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Connecticut Landlord and Tenant Law with Forms

Noble Allen

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 NEW 2015 Edition

Available July 2015!


Completely revised, updated, and reissued in paperback and as an eBook, Connecticut Landlord and Tenant Law is a desktop reference that covers the legal relationship between tenants and landlords, both in commercial and residential settings. This book includes an overview of lease construction and interpretation, the statutory obligations of landlords and tenants, summary process litigation, and non-summary process litigation. Chapters include: 


• Statutory Construction in Landlord Tenant Law

• Lease Construction and Interpretation 

• Landlord and Tenant’s Statutory Rights and Responsibilities—Residential Tenancies 

• Forcible Entry and Detainer Statute 

• Security Deposits and Advanced Payments 

• Certificates of Occupancy 

• Housing Court Proceedings 

• Summary Process Litigation 

• Post Judgment Proceedings 

• Summary Process Execution/Eviction of Tenants 

• Civil Litigation for Damages Valuable appendices to the book include an annotated glossary of common trigger provisions and concepts in commercial lease litigation as well as housing court forms and other landlord-tenant related forms. 


Released in ePUB format, Connecticut Landlord and Tenant Law contains hyperlinks to the full text of cases, statutes and other authoritative content. The eBooks are compatible with a variety of devices and readers, including Apple iPad or iPhone, SONY Reader, Barnes & Noble NOOK and Adobe Digital Editions for PC and Mac


 

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  • Availability: Available
  • Brand: The Connecticut Law Tribune
  • Product Type: Books
  • Edition: 1
  • Page Count: 230
  • ISBN: 978-1-57625-731-9
  • Pub#/SKU#: QBKLAN14
  • Pub Date: 10/01/2008
  • Volume(s): 1
  • CDs: 1

Author Image
  • 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).


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 Damages 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 Repose

4-2 Elements of a 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 Tenants 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 Mechanics 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 Tenants’ 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 Tenants Notice of Abandonment of Space

2-012 Forcible Entry and Detainer Complaint (Commercial)

2-013 Defendants 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 courts 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