Connecticut Residential Lease Agreements 101
Residential lease agreements are legal documents between a landlord and a tenant that outline the rights and responsibilities of both parties for the duration of the rental agreement. A residential lease agreement is defined by Connecticut law as "the oral or written agreement and all written or electronic documents, such as an attachment or addendum, executed by the landlord and tenant and binding them." General Statutes of Connecticut Definitions § 47a-1(9). The rental agreement can be a written or oral agreement with specific terms that determine how the rental period will function. Additionally , there are certain implied conditions in a residential lease agreement if anything is not expressly stated in the contract. It is important to keep in mind that the laws will determine whether something in your rental agreement is allowed. For example, Connecticut law determines what happens when a rental agreement has expired or what must happen if a tenant and the landlord both agree to end the rental relationship. Additionally, each municipality in Connecticut may have its own specific laws that apply within that town. Because of this, it is essential to have the knowledge needed to understand how the laws and your rental property apply.
Legal Requirements for a Connecticut Residential Lease Agreement
Connecticut law mandates certain elements be included in residential lease agreements. These legal requirements include:
"Show cause" for lease termination. Under state law, a landlord may only terminate a residential lease by providing "good cause." Rent payment default is not considered good cause under state law. Moreover, if a tenant files an action which causes the commencement of a new trial or hearing, a landlord may not terminate a residential lease until there is a final judgment on the merits of the initial case. Entry notice. The Connecticut Residential Rental Agreement Act (Conn. Gen. Stat. §§ 47a-22 to a-27) provides that landlords must give 24 hours written notice before entering a residential unit to make repairs or inspect the property. Security deposit. Under state law, in most cases, a landlord may not require more than two months’ rent as a security deposit. If the landlord charges first and last month’s rent in addition to a security deposit, the security deposit may not exceed one city month’s rent. Tenant rights. State law protects tenants from retaliatory acts by their landlord. Additionally, tenants who are current in their rent but considering filing a legal action are entitled to certain protections under state law.
Essential Provisions to Incorporate
The foundation of a robust lease agreement is the inclusion of certain critical clauses. These include provisions that stipulate the amount of rent, circumstances in which the lease can be terminated, how often rent can be adjusted, security deposits and other essential details. A good way to organize these clauses is: Rent amount: the weekly amount of rent, what is included (if anything) in the rent, and if you are water/sewer inclusive, anything additional in the rent and if not how much water/sewer the tenant is responsible for. Increases in rent: if you are starting with a rent of $ 850.00 per week, can you raise it to $900.00 in six months, $ 950.00 in a year and $ 1000.00 in eighteen months? Security deposit: is it 8 weeks, 9 weeks, two months, etc.? Is it held in an interest bearing account? Is there a general or limited waiver of security following three months of timely payments, say 1/6 of the total for each month of timely payment?
Legal Obligations of Landlords and Tenants
Separation of Powers: The Rights and Responsibilities of the Landlord/Tenant Relationship
In a standard Connecticut residential lease agreement there is an implicit recognition of the separation of powers between the parties to a lease agreement. Landlords have certain rights and remedies if tenants attempt to infringe on those rights while tenants also have certain obligations to the landlords that govern their use of the property. Likewise, landlords are under certain obligations to their tenants for maintenance and repairs to the property.
By way of example, the landlord is primarily responsible for maintaining the roof, walls, common areas, sidewalks, stairways and other necessary parts of the building. The landlord is even responsible for duties which they reassign to another. For example, if the lease agreement states the landlord is responsible for the outdoor maintenance (i.e., snow removal and lawn care) but the landlord hires a third-party to perform this duty, the landlord is still responsible for the missing service. Hiring the third-party may be considered the landlord’s due diligence and in good faith enactment of some of the duties that remain with the landlord; however, this does not relieve the landlord of his or her obligation. Most leases will contain language similar to the following:
The landlord has a duty to provide a fit habitable living environment. This includes providing working heat and water. During the winter months the landlord has an obligation to keep the heating system clear of obstructions so as to provide appropriate heating. For your protection, consider tracking all communications (i.e., emails, text messages, written letters) with the landlord on your phone, computer or via hard copy. Keep dated photographs of the debris and inclement weather (if applicable) on the premises; as well as, photographs of the necessary repairs (i.e., mold, broken toilets and windows).
Similarly, the tenant has certain obligations to their landlord under a typical Connecticut residential lease agreement. For example, a tenant must keep the common areas of the leased premises in clean, safe condition and dispose of all waste in a timely and sanitary manner. A tenant may not create, permit or allow a nuisance (a threat to life, health or safety) or any restoration of peace.
