee from making payments.
Furthermore, damages associated with the landlord’s failure to mitigate damages may be possible. The duty to mitigate damages exists where the landlord must take reasonable steps to re-rent the unit to a replacement tenant.
A landlord can deny a sublessee when:
In Connecticut, a landlord cannot charge an unlimited amount for the security deposit. Security deposits are capped at two months’ rent, or one month where the tenant is 62 or older. A tenant who turns 62 is entitled to a return of any deposit above the new allowed amount. [11]
Landlords in Connecticut can deduct expenses from the security deposit. [6]
A landlord will be able to withhold a tenant’s security deposit for certain reasons. These reasons include:
In Connecticut, a landlord can sue a tenant for violating the lease. Common lease violations include:
Landlords can recover damages such as unpaid rent, costs of property damage the tenant caused and eviction of the tenant.
A landlord can enter into a tenant’s premises when there is an emergency. [7]
In practice, a landlord should try to give at least 24 hours’ notice before entering a rented apartment to make (or assess for) repairs or show the unit to prospective new tenants.
In the event of an emergency, such as a fire, burst water pipe, or gas leak, landlords have the right to enter without notice. They may also enter the premises if a tenant has moved out without notifying the tenant or if the landlord has a court order to do so.
A landlord in Connecticut can conduct a background check on prospective tenants. In Connecticut, landlords must make available to the applicant, printed notice of the landlord’s tenant selection criteria, including:
In Connecticut, there are usually costs associated with background checks.
In Connecticut, a landlord can charge late fees for late rent, if these fees are disclosed in the written lease. A landlord cannot charge late fees or penalties for rent paid past the due date unless it is paid 30 days or more past the due date. Furthermore, it is illegal for a landlord to charge a reverse penalty—reducing rent by a percentage if paid within a certain time frame.
Connecticut law caps late fees at $5/day up to a maximum $50, or 5% of the rental payment amount. [12]
Connecticut law requires that landlords set occupancy limits depending on the type of property the landlord owns.
Generally, the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the premises. There are certain exceptions allowing a higher occupancy limit such as state or federal laws that allow a higher occupancy rate or if an adult is seeking temporary sanctuary from family violence.
A landlord in Connecticut can require certain forms of payment.
Connecticut law does not say how a tenant must pay their rent. It does not discuss rules a landlord might impose that would make tenants pay a specific way, like online or with a money order. How a tenant must pay the rent will depend on the specific lease.
Connecticut law ensures that landlords will provide the option for tenants to pay in cash, unless the lease states otherwise. When a tenant pays in cash, a landlord must provide a written receipt confirming payment.
In Connecticut, a landlord can charge an application fee associated with a rental application. The fee is to pay the landlord’s cost of running a background check on a prospective tenant. Connecticut law sets the maximum fee for a tenant screening report at $50 as of October 2023. This amount increases yearly as indexed for inflation by the Commissioner of Housing. [13]
A landlord shall not maintain an action or proceeding against a tenant to recover possession of a dwelling unit, demand an increase in rent from the tenant, or decrease the services to which the tenant has been entitled within six months after: (1) The tenant has in good faith attempted to remedy by any lawful means
If neither party elects to have a federal civil trial before the 20-day Election Period expires, HUD will promptly schedule a hearing for your case before an ALJ…payment of damages.
The provisions of this section shall not apply to (A) the rental of a room or rooms in a single-family dwelling unit if the owner actually maintains and occupies part of such living quarters as his residence or (B) a unit in a dwelling containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies the other such living quarters as his residence.
If rent is unpaid when due and the tenant fails to pay rent within nine days thereafter or, in the case of a one-week tenancy, within four days thereafter, the landlord may terminate the rental agreement in accordance with the provisions of sections 47a-23 to 47a-23b, inclusive.
Any town, city or borough may, and any town, city or borough with a population of twenty-five thousand or more, as determined by the most recent decennial census, shall, through its legislative body, adopt an ordinance that creates a fair rent commission.
In the case of a tenant under sixty-two years of age, a landlord shall not demand a security deposit in an amount that exceeds two months’ rent. In the case of a tenant sixty-two years of age or older, a landlord shall not demand a security deposit in an amount that exceeds one month’s rent. Any landlord who has received a security deposit in an amount that exceeds one month’s rent from a tenant who becomes sixty-two years of age after paying such security deposit shall return the portion of such security deposit that exceeds one month’s rent to the tenant upon the tenant’s request.
