ISSUE

Describe the protections Connecticut law provides to a landlord when a tenant abandons his or her possessions or personal effects.

LANDLORD'S PROTECTIONS

When a tenant abandons a residential unit, the law does not require a landlord to bring an eviction action to obtain possession or occupancy of the unit. In addition, a landlord may not be sued for forcible entry and detainer if he or she enters an abandoned unit and removes the occupants' possessions and personal effects in compliance with the law, outlined below.

Abandonment Defined

By law, “abandonment” means the occupants have vacated the premises without notifying the landlord and do not intend to return. Intent may be evidenced by the removal by the occupants or their agent of substantially all of their possessions and personal effects from the premises and either (1) nonpayment of rent for more than two months or (2) an express statement by the occupants that they do not intend to occupy the premises after a specified date (CGS § 47a-11b).

Notice to Tenants

If all the occupants abandon the dwelling unit, the landlord may send notice to each occupant at the last-known address both by regular mail, postage prepaid, and by certified mail, return receipt requested, stating that the landlord:

1. has reason to believe that the occupant has abandoned the dwelling unit;

2. intends to reenter and take possession of the dwelling unit unless the occupant contacts him or her within 10 days of receipt of the notice;

3. intends to remove any possessions and personal effects remaining in the premises and rent the premises to someone else unless contacted by the occupant; and

4. will dispose of the possessions and personal effects if the occupant does not reclaim them within 30 days after the notice.

The notice must (1) be in clear and simple language and (2) include a telephone number and a mailing address at which the landlord can be contacted. If the notices are returned undelivered, or the occupant fails to contact the landlord within 10 days after receiving the notice, the landlord may reenter and take possession of the dwelling unit, at which time any rental agreement or lease still in effect is deemed to be terminated (CGS § 47a-11b).

Inventory, Storage, and Disposal

The landlord must inventory the occupant's possessions and personal effects in the premises and remove and keep them for at least 30 days. The occupant may reclaim them from the landlord within the 30-day period. If the occupant does not reclaim them by the end of that period, the landlord may dispose of them as he or she deems appropriate (CGS § 47a-11b).

Additional Information

The housing court generally handles landlord-tenant disputes. Also, some towns have a Housing Authority that handles some landlord-tenant issues. A list of the Connecticut Housing Authorities by town is linked here.

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