CHAPTER 830
RIGHTS AND RESPONSIBILITIES OF LANDLORD AND TENANT

Table of Contents

Sec. 47a-4. Terms prohibited in rental agreement.
Sec. 47a-6a. Filing in designated municipal office of residential address of nonresident landlord.
Sec. 47a-6b. Civil penalties for failure to file residential address of nonresident landlord.
Sec. 47a-18a. Judicial relief if landlord unlawfully enters.
Sec. 47a-20. (Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.
Sec. 47a-20a. Actions deemed not retaliatory.

      Sec. 47a-4. Terms prohibited in rental agreement. (a) A rental agreement shall not provide that the tenant: (1) Agrees to waive or forfeit rights or remedies under this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of the general statutes or any municipal ordinance unless such section or ordinance expressly states that such rights may be waived; (2) authorizes the landlord to confess judgment on a claim arising out of the rental agreement; (3) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith; (4) agrees to waive his right to the interest on the security deposit pursuant to section 47a-21; (5) agrees to permit the landlord to dispossess him without resort to court order; (6) consents to the distraint of his property for rent; (7) agrees to pay the landlord's attorney's fees in excess of fifteen per cent of any judgment against the tenant in any action in which money damages are awarded; (8) agrees to pay a late charge prior to the expiration of the grace period set forth in section 47a-15a or to pay rent in a reduced amount if such rent is paid prior to the expiration of such grace period; or (9) agrees to pay a heat or utilities surcharge if heat or utilities is included in the rental agreement.

      (b) A provision prohibited by subsection (a) of this section included in a rental agreement is unenforceable.

      (P.A. 76-95, S. 4, 27; 76-435, S. 75, 82; P.A. 77-451, S. 1; P.A. 79-571, S. 9; P.A. 82-274, S. 3; P.A. 87-154, S. 2; May Sp. Sess. P.A. 92-11, S. 37, 70; P.A. 05-56, S. 1.)

      History: P.A. 76-435 revised effective date section of P.A. 76-95, see history to Sec. 47a-1; P.A. 77-451 substituted "shall" for "may"; P.A. 79-571 revised list of applicable sections and deleted former Subsec. (c) prohibiting rental agreements which would permit receipt of rent for period during which landlord fails to comply with Sec. 47a-7(a), see Sec. 47a-4a; P.A. 82-274 amended Subdiv. (7) of Subsec. (a) by restricting the limitation on the amount of attorney's fees to actions in which money damages are awarded; P.A. 87-154 amended Subsec. (a) to add Subdiv. (8) prohibiting a provision whereby a tenant agrees to pay a late charge or to pay rent in a reduced amount prior to the expiration of the statutory grace period; May Sp. Sess. P.A. 92-11 amended Subsec. (a) to correct a statutory reference in Subdiv. (4) by replacing Sec. 47a-22 with Sec. 47a-21; P.A. 05-56 amended Subsec. (a) to add Subdiv. (9) prohibiting heat and utilities surcharge clauses in residential leases, effective October 1, 2005, and applicable to rental agreements or renewals of rental agreements signed on or after that date.

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      Sec. 47a-6a. Filing in designated municipal office of residential address of nonresident landlord. (a) As used in this section, "address" means a location as described by the full street number, if any, the street name, the city or town, and the state, and not a mailing address such as a post office box, "dwelling unit" means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied, or is occupied, as the home or residence of one or more persons, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards and "agent in charge" means one who manages real estate, including, but not limited to, the collection of rents and supervision of property.

      (b) Any municipality may require the nonresident owner of occupied or vacant rental real property to maintain on file in the office of the tax assessor or other municipal office designated by the municipality, the current residential address of the nonresident owner of such property, if the owner is an individual, or the current residential address of the agent in charge of the building, if the nonresident owner is a corporation, partnership, trust or other legally recognized entity owning rental real property in the state. If such residential address changes, notice of the new residential address shall be provided by such nonresident owner or agent in charge of the building to the office of the tax assessor or other designated municipal office not more than twenty-one days after the date that the address change occurred. If the nonresident owner or agent fails to file an address under this section, the address to which the municipality mails property tax bills for the rental real property shall be deemed to be the nonresident owner or agent's current address. Such address may be used for compliance with the provisions of subsection (c) of this section.

      (c) Service of state or municipal orders relating to maintenance of such rental real property or compliance with state law and local codes concerning such real property directed to the nonresident owner or agent at the address on file, or deemed to be on file in accordance with the provisions of this section, shall be sufficient proof of service of notice of such orders in any subsequent criminal or civil action against the owner or agent for failure to comply with the orders. The provisions of this section shall not be construed to limit the validity of any other means of giving notice of such orders that may be used by the state or such municipality.

      (d) Any person who violates any provision of this section shall have committed an infraction.

      (P.A. 05-223, S. 1.)

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      Sec. 47a-6b. Civil penalties for failure to file residential address of nonresident landlord. Notwithstanding the provisions of section 51-164p, any municipality may by ordinance adopted by its legislative body establish a civil penalty for a violation of section 47a-6a, provided the amount of such civil penalty shall be not more than two hundred fifty dollars for the first violation and not more than one thousand dollars for any subsequent violation. Any person who is assessed a civil penalty pursuant to this section may appeal therefrom to the Superior Court. An appeal shall be instituted not later than thirty days after the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to section 52-259, at the Superior Court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.

      (P.A. 05-223, S. 2.)

      History: P.A. 05-223 effective July 6, 2005.

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      Sec. 47a-18a. Judicial relief if landlord unlawfully enters.

      Term "one month's rent" includes all rent payments made to the landlord, regardless of their source and therefore includes both tenant's portion and subsidized portion of rent payments made to the landlord. 88 CA 193. The attorney's fees provision found in Sec. 47a-18a is not limited to percentage of the award of damages. Other factors relevant to reasonableness of an award of attorney's fees under the statute include work performed by counsel, as documented by the attorney's affidavits, prevailing hourly rates or the award of attorney's fees in similar cases. Id. Where damages awarded under section encompass the same conduct as for damages awarded pursuant to Sec. 47a-46, the sum for actual damages may not be included in the award pursuant to both this section and Sec. 47a-46. 89 CA 836.

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      Sec. 47a-20. (Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.

      Sec. 47a-20a contains four exclusive grounds by which a landlord may rebut a presumption of retaliation under this section and because landlord did not prove at least one of those four grounds, he did not rebut the presumption of retaliation under this section. 91 CA 142.

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      Sec. 47a-20a. Actions deemed not retaliatory.

      Section contains four exclusive grounds by which a landlord may rebut a presumption of retaliation under Sec. 47a-20 and because landlord did not prove at least one of those four grounds, he did not rebut the presumption of retaliation under Sec. 47a-20. 91 CA 142.

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