Understanding Residential Lease Agreements in Connecticut

Introduction to Connecticut Lease Agreements

A Connecticut residential lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of tenancy. It serves as an essential document in residential landlord-tenant relationships, as it provides explicit expectations of both parties. The rental lease agreement includes all the essential details such as the names of all parties, property location, rental terms, and regulations of the property itself. The language of the residential lease agreement outlines the rights, obligations, and corresponding liability for both the landlord and the tenant . Both parties to the agreement have an obligation to adhere to the contract in its entirety, regardless of whether or not both or either party fully understand all the terms laid out in the contract. Lease agreements are all written in lawyer format or legal terminology, yet they are all written the same way. The many nuances of the written lease agreement are what make understanding the document so essential for those involved in a residential lease agreement.

Key Components of a CT Lease Agreement

The following five key elements should be included in any lease agreement:

Parties – The landlord and tenant must be named in the agreement.
Lease Term – The length of the lease must be stated in the agreement. In most leases this is one year or month to month.
Rent – The agreement must state the rent amount and how it is to be paid, including the due date. It should also specify any other fees that the tenant will be responsible for (e.g., utilities, pets, etc.).
Repairs and Maintenance – Understanding whose responsibility repairs and maintenance become is crucial. This may include items like broken appliances or leaky faucets. Typically, the landlord is responsible for major repairs, but any issues outlined in the lease will become the responsibility of the party identified.
Signatures – It’s a good idea for both the landlord and tenant to initial each page of the agreement, with full signatures at the end. This not only provides proof that it has been reviewed, but shows the tenant is accepting the terms of the lease.

A thorough lease is an opportunity to clarify any expectations you have of your tenants, and can prevent any future disagreements.

Legal Considerations in Connecticut

In Connecticut, though the terms "lease" and "rental agreement" are often used interchangeably, they have distinct meanings. A lease typically defines a contract for a fixed term, while a rental agreement generally refers to an agreement for a month-to-month tenancy.
Regardless of the terminology used, residential lease agreements in Connecticut are governed by several statutes, with the overarching common law principles of landlord-tenant law applicable to the extent not specifically addressed by statute. Connecticut General Statutes (C.G.S.) § 47a-1(9) sets forth a non-exhaustive list of the permissible terms in a written lease agreement, some of which may be considered illegal under the common law.
To ensure clarity, lease agreements should discuss in detail the permitted use of the premises. C.G.S. § 47a-1(9) provides that the permitted use of the premises shall be retained as part of the rental agreement or lease, provided it is not inconsistent with the law. The Connecticut Court of Appeals in Urban v. Grant, 50 Conn. App. 434 (1998) interpreted language in a lease agreement stating that "the premises shall not be used for any business purposes other than a single family residence" to mean that a tenant could not operate a home-based business even if the activity was lawful. While case law is not clear on this issue, landlords should avoid use of overly specific language as this could lead to difficult questions on what is and is not allowed, such as operating a business or engaging in any activity within the premises that could be considered a nuisance to neighbors.
The statute also allows for other permissible terms in a lease, including fixing the period of the lease, the monthly or weekly rental amount, the manner in which rent is payable, legal fees to be incurred for breach of the rental terms, a tenant’s right to sublet or assign the property and the right of a landlord to enter the premises. With respect to the landlord’s right to enter the premises, C.G.S. § 47a-16(a) states that landlords shall have a right of entry to the unit at reasonable times for certain specified purposes, including repairs and to protect themselves against unauthorized occupancy.
While most residential landlord-tenant issues are decided in either the Housing Court or the Judicial District Court depending on the claim, there is one type of case the Housing Court has no jurisdiction over: Security Deposit disputes. The Connecticut Security Deposit statute, C.G.S. §§ 47a-21 and 47a-21e provides a detailed discussion of security deposits, including how security deposits must be held (which is, generally, in an account in Connecticut, insured by the FDIC and not interest bearing), the permitted use of the security deposit funds (which may include applicability to non-payment of rent or damages, but not for normal wear and tear) and the permitted security deposit amount (which may not exceed two months’ rent). In addition, the statute provides that if a security deposit is not refunded within certain specified time periods, the tenant is entitled to recovery of double damages. Note that the statute also permits a landlord to recover reasonable attorney’s fees and costs incurred related to the complaint for the return of a security deposit.

