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Leases must be written for...
for term of more than 1 year
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Leases must be recorded in the local land records for...
for greater than $500
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Leases for term of more than 1 year must be...
written
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Leases for greater than $500 must be...
recorded in the local land records
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Notice of Lease
- - alternatively, Notice of Lease maybe recorded in lieu of the lease itself
- - less information
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Estate of Will is...
not legal
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If tenant holds over after expiration is not subject to an agreed-on terms or expiration date Periodic Lease turns to...
Periodic Lease turns to “month-to-month” not an Agreement for A Future Lease
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Prohibited Clauses
- lease agreement may or may not contain clauses by which the tenant
- 1) agrees to waive (отказываться) legal rights
- 2) allows the landlord to obtain a judgment in court against the tenant without the tenant's knowledge
- 3) agrees to excuse the landlord from any damages that the tenant Surfers
- 4) agrees to waive his or he write to interest on the security deposit
- 5) agrees to allow that landlord to evict without court order
- 6) consents to the seizure of property as security for rent
- 7) agrees to pay the landlord's attorney's fee in excess of 15% of any judgment against the tenant in the event the landlord must take the tenant to court
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Max of Security Deposit
- - maximum can be 2 months’ rent
- - if tenant 62 only one month rent
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If LL does not keep Security Deposit in Escrow Account
- $500 and/or 30 days imprisonment
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How much landlord must to pay the tenant the Earned Interest on the deposit?
- no less than 1.5%
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If landlord does not pay the tenant the Earned Interest on the deposit no less than 1.5%
- fine $100
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Not returning the deposit on termination
- $250 fee
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Interest on Security Deposit
- - only in residential units
- - it is floating rate based on
- - average of National Savings Deposits
- - and
- - money market rates
- - rate is published by the Commissioner of Banking
- - no less than 1.5%
- - must be paid on every anniversary of the lease (1 year)
- - can be subtracted from the next monthly rent payment- LL can use interest for late (>10 days) rent
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Interest on Security Deposit Exceptions
- .
- - for residential units owned by an Educational Institution for housing its students and their families
- - for mobile homes
- - for space, lots or parks for mobile homes
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if lease terminated prior to anniversary Interest on Security Deposit must be...
... interest must be paid within 30 days of actual termination
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Returning the security deposit
- - within 30 days of the date the tenancy ends (SD - damage + interest)
- .
- - Fees
- - x2 of SD
- - or
- - x2 of interest due
- .
- - + $250 penalty for each failure
- - + interests due
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LL may adopt rules and regulations only if they:
- .
- - promote the convenience safety or welfare of tenants
- - are related reasonably to the profiles for which they are adopted
- - applied to all tenants equally
- - are clear enough to be understood
- - are known to the tenant when tenant enters into the agreement
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The Condominium Association has the right to
- .
- - change rules at anytime
- - bind the owner to search new rules
- - fine the owner for any violations
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Landlords Right to Enter
- .
- - to make inspections, repairs, alterations, ...
- - given the tenant reasonable notice in advance
- - at reasonable times
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Landlord's obligations
- .
- - adhering to applicable building and housing codes
- - keeping the property in feet and habitable condition
- - keeping area in clean and safe condition
- - maintaining in good and safe working condition all equipment supplied in by landlord
- - providing receptacles
- - supplying utilities
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Unlawful Occupancy
- .
- - must have Certificate of Occupancy issued by the local building inspector
- - otherwise landlord cannot recover rent during the period of unlawful occupancy
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Tenant's Obligations
- .
- - comply with whole building housing or fire codes
- - keep unit it's as clean and save as the general condition
- - remove all trash and rubbish
- - keep all plumbing fixtures and appliances clean
- - Use all equipment and appliances in a reasonable manner
- - Not willfully destroy, damage any part of the property
- - Not disturb his/her neighbors’ peaceful enjoyment
- - Occupy dwelling until only as a dwelling unit
- - Notify the landlord of anticipated extended absences from premises
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Criminal damage
- tenant who intentionally damages property
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Class D Felony
- - First Degree Criminal damage
- - damage > $1,500
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misdemeanor
- - Second Degree Criminal damage
- - damage $250 < D < $1,500
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If damage of the property exceeds $1,500, it is...
- - Class D Felony
- - first degree Criminal damage
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If damage of the property exceeds $250, but less than $1.500, it is...
- - Second Degree Criminal damage
- - Misdemeanor
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If tenant fails to pay rent within 9 days of the due date
- - Landlord's Recourse (Remedies)
- - LL can terminate the lease
- - evict the tenant
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Any other breaches of tenant (except nonpayment)
- .
- - LL may deliver the writing notice to the tenant that lease will terminate in 15 days
- - tenant has 15 days from the date of the notice to repair or pay to the landlord
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LL can obtain legal Actions if
- .
- - tenant is using the unit in an illegal manner
- - tenant has not paid the rent
- - LL is making at good faith attempt to recover possession to use the unit as his own home
- - tenant's guests or family damaged the property
- - LL is seeking to recover possession after given proper notice to terminate the tenant's periodic tenancy
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With a month-to-month tenancy LL can raise rent after giving the tenant one month's notice. However LL cannot erase rent within 6 months after... (4)
- .