A landlord shall not abuse the right of entry or use such right of entry to harass the tenant. The landlord shall give the tenant reasonable written or oral notice of his intent to enter and may enter only at reasonable times, except in case of emergency.
A landlord shall: (1) Comply with the requirements of chapter 368o and all applicable building and housing codes materially affecting health and safety of both the state or any political subdivision thereof; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition
“This matter is dismissed as a 30-day notice under the Cares Act was not provided to the tenant.”
(a)(1) Except as provided in subdivision (2) of this subsection, this section applies to any tenant who resides in a building or complex consisting of five or more separate dwelling units or who resides in a mobile manufactured home park and who is either:
(A) Sixty-two years of age or older, or whose spouse, sibling, parent or grandparent is sixty-two years of age or older and permanently resides with that tenant, or
(B) a person with a physical or mental disability, as defined in subdivision (8) of section 46a-64b, or whose spouse, sibling, child, parent or grandparent is a person with a physical or mental disability who permanently resides with that tenant, but only if such disability can be expected to result in death or to last for a continuous period of at least twelve months.
(b) (1) No landlord may bring an action of summary process or other action to dispossess a tenant described in subsection (a) of this section except for one or more of the following reasons:
(A) Nonpayment of rent;
(B) refusal to agree to a fair and equitable rent increase, as defined in subsection (c) of this section;
(C) material noncompliance with section 47a-11 or subsection (b) of section 21-82, which materially affects the health and safety of the other tenants or which materially affects the physical condition of the premises;
(D) voiding of the rental agreement pursuant to section 47a-31, or material noncompliance with the rental agreement;
(E) material noncompliance with the rules and regulations of the landlord adopted in accordance with section 47a-9 or 21-70;
(F) permanent removal by the landlord of the dwelling unit of such tenant from the housing market; or
(G) bona fide intention by the landlord to use such dwelling unit as his principal residence.
(1) In the case of a tenant under sixty-two years of age, a landlord shall not demand a security deposit in an amount that exceeds two months’ rent.
(2) In the case of a tenant sixty-two years of age or older, a landlord shall not demand a security deposit in an amount that exceeds one month’s rent. Any landlord who has received a security deposit in an amount that exceeds one month’s rent from a tenant who becomes sixty-two years of age after paying such security deposit shall return the portion of such security deposit that exceeds one month’s rent to the tenant upon the tenant’s request.
If a rental agreement contains a valid written agreement to pay a late charge in accordance with subsection (a) of section 47a-4 , a landlord may assess a tenant such a late charge on a rent payment made subsequent to the grace period in accordance with this section. Such late charge may not exceed the lesser of (1) five dollars per day, up to a maximum of fifty dollars, or (2) five per cent of the delinquent rent payment or, in the case of a rental agreement paid in whole or in part by a governmental or charitable entity, five per cent of the tenant’s share of the delinquent rent payment. The landlord may not assess more than one late charge upon a delinquent rent payment, regardless of how long the rent remains unpaid.
(b) No landlord may demand from a prospective tenant any payment, fee or charge for the processing, review or acceptance of any rental application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except a security deposit pursuant to section 47a-21 of the general statutes, advance payment for the first month’s rent or a deposit for a key or any special equipment, or a fee for a tenant screening report as provided in subsection (c) of this section. No landlord may charge a tenant a move-in or move-out fee. (c) On and after October 1, 2023, a landlord may charge a fee not exceeding fifty dollars plus an adjustment reflecting any increase in the consumer price index for urban consumers, as determined by the Commissioner of Housing on an annual basis, for a tenant screening report concerning a prospective tenant. (d) A landlord that charges a fee for a tenant screening report concerning a prospective tenant shall provide the prospective tenant with (1) a copy of the tenant screening report or, if the landlord is prohibited from providing such a copy, information concerning such report that would allow such tenant to request a copy of such report from the service provider that produced such report, and (2) a copy of the receipt or invoice from the entity conducting the tenant screening report concerning the prospective tenant.
