Rental Laws & Taxes

If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay the tenant’s court costs (for example, filing fees) and the tenant’s attorney’s fees. However, the tenant will have to pay any rent that the court orders.

If the landlord wins, the tenant will have to move. In addition, the court may order the tenant to pay the landlord’s court costs and attorney’s fees, and any proven damages, such as overdue rent or the cost of repairs if the tenant damaged the premises.

It is possible, but rare, for a losing tenant to convince the court to allow the tenant to remain in the rental unit. This is called relief from forfeiture of the tenancy. The tenant must convince the court of two things in order to obtain relief from forfeiture: that the eviction would cause the tenant severe hardship, and that the tenant is able to pay all of the rent that is due or that the tenant will fully comply with the lease or rental agreement.320

A tenant can obtain relief from forfeiture of a lease or a rental agreement, even if the tenancy has terminated (ended), so long as possession of the unit has not been turned over to the landlord. A tenant seeking relief from forfeiture (or the tenant’s attorney) must apply for relief immediately after the court issues its judgment in the unlawful detainer lawsuit.321

A tenant who loses an unlawful detainer lawsuit may appeal the judgment if the tenant believes that the judge mistakenly decided a legal issue in the case. However, the tenant will have to move before the appeal is heard, unless the tenant obtains a stay of enforcement of the judgment or relief from forfeiture (described immediately above). The court will not grant the tenant’s request for a stay of enforcement unless the court finds that the tenant or the tenant’s family will suffer extreme hardship, and that the landlord will not suffer irreparable harm. If the court grants the request for a stay of enforcement, it will order the tenant to make rent payments to the court in the amount ordered by the court.322

320    Code of Civil Procedure Section 1179.

321    California Practice Guide, Landlord-Tenant, Paragraph 9:444-9:445.1(Rutter Group 2009). The tenant’s written petition must be served on the landlord at least five days before the date of the hearing on the request for relief. If the tenant does not have an attorney, the tenant may orally apply to the court for relief, if the landlord either is present in court or has been given proper notice. The court also may order relief from forfeiture on its own motion. The court may order relief from forfeiture only on condition that the tenant pay all of the rent due (or fully comply with the lease or rental agreement). (Code of Civil Procedure Section 1179).

322    Code of Civil Procedure Section 1176.

Some local housing agencies refer landlord- tenant disputes to a local dispute resolution center or mediation service. The goal of these services is to resolve disputes without the burden and expense of going to court.

Mediation involves assistance from an impartial third person, called a mediator, who helps the tenant and landlord reach a voluntary agreement on how to settle the dispute. The mediator normally does not make a binding decision in the case.

Arbitration involves referral of the dispute to an impartial third person, called an arbitrator, who decides the case. If the landlord and tenant agree to submit their dispute to arbitration, they will be bound by the decision of the arbitrator, unless they agree to nonbinding arbitration.

Tenants and landlords should always consider resolving their disputes by mediation or arbitration instead of a lawsuit. Mediation is almost always faster, cheaper, and less stressful than going to court. While arbitration is more formal than mediation, arbitration can be faster, and is usually less stressful and burdensome, than a court action.

Mediation services are listed in the yellow pages of the telephone book under Mediation Services.

Living in the Constitution State, a tenant has many responsibilities towards their property management company, landlord or property manager. Below are listed responsibilities a tenant needs to follow in Connecticut.

The tenant must:

• Pay the rent on time. If the rent is not paid by midnight of the ninth day after the day it is due (for yearly or month-to-month leases) or midnight of the fourth day after it is due (for week-to-week leases), the landlord may start legal proceedings to evict the tenant.
• Keep the apartment and the surrounding areas clean and in good condition. (For example, garbage should not be piled up or left around, but should be disposed of promptly.)
• Keep noise to a level that will not disturb your neighbors.
• Repair any damage to the apartment that was the fault of the tenant, or the tenant’s family members or guests. If there is major damage, the tenant should let the landlord, property management company or property manager know at once.
• Let the landlord, property management company or property manager  know immediately if the apartment needs repairs that were not the tenant’s fault.
• Give the landlord, property management company or property manager permission to enter the apartment at reasonable agreed on times to inspect the place or to make any necessary repairs.
• Let the landlord, property management company or property manager know if the tenant will not be in the apartment for long periods of time so the landlord can keep an eye on things.
• When the tenant is moving out, give the landlord, property management company or property manager proper advance notice, be sure that the apartment is in the same condition as when the tenant moved in and return the key to the landlord, property management company or property manager.

Source: www.jud.ct.gov

Landlords in Connecticut has the right to raise the rent. But, the rent cannot be increased during the period of a written lease unless the parties have agreed to the kind of increase. Also, a landlord is not required to give a certain amount of notice to the tenant of an expected rental increase (for example, a thirty day notice) unless that kind of notice was agreed upon when the lease was signed.

If the landlord and tenant cannot agree on a new amount of rent, the tenant must pay whatever the tenant considers to be the fair rental value of the apartment. That amount may be the same amount as the old rent or a higher amount that is less than the landlord is asking for.

As long as the tenant tries to pay what is honestly believed to be the fair rental value of the apartment, the landlord may not be able to evict for nonpayment of rent. But, the landlord may be able to evict for another reason, for example, because the lease has ended or because the tenant’s right or privilege to stay in the premises has ended.

Some cities and towns in Connecticut have Fair Rent Commissions. Those commissions get complaints from tenants who feel that their rents are too high, investigate the complaints and hold hearings to determine the fair rental value of a particular unit. It is not necessary that you hire a lawyer to represent you at the hearing, but hiring a lawyer may be helpful.

A fair rent commission may be used by a tenant who:

• feels that an expected rental increase is unfair;
• is being charged for utilities that were included in the original rent; or
• believes that the rent is unfair because of unsafe or unhealthy conditions which are illegal.

Only a tenant who lives in a city or town with a Fair Rent Commission may file a complaint with the Com- mission in that city or town.

Source: www.jud.ct.gov

Most landlords require new tenants to give a security deposit when the new tenant moves in. The security deposit is a payment that is held by the landlord and that is used to protect the landlord from damages to the apartment that may be caused by the tenant during the lease period and that may be used by the landlord for unpaid rent. A security deposit is not applied to the rent bill but is completely separate.

By law, the security deposit may not be any more than two months’ rent; however, if the tenant is 62 years old or older, it may not be more than one month’s rent. The deposit is held by the landlord in an account (escrow account) for the benefit of the tenant; the landlord merely has a security interest in (rights to the deposit if damage is caused or the rent is unpaid) the funds.

The law requires the landlord to put the full amount of the security deposit in an escrow account where it will earn annual interest at a rate set by the Banking Commissioner. The tenant gets credit for the interest for all months in which the rent is paid on time (within the grace period that is set up in the lease). Except in certain situations, the tenant will not receive interest for any months in which the rent was paid after the grace period. A landlord who does not pay the interest due on the security deposit may be sued by the tenant for the amount or may be subject to a fine.

Source: www.jud.ct.gov