Common Lease Clauses and Provisions

As with all legal agreements, Connecticut residential lease agreements are multi-page, fine print documents. For a person who is signing a lease for the first time, the document can feel like a maze of legalese with no clear starting or finishing point. Without the help of a qualified attorney, it can be all too easy to sign without making sure that you understand exactly what you are signing. On the lessor’s side, lease agreements often attempt to shift liability from themselves to the tenant. The devil is in the details and the lessor’s lawyers typically draft longer, more controlling, agreements. Anyone without a lawyer should therefore be on alert if the lease appears to be worded only for the landlord’s benefit. The law should generally apply equally to both parties, and there should be balance within the lease agreement between the lessor’s and lessee’s rights and obligations. Nevertheless, there are some common clauses that appear in most residential lease agreements in Connecticut including, some or all of the following:

Maintenance issues Some leases place the burden on the tenant to maintain the interior of the home, including the walls, plumbing fixtures, and electric outlets.
Security Deposit State law currently allows landlords to charge up to two months’ rent as a security deposit. Connecticut law also defines the way in which landlords can handle security deposits. Among other things, landlords may be required to return the deposit with interest or to provide an accounting of how the money was spent.
Pets Some landlords do not allow pets in their apartments. Those that do often charge a monetary fee or higher rent in exchange for allowing the tenant to keep a pet. In some cases, the landlord may have other restrictions, such as size, breed, or number of pets that are allowed.
Use of Premises Generally gives the tenant the right to use the property as a residence. Other clauses here might include how many people can reside at the property at any one time, and whether the tenant can sublet the residence.

Rights and Responsibilities of Tenants

The Connecticut General Statutes contain extensive provisions that regulate the rights and obligations of landlords and tenants in residential tenancy agreements. The Connecticut legislature has established a legislative scheme known as the Landlord Tenant Act, Conn. Gen. Stat. §§ 47a-1 et seq., which governs all residential tenancies. Since 1997, the legislature codified several common law principles which declare a tenant’s right to a habitable dwelling.
A tenant has the duty maintain the premises in a safe, clean, habitable and sanitary condition and is required to "destroy no part thereof" or, absent normal wear and tear, make repairs whenever damage has occurred. Conn. Gen. Stat. § 47a-11. A tenant also has an affirmative duty to refrain from "any activity which constitutes a nuisance." Nuisance includes "any drug-related activity," which has been defined by statute as "the illegal manufacture, distribution, sale, dispensation or possession with intent to manufacture, distribute or sell any controlled substance…." Conn. Gen. Stat. § 47a-11(a)(2). A lease should reflect this duty with certain lease provisions or other language to inform the tenant of its responsibilities under the law.
Although these provisions are already reflected in the lease by operation of law, a landlord may wish to further provide statutory citations in the lease so the tenant is aware of the full extent of its duties and bring attention to certain details.

Duties and Best Practices for Connecticut Landlords

Residential lease agreements in Connecticut carry with them certain landlord obligations and best practices. While some Lease Agreements are either silent or contrary to the law, the law that governs these agreements is found in Section 47a-9 of the Connecticut General Statutes. A violation of this law gives a tenant a defense in an eviction action, whether the violation was willful on the landlord’s part or not. This law provides that, "The landlord shall make any repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. The tenant shall keep that part of the premises which he occupies clean and safe. The tenant shall dispose from the premises all ashes, garbage, rubbish and other waste in a clean and safe manner . "
The latter requirement is commonly satisfied by a no smoking provision or even a recycling provision in the Lease Agreement.
It is important to keep in mind to avoid including any violations of public policy. Tenants have a right to organize (CGS §31-105); they cannot be evicted for joining a union (see § 31-40t); they have the right to seek remedy for a retaliatory eviction (see § 47a-33); they have the right to have a reasonable number of guests in their apartment (see § 47-42d); they cannot be evicted without court action (CGS §49-22); and they have a right to have children and not be penalized for that choice (CGS §17b-749).
Landlord obligations also include providing an informative lead paint disclosure notice to tenants (see CGS § 22a-132). Failure to do so is a secondary offense under the penal code (28-70a) with a fine upon conviction of $100.00.

