Jonah Patel
In Connecticut, a landlord must follow a specific legal process to evict a tenant, and the reason for eviction must be based on one of the five grounds for eviction. One of these grounds is serious nuisance, which is defined as conduct that presents an immediate and serious danger to the safety of other tenants or the landlord. This includes inflicting physical harm or threatening to do so, willful destruction of the premises, or any other conduct that creates a risk of serious and immediate danger. Other grounds for eviction include non-payment of rent, breach of lease terms, and illegal conduct. Before beginning the eviction process, landlords are encouraged to give tenants informal verbal warnings and, in some cases, a preliminary written notice to quit.
| Characteristics | Values |
|---|---|
| Nuisance | A legal term referring to a party who engages in actions that affect others' abilities to use and enjoy their properties |
| Serious Nuisance | Conduct that presents an immediate and serious danger to the safety of other tenants or the landlord |
| Examples of Serious Nuisance | Inflicting/threatening physical harm, willful destruction of property, using the property for illegal activities |
| Non-Serious Nuisance | No definition found, but could include behaviours that interfere with others' use and enjoyment of their property |
| Eviction Process for Nuisance | Verbal warning, pre-termination notice, eviction judgment, complaint and summons, trial, judgment and execution |
| Notice Period | Varies, but generally between 3 and 15 days |
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What You'll Learn
Threatening the safety and well-being of others
In Connecticut, threatening the safety and well-being of others is considered a serious nuisance, which is one of the grounds for evicting a tenant.
Connecticut law defines certain tenant behaviours as a "serious nuisance", which allows for an expedited summary process to remove the tenant. These behaviours include inflicting or threatening to inflict physical harm on a landlord or another tenant, willful and significant destruction of the premises or building, and any other conduct that creates a risk of serious and immediate danger to the landlord or other tenants.
For example, in the case of Cardinal Realty Investors, LLC v. Bernasconi, the Supreme Court ruled that a tenant having three large refrigerators in a 12-foot by 10-foot room, with clutter and trash piled high, and a stench coming from the room, did not constitute a serious nuisance under Connecticut law. However, the landlord claimed it was a fire hazard and a health and safety threat to other tenants.
If a tenant's behaviour constitutes a serious nuisance, landlords may not need to provide a preliminary notice before beginning the eviction process. However, in less severe cases, landlords can give tenants informal verbal warnings, which can save time and money for all parties involved. If the behaviour continues and is not considered a serious nuisance, landlords can then serve a pre-termination notice, giving tenants a period of time to repair or pay for damages before taking further legal action.
In Connecticut, the eviction process typically begins with serving the tenant with a notice to quit, which must include the exact name and address of each adult tenant being evicted and state at least one reason for the eviction. If the tenant does not move from the rental property once the time period expires, the landlord can initiate proceedings in Superior Court by filing a summons and complaint.
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Inflicting physical harm or threatening to do so
In Connecticut, a "serious nuisance" is defined as conduct that presents an immediate and serious danger to the safety of other tenants or the landlord. This includes inflicting physical harm or threatening to do so. Landlords must not delay in addressing this type of tenant behaviour, and should seek advice from an experienced landlord rights attorney.
In Connecticut, tenants can be evicted for "serious nuisance", which includes inflicting physical harm or threatening to do so. This is considered a type of illegal conduct, and tenants cannot cure an eviction based on this ground. Landlords must serve a notice to quit, and file a summons and complaint.
If a tenant has inflicted physical harm or threatened to do so, landlords should first try an informal verbal warning that continued behaviour will lead to eviction. If the behaviour continues, a pre-termination notice can be served, which gives tenants a period of time to remedy the situation. If the behaviour still continues, or the tenant fails to remedy the situation, further legal action can be taken.
In Connecticut, landlords can evict tenants who pose a serious threat to the safety of other tenants or the landlord, including those who have inflicted physical harm or threatened to do so. This is considered a serious matter, and landlords must obtain an eviction judgement and serve their tenants with a complaint and summons. If a default judgement is obtained, or the case goes to trial, landlord attorneys can provide representation throughout the legal process.
If a tenant has inflicted physical harm on the landlord or another tenant, or has threatened to do so, this is considered a serious matter that requires careful documentation. Landlords should keep records of any events that would lead a reasonable person to fear for their safety. If there is enough evidence to support these fears, it may be possible to petition for a restraining order, which could also achieve the same end as an eviction.
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Willful destruction of the property
In Connecticut, willful and significant destruction of the premises or building by a tenant is considered a "serious nuisance" and is grounds for eviction. Connecticut landlord-tenant laws define a "nuisance" as "conduct that interferes substantially with the comfort or safety of other tenants or occupants of the same or adjacent buildings or structures".
Willful destruction of property can include acts such as causing substantial and wilful destruction of part of the dwelling unit or premises, which can create an immediate and serious danger to the safety of other tenants or the landlord. This can include damaging the structure of the building, rendering it unsafe for other occupants.
In such cases, landlords can seek an expedited summary process to remove the tenant. This involves obtaining an eviction judgment from the courts and serving the tenant with a Complaint and Summons. The landlord must first terminate the tenancy and give the tenant a notice period to move out, which can vary from 3 to 15 days depending on the specific circumstances and lease terms. If the tenant does not vacate the premises by the end of the notice period, the landlord can proceed with filing an eviction lawsuit.
It is important to note that landlords should always seek legal advice and explore all possible solutions before resorting to eviction, as it can be a stressful and costly process for all involved parties. Verbal warnings and providing tenants with opportunities to remedy their behaviour or pay for repairs can often be effective in resolving issues without the need for eviction.
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Illegal conduct, including drug sales
In Connecticut, a "nuisance" is a legal term referring to a party whose actions affect others' abilities to use and enjoy their properties. A "serious nuisance" is defined as conduct that presents an immediate and serious danger to the safety of other tenants or the landlord.
Connecticut law defines certain tenant behaviors as "a serious nuisance", which allows for an expedited summary process to remove the tenant. One such behavior is using the property to sell illegal drugs.
Connecticut's drug forfeiture law authorizes prosecutors to institute civil forfeiture actions against any property derived or obtained from the proceeds of an illegal drug sale or exchange, or used or intended to be used to commit or facilitate an illegal drug sