Connecticut Landlord and Tenant Law with Forms

ALM Media, LLC, January 2008, Pages: 230

Connecticut Landlord and Tenant Law, by Nobel F. Allen, covers the legal relationship between tenants and landlords, both in commercial and residential settings. It has been prepared as a desktop reference, with case law and statutory mandates, and includes MODEL FORMS for housing court and other landlord-tenant civil litigation. The forms (in print and on cd) are included in the purchase price of the book.

Published in October 2008, this single volume reference book is update bi-annually.

First section, Overview of Lease Construction and Interpretation, provides a general overview as well as the obligations of the landlord and tenant.

Second section, Summary Process Litigation, provides a statutory blueprint for prosecuting, defending and appealing an eviction action. Specific statutory requirements that are mandatory within summary process litigation are highlighted: from the elements of the KAPA notice, to the notice to quit, to the summary process execution.

Third section, Landlord Tenant Litigation, addresses non-summary process litigation. In this section, Noble addresses the difference between a nonpayment of rent action and a breach of lease action, as well as the statutory and common law formulas for calculating damages resulting from a breach of lease, and various other causes of action and defenses employed in civil landlord tenant litigation.

Valuable Appendices include an annotated glossary of common trigger provisions and concepts in commercial lease litigation and two sets of MODEL FORMS: housing court forms and other landlord-tenant related forms. The forms are also included on cd.

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

Chapter 2: Lease Construction and Interpretation

2-1 LEASE AGREEMENTS GENERALLY

2-2 ELEMENTS AND PRINCIPLES OF A LEASE

2-2:1 Modification of Leases

2-3 LICENSE AGREEMENTS DISTINGUISHED FROM LEASES

Chapter 3: Landlord and Tenant Statutory Rights and Responsibilities and Residential Tenancies

3-1 LANDLORD OBLIGATIONS AND RESPONSIBILITIES

3-1:1 Action by Tenant to Enforce Landlords 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 Landlords 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 and LEGAL IMPLICATIONS

3-5 TENANT'S DEATH and IMPLICATIONS

3-6 TENANT'S BREACH OF RENTAL AGREEMENT, MEASURE OF DAMAGES

3-7 LANDLORD'S BREACH OF RENTAL AGREEMENT and TENANT'S REMEDIES

3-8 LANDLORD'S OBLIGATIONS TO SUPPLY ESSENTIAL

SERVICES and TENANT'S REMEDIES

3-9 TENANT'S ENERGY CONSERVATION/WEATHERIZATION

MEASURES

3-10 DAMAGE OR DESTRUCTION TO RESIDENTIAL

PREMISES and TENANT'S REMEDIES

3-11 NONCOMPLIANCE BY TENANT and 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

5-2 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 Litigation

8-1 PURPOSE OF SUMMARY PROCESS

8-2 NOTICE TO QUIT, AS A CONDITION PRECEDENT

8-3 NOTICE TO QUIT, APPLICATION

8-4 NOTICE TO QUIT, STATUTORY GROUNDS DISSECTED

8-4:1 Lapse of Time

8-4:2 By Reasons of Any Express 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

8-5 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

8-5:2.5 Effect of Multiple Notices to Quit

8-6 SUMMARY PROCESS COMPLAINT

8-6:1 Form of Writ, Summons and Complaint

8-6:2 Venue

8-6:3 Service of Summary Process Writ

8-6:4 Responsive Pleadings to Summary Process Complaint

8-6:4.1 Failure to Appear

8-6:4.2 Failure to Plead

8-6:4.3 Advancement of Pleadings

8-7 Motions For Use and Occupancy

8-7:1 Form/Content

8-7:2 Defendant's Objection to Motion For Use and Occupancy/Hearing/Notice

8-7:3 Distribution of Use and Occupancy Payments

8-8 SUMMARY PROCESS TRIAL

8-8:1 Landlord's Burden of Proof

8-8:2 Tenant's Defenses/Special Defenses

8-8:2.1 Tenant: Burden of Proof

8-8:2.2 Defense to Nonpayment, Generally

8-8:3 Equitable Defenses/Relief Against Forfeiture

8-8:4 Writ of Audita Querela

8-9 COURT'S FINDINGS/JUDGMENT

8-9:1 Judgment for Possession

8-9:2 Judgment in Favor of Tenant

8-9:3 Persons Subject to Judgment for Possession

8-9:4 Notice of Judgment

8-9:5 Occupants Not Subject to Judgment/Hearing

Chapter 9: Post Judgment Proceedings

9-1 STAY OF EXECUTION

9-1:1 Application for Stay of Execution

9-1:1.1 Nonpayment of Rent

9-1:1.2 Nuisance

9-1:1.3 Illegal Use of Premises

9-1:1.4 Tenant Who Never Had a Right or Privilege

9-1:1.5 Tenants Engaged in Farming Operations

9-1:1.6 Domestic Servants, Caretakers, Managers

9-1:1.7 Certain Trailer Occupants

9-1:1.8 Transient Occupancy

9-1:2 Filing of Application

9-2 HEARING, APPLICATION FOR STAY OF EXECUTION

9-2:1 Criteria for Granting Stay

9-2:2 Motion to Terminate Stay

9-3 SUMMARY PROCESS APPEAL

9-3:1 Timeframe for Filing Appeal

9-3:2 Posting Bond/Payment of Use and Occupancy

Chapter 10: Summary Process Execution/Eviction of Tenants

10-1 SUMMARY PROCESS EXECUTION

10-2 EVICTION OF RESIDENTIAL TENANTS

10-3 EVICTION OF COMMERCIAL TENANTS

10-4 LOST OR MISPLACED EXECUTION

10-5 STIPULATIONS FOR JUDGMENT (SUMMARY PROCESS)

10-6 Attorney's Fees

Chapter 11: Civil Litigation for Damages

11-1 VENUE

11-2 BREACH OF LEASE/NONPAYMENT OF RENT ACTIONS

11-2:1 Breach of Lease, Statutory Formula

11-2:2 Breach of Lease, Legal Standard

11-2:3 Nonpayment of Rent Action, Legal Standard

11-2:4 Calculation of Damages

11-2:5 Attorney's Fees

11-2:5.1 Residential Leases

11-2:5.2 Commercial Leases

11-3 OTHER COMMON CIVIL DAMAGES CLAIMS IN LEASE LITIGATION

11-3:1 Quantum Meruit

11-3:2 Unjust Enrichment/Implied in Law Contract

11-3:3 Breach of Guaranty

11-3:4 Action for Use and Occupancy Payments

11-4 COMMON DEFENSES TO CIVIL DAMAGES CLAIMS IN LEASE LITIGATION

11-4:1 Failure to Mitigate Damages

11-4:2 Breach of the Implied Covenant of Good Faith and Fair Dealing

11-4:3 Constructive Eviction, Common Law

11-4:4 Nonpayment Based on Housing Code Violation (Residential)

11-4:5 Novation

11-4:6 Statute of Limitations Defenses

11-4:6.1 Written Agreements

11-4:6.2 Oral or Parole Lease Agreements

11-4:6.3 Statute of Limitations, Waivable

11-5 MOTION PRACTICE CIVIL ACTION

Appendix A: Glossary of Common Trigger Provisions and Concepts in Commercial Lease Litigation