- 1) - the tenant made a good-faith attempt to legally remedy the landlord's violations
- 2) - any multiple agency or official has filed a notice, order or complaint regarding any violations by the landlord
- 3) - tenant has made a request that landlord make needed repairs
- 4) - tenant organized or become a member of attendance Association or Union
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Abandonment of property
- LL is required to make a reasonable effort to rent the property to minimize the tenant's liabilities
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If landlord breaches the agreement how tenant may terminate it by...
- .
- - tenant must give to LL written notice of the act and/or omission then provoked the breach
- - if LL is not taking any actions at the end of the 15-day period the lease is effectively terminated
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If same LL breach happened again within 6 months
- .
- - tenant can terminate the agreement on 14 days' written notice
- - Notice must be written within 30 days of the breach and must specify the
- - date on which the breach (leak for example) occurred
- - date on which the tenant intends to vacate
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If a landlord fails for reasons not beyond his control to supply essential services (heat, water, electricity)
- tenant may provide this service at his own expense and then deduct this amount from the rental payment
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If the luck of any services makes the occupancy of the premises impossible the tenant may...
- .
- - procure substitute housing until the services are restored
- - LL has 2 days to remedy the breach
- - if the same breach happens within 6 months the 2 days period is eliminated
- .
- - if the failure was fearful (intentional)
- - the tenant can terminate that agreement
- - recover an amount equal to
- - 2 month rent
- - or
- - twice actual damage
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If damage or destruction of property was result of landlord willful act tenant...
- - is not liable to pay rent
- - may vacate the premises
- - notify landlord of intention to terminate the lease within 15 days
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Action to enforce landlord's responsibilities
- .
- - tenant can institute an action in superior court to enforce LL responsibilities
- - court may grant the following types
- - order the landlord to comply with his duties
- - appoint a receiver to collect rent and correct defective conditions
- - award the tenant money damage which may include retroactive abatement of rent
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Summary process (5)
- .
- - Actual Eviction
- - suits to recover possession of property that is illegally occupied by a tenant due to termination of lease or other violations of a rental agreement
- .
- 1) Notice to Quit Possession
- 2) Court action
- 3) Appeals
- 4) Stay of execution
- 5) Injection and the Removal and Sale of Personal Effect
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1) Notice to Quit Possession
- - Summary Process
- - written notice giving by the LL to the tenant
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2) Court action
- .
- - Summary Process
- - LL can file a complaint in Superior Court for immediate possession
- - if tenant fails to appear
- - Court will file a judgement
- - award the landlord possession and he's court cost
- - tenant appears
- - tenant will pay the amount of the rent for the court proceeding period
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3) Appeals
- .
- - Summary Process
- - court requires that tenants making appeal post a bond for
- - all rents accrued
- - and those that will become due during the appeal
- - appeals must be made within 5 business days after court judgement
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4) Stay of execution
- .
- - Summary Process
- - it's a 5-day stay of execution
- - unless LL evicting the tenant for
- - non-payment of rent
- - nuisance
- - the use of property for immoral or illegal purpose
- - no initial right to occupy the property
- .
- - tenant can be granted additional time to vacate the premises if the court finds the reasons valid and acceptable
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5) Injection and the Removal and Sale of Personal Effect
- .
- - Summary Process
- - if tenant still (on the expiration of any stay execution) stays in the Possession
- - LL may request an Execution of The Summary Process judgement
- - have tenant's goods removed by the state Marshal and placed on the sidewalk
- - Marshall informs tenant of the possibility of sale of belongings if they are not claimed within 10 days
- - if tenant does not claim the goods immediately
- - they will be removed and stored for 15 days (at tenant’s cost)
- - property will be sold at public auction
- - tenant may claim the proceeds within 30 days
- - after 30 days they are turned over to the town Treasury
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Action of summary process other parties
- - assignees
- - mortgagees
- - reversioners/remaindermen
- - Selectmen off a town
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reversioner
- a person entitled to receive the reversion of an estate
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A person entitled to receive the reversion of an estate
reversioner
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remainderman
- a person who inherits or is entitled to inherit property upon the termination of the estate
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A person who inherits or is entitled to inherit property upon the termination of the estate
remainderman
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Eviction of elderly or physically disabled
- .
- - cannot be evicted from five-or-more-unit dwellings except
- 1) non-payment of rent
- 2) non-payment of fair and equitable rent increase
- 3) non-compliance with adopted rules and regulations
- 4) voiding over the rental agreement
- 5) permanent removal from the dwelling
- 6) landlords bona fide (добросовестный) intention to use that unit as his own principal residence
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Disability in CT includes/does not include...
- - does not include addiction to a controlled substance
- - includes alcoholism
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Fair Rent Commission
- .
- - for renter-occupied dwelling exceeds 5000 units
- - is a forum for both tenants and landlords
- - regulates and eliminates excessive charges for residential rental property
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Non-resident landlord registration
- - absentee landlord
- - who does not reside on the property (lives in another state)
- .
- - absentee landlord can register they residential address with the city that houses their rental property
- - providing a current physical address in the event that landlord must be contacted
- - otherwise address on the property tax bill will be used
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