A certain legal process must be followed when evicting a tenant. Landlords must NEVER take matters into their own hands, instead, allowing an attorney to ensure that their rights are protected and enforced. You can trust that Sherriff & Sherriff will protect your rights.
The Landlord-Tenant Relationship
The landlord-tenant relationship is created from an agreement known as a lease. A lease may be oral or written, and may be for any length of time. The lease provides that the tenant takes possession of the land under possession of the landlord. However, a lease is more than a license to stay on a specific parcel of land. A lease grants the tenant exclusive possession of the leasehold premises for a specified time period. A lease is primarily a conveyance of an interest in land. In other words, a lease transfers an estate in real property to a tenant for a stated period of time. At the end of the lease time period the landlord retains a reversionary interest to the real property. Although the possession of a tenant theoretically is regarded as that of landlord, a tenant does enjoy a property right. Thus under Connecticut Law, a tenant has the ability to in trespass to protect his interest against that of the landlord.
A written or oral lease is a bilateral contract in which the tenant has the obligation to pay rent, for as long as the landlord provides a habitable premises. When these obligations are breached, legal action occurs.
Obligations of the Landlord and Tenant
The Landlord must:
- Comply with health & safety building and housing codes;
- Maintain the premises in a livable/habitable condition;
- Keep common areas safe and clean;
- Maintain all electrical, plumbing, heating, supplied appliances in good working order;
- to provide garbage cans and arrange for garbage removal;
- tenants must always be provided with the name and address of the landlord or the landlord's managing agent.
The Tenant must:
- Comply with any obligations provided by any health and safety laws;
- Maintain premises as clean and safe as conditions permit;
- Remove all waste in clean and safe manner to place provided by landlord;
- Keep all fixtures and appliances used by tenant in clean condition;
- Conduct themselves in a manner that will not disturb any neighbor's peaceful enjoyment of the premises;
- Pay the rent on the first of each month;
- Uses the premises in a legal manner; &
- Refrain from being or creating a nuisance.
Often, a case may be filed prematurely. Plaintiffs must understand and abide by the proper applicable period of notice to a tenant before an action may be filed. Many actions are summarily dismissed because they are filed too early. This error cannot be cured! In such a case, the landlord must begin the process again, incurring more legal costs, lost time, and most important, the tenant will be enjoying a longer rent free vacation in the landlord's property.
Sometimes, a tenant may appear in court and claim that he did not receive proper notices from the landlord. Here, two problems may prematurely end the landlord's case. First, Connecticut Law requires certain notations to be included on the Notices given to the tenant. Second, the Notice should contain an affidavit of service to be signed and sworn to by the person delivering the notice.
Landlords must be careful in drafting their complaint to include the names of all adults residing in the premises. Many landlords have been disappointed to find that their order for possession applies only to those adults named in the lawsuit. The Sheriff will allow all other adults not listed in the Order to remain on the premises.
The Eviction Process
Summary Process was enacted in Connecticut to replace the cumbersome process of common law ejectment. Because summary process is a statutory procedural replacement of common law, as a result, the Connecticut Housing Courts follow the law strictly, any liberal translation of the law is frowned upon.
Eviction may be based on one of the following reasons:
- Non-payment of rent
- Lapse of time: lease has expired
- Nuisance
- Breach of Condition of Lease or Law
The Connecticut Housing Session
The Housing Session is one of only two specialized court's in Connecticut. The following matters are under this court's jurisdiction: Summary Process; Actions for back rent, return of security deposit and damages; Actions involving discrimination in the sale or rental of residential property; Health & Housing Code violations; Appeals from fair rent commissions; Appointment of receiver of rents; Any action under Title 47a; and any action involving the health, safety or welfare of any occupant of a premises intended for use as human habitation.
Costs of Eviction
The costs are not prohibitive. With any eviction action there may be the cost of service of process by a Deputy Sheriff, as well as Court Filing Fees. Sherriff & Sherriff will charge only a flat fee, which will cover all courts appearances, which may be many.
Services and Fees
Services and fees may vary from case to case, depending on the circumstances. The following is projected fess and services. Please give us a call for a personal quotation.
Services Provided:
- Notice to Quit
- Drafting and filing of Summary Process Complaint
- Housing Session Court preparation
- Court Appearances
- Arrange service of process and eviction
Estimation of Fees*:
- Uncontested Eviction: $400*, plus costs
- Contested Eviction: $750*, for up to two (2) Court Appearances
- Costs: from $35 - $250*
Contact Us
If you have any questions or concerns regarding this or any legal matter, please do not hesitate to contact us via email or at (203) 226-9800.