Common Residential Lease Agreement Problems and Solutions
One of the biggest causes of disputes between landlords and tenants is misunderstanding over when deposits can be withheld for repairs and maintenance. It is critical for residential leases to be clear that the security deposit may not be used to pay for expenses for which the landlord is responsible under Conn. Gen. Stat. § 47a-21(d). The most likely cause of a dispute over a deposit will involve whether certain repairs are needed due to "ordinary wear and tear" or due to the negligence of a tenant. Conn. Gen. Stat. §47a-21(d)(2) provides: "A landlord shall not retain a portion of a security deposit to cover ordinary or normal wear and tear costs upon termination of the tenancy. A variety of wear and tear conditions which may occur, depending on circumstances, are to be expected without holding a tenant responsible…. For example, typical wear and tear includes: worn or scuffed floors (carpet, hardwood, tile or linoleum), worn stair treads, scuffed or dirty walls, worn-out fixtures and appliances, chipped or dented furniture, scratches in woodwork, worn windows or window screens, worn furniture, and worn or damaged curtains or blinds . " However, landlords usually feel there are others situations where the tenant should be responsible for the expense.
Another issue is the failure to comply with the statutory requirements governing lease termination. Landlords often mistakenly assume that a one-year lease must be automatically renewed for another year upon expiration. In fact, the law provides that after the expiration of the first or any renewal term, "the tenant shall become a month-to-month tenant upon the same terms and conditions applicable during the previous one-year term unless the landlord or the tenant gives notice on or before the sixtieth day prior to such expiration or other termination that the rental agreement shall terminate upon the expiration of such sixty-day period." Conn. Gen. Stat. §47a-3. If a landlord fails to provide this notice, the tenant may remain in the premises as a month-to-month tenant until either the landlord or tenant gives sixty days notice.
How to Create a Connecticut Residential Lease Agreement
The first step in the drafting process is to make an inventory of the property. Almost all, if not all, residential lease agreements for houses, apartments or condominiums will contain at least two exhibits – the first being the inventory of the property and the second being the CT Attorney General’s Information about Lead in the Home which must be signed by the lessee. At the same time as the property is being inventoried, it is also a good idea to take pictures so that the pictures can be used as a reference when and if you need them.
Next, the best practice is to review prior rental leases. If you are new landlord, you may not have any prior leases to refer to but if you are a not unfamiliar with buying or selling property you probably have access to several rental leases that you have used before. These existing rental leases are an excellent guide to the important clauses of a lease that typically should be included in every lease. If you are brand new to the rental business, you may want to reach out to a local real estate agent for assistance.
Next, consider searching online for sample residential lease agreements. A quick Google search will show you many samples that have already been drafted in compliance with CT law. You don’t want to take the rental agreement you find on a neighbor’s door knob because it is just plain bad luck. You also don’t want to use a rent to own agreement because they are illegal in CT.
Once you have completed the inventory and reviewed prior rental agreements you typically will have a good idea of what provisions you want in your rental agreement. It is now time to start drafting the agreement. The first provision you will want in the agreement is the basics of the rental including the parties’ names, the property address and the rental amount. Once that is in place, you will typically want to lease term and late fee provisions.
Of course, you don’t have to go in that order and you can write the lease however you may feel comfortable.
It is also important to remind you, as the landlord, you can amend the rental agreement and add on provisions that best suit your needs. One issue however that you may not be familiar with is that the lease must comply with federal law. This is especially true where your home was built before 1978 and is subject to the federal and state statutes regulating lead based paints.
At the completion of drafting your residential lease agreement, you will hand over the following documents to your prospective tenant: (1) Attorney General’s Information about Lead in the Home; (2) Inventory of Property; (3) Residential Lease; and (4) CRRA Fact Sheet about Energy Efficiency.
Consulting with a Legal Expert and Further Resources
Whether you’re a landlord drafting a lease or a tenant entering into one, it is best to seek advice from a knowledgeable attorney who can guide you through the intricacies of Connecticut residential landlord-tenant law. Drafting a lease agreement or entering into a lease agreement in Connecticut is not as simple as plugging your facts into a template, and even the most straightforward arrangement can become complicated when it is revealed that one party has no intent to abide by the law, or entire parties are caught off-guard by the complexities of the legal hurdles that they must overcome .
In hiring an attorney to represent you for your Connecticut lease, you should look for an attorney that has substantial experience handling Connecticut landlord-tenant law, has reasonable fees, and is prepared to actively communicate with you throughout the entire leasing process, including the term of the lease.