Addressing Lease Disputes

Resolving Lease Disputes in Connecticut
Within the context of residential lease agreements in Connecticut, there are a number of disputes that can arise. Some of these disputes may be resolved outside of the legal system, but others must be handled either through litigation in the state’s housing court or through mediation with the assistance of a housing authority.
Disputes over security deposits are among the most common ones that occur between landlords and tenants in CT. According to Connecticut law, virtually every residential lease agreement requires both parties to sign an agreement regarding the terms of security deposit, and once this has been done, landlords are prohibited from keeping a tenant’s security deposit more than 30 days after the lease has been terminated. If a landlord does not return a security deposit following the termination of a lease agreement, a tenant may file a claim for this deposit, as well as for any other damages caused by the inactivity in returning the deposit.
Unfortunately, disputes between landlords and tenants can also result in a number of costly legal repercussions. Because landlords are under strict legal obligations pertaining to their security deposits, they may face civil lawsuits, fines and other sanctions if they do not return security deposits in a timely fashion. In some cases, a landlord may face charges of conversion, which is theft or fraud. These criminal charges are considered felonies and can result in a lot of jail time.
Landlords who are in conflict with their tenants over security deposits, or any other issues, can resolve these disputes in a number of different ways. The first method involves a simple resolution, whereby both parties will meet in an attempt to come to an agreement without the need for legal action. It should be noted that the Connecticut department of consumer protection requires landlords to first attempt to mediate a relationship with their tenants before legal action can be taken. Following this, a landlord may bring a claim to a housing court, which will hear both parties within a small claims court setting and pass a judgment.
If a landlord is unsuccessful in addressing a dispute with his or her tenant, they may eventually have to bring the matter to a decision at housing court. In housing court, both parties will present their grievances to a judge, who will then pass a ruling based on this initial testimony. Disputes are settled when the judge issues a judgment in favor of either the landlord or the tenant, or the dispute is dismissed due to lack of evidence to support any claims. Often, the resolution of a judgment for a landlord or a tenant can result either in the compensation of damages to the tenant, or in the eviction of the tenant from the property.
While many of these disputes can be resolved outside of the legal system by communication between landlord and tenant, it is not uncommon for a landlord to require the assistance of legal professionals to resolve conflicts that may require their attention.

Drafting an Effective CT Lease Agreement

To ensure that a lease agreement is comprehensive and legally sound, landlords in Connecticut should consider the following tips:

Clearly define all rental terms – such as the amount of rent, the due date each month and the rent payment method – in the lease agreement.
Outline the responsibilities of both the landlord and the tenant. For example, if you handle all lawn care, snow removal and other routine maintenance throughout the year, and the tenant is not responsible for any of these services, make this an explicit part of the rental agreement. If the tenant does have to take care of any of these services, be clear about when they need to be completed and what kind of work they entail.
If repairs are a concern, include a provision about notifying the landlord or manager before making them, and require that the tenant obtain the landlord’s approval before undertaking major repairs or improvement projects.
Detail the various consequences for breaking the lease agreement, including details about your right of entry – in general, Connecticut landlords have to give 24 hours’ notice unless the tenant gives permission to enter at any time. If you have specific hours where you can contact the tenant, including these in the lease will help you avoid confusion about when it is appropriate to call or visit the property.
Address pet ownership in the lease. For example, if you do not allow pets on the property, you could automatically consider guilty a tenant who has a pet on the premises. You can also put specific liability requirements on a tenant who has a pet. Be sure to include any requirements you have for pet grooming and maintenance to reduce the chance of significant damage.
Have the lease agreement reviewed by a Connecticut attorney specializing in residential real estate before you distribute it to other parties or sign it yourself.

Conclusion

This article provides a general overview of residential lease agreements in Connecticut but we recommend that you consult an attorney in order to draft or review a lease agreement. A well-drafted lease agreement is the backbone of a successful landlord-tenant relationship. For the landlord, a good lease agreement covers all bases and provides much needed protection in the event there is a dispute or a breach of the terms of the lease. For the tenant , the lease agreement ensures that your rights, health and safety will not be violated and that you have proper recourse if the landlord violates the agreement. Because of the many important responsibilities that a well-drafted lease agreement sets out, it is well worth the investment to consult a knowledgeable attorney about residential real estate in Connecticut.