A-1 DEMISED PREMISES

A-2 COMMON AREAS

A-3 COMMON AREA MAINTENANCE CHARGES

A-4 TENANCY TERMS

A-4:1 Fixed Rent

A-4:2 Triple Net Rent

A-4:3 Percentage Rent

A-5 USE CLAUSE

A-6 RESTRICTIVE COVENANTS/EXCLUSIVE CLAUSES

A-7 CO-TENANCY PROVISIONS

A-8 CONTINUOUS OPERATIONS OR OPERATING CLAUSE

A-9 QUIET ENJOYMENT

A-10 MECHANIC S LIEN AND DISCHARGE

A-11 INSURANCE AND INDEMNITY ISSUES

A-12 ASSIGNMENT/SUBLETTING

A-13 RIGHT TO RECAPTURE

A-14 OPTION TO RENEW/OPTION TO EXTEND LEASE

A-15 BANKRUPTCY

A-16 TENANT S FIXTURES

A-17 HOLD OVER TENANCY

A-18 MERGER CLAUSE

A-19 WAIVER OF NOTICE TO QUIT

A-20 AUDIT RIGHTS

A-21 ARBITRATION CLAUSES

A-22 RECORDING OF LEASE

Housing Court Forms

1-001 Summons Civil JD-CV-1

1-002 Motion to Open Judgment JD-CV-51

1-003 Summary Process Execution (Residential) JD-HM-2

1-004 Claim of Exemption, Summary Process JD-HM-3

1-005 Answer to Complaint, Summary Process JD-HM-5

1-006 Notice to Quit JD-HM-7

1-007 Summary Process Complaint, Nonpayment of Rent JD-HM-8

1-008 Motion for Judgment for Failure to Appear JD-HM-9

1-009 Motion for Judgment for Failure to Plead JD-HM-10

1-010 Motion for Judgment by Stipulation JD-HM-13

1-011 Reply to Special Defenses JD-HM-16

1-012 Answer to Complaint, Civil JD-HM-18

1-013 Notice of Suit, Housing Code Enforcement JD-HM-19

1-014 Summary Process Complaint, Lapse of Time JD-HM-20

1-015 Application for Stay of Execution JD-HM-21

1-016 Affidavit of Noncompliance with Stipulation JD-HM-22

1-017 Verified Lockout Complaint and Application for Temporary

Injunction JD-HM-24

1-018 Defendant's Affidavit and Objection to Execution JD-HM-26

1-019 Motion for Use and Occupancy Payments JD-HM-27

1-020 Summons, Summary Process JD-HM-32

1-021 Summary Process Execution (Nonresidential) JD-HM-34

1-022 Housing Code Enforcement Complaint JD-HM-35

1-023 Sample Notice of Judgment Summary Process (Eviction)-

Landlord-Tenant Related Forms

2-001 Demand to Discharge Mechanic's Lien/Request

to Discharge Lien (statutory)

2-002 Application for Discharge of Mechanic's Lien

2-003 Notice of Intent to Terminate Lease

2-004 Notice of Default (Monetary)

2-005 Notice of Default (Non-Monetary)

2-006 Military Affidavit

2-007 Affidavit of Lost or Misplaced Execution

2-008 Complaint for Private Receivership of Tenement House

2-009 Answer and Defense to Action for Private Receivership

of Tenement House

2-010 Waiver of Canvass

2-011 Tenant s Notice of Abandonment of Space

2-012 Forcible Entry and Detainer Complaint (Commercial)

2-013 Defendant s Motion for Stay of Proceeding Pending Discovery

2-014 Notice of Reinstatement of Lease

2-015 Sample Residential Lease

2-016 Summary Process Complaint (Commercial)

2-017 Nonpayment of Rent Civil Complaint (Commercial)

2-018 Breach of Lease-Guaranty Complaint (Commercial)

2-019 Sample Pretermination Notice (KAPA) (Residential)

2-020 Sample Notice to Quit (Non-Residential)

- Form 1-023 Notice of Judgment-Summary Process (Eviction) is issued by the court only after judgment has been entered. Unlike the other judicial forms, this form cannot be accessed via the court s website. The purpose of including this form is to give practitioners a sample of what the form looks like.

Table of Cases

Table of Statutes

Index
FORMS

Noble Allen

Noble Allen, a partner at Hinckley Allen Synder in Hartford, practices in the areas of civil and commercial litigation including premises liability/insurance claims defense and landlord/tenant law.
Mr. Allen is Chair of Tyler Cooper's Commercial Landlord and Tenant Practice Group. He routinely litigates premises liability and commercial landlord tenant law cases. He regularly counsels commercial landlords and tenants regarding issues such as premises liability, eviction and lease litigation, and general leasing matters. He has lectured on and authored several articles regarding commercial leasing and landlord tenant litigation.
Mr. Allen served as a Court-Appointed Member of the Statewide Grievance Committee for the State of Connecticut from 2000 to 2006, and is also a Court-Appointed Arbitrator for the New Haven Judicial District. His other affiliations include: International Council of Shopping Centers (ICSC), American Bar Association, Connecticut Bar Association (Litigation Section -Executive Committee); Connecticut Defense Lawyers Association; The New Haven County Bar Association. Mr. Allen graduated from Norwich University, Corps of Cadets (B.A., 1982), The American University, School of International Service (M.A., 1985), The American University, Washington School of Law (J.D., 1991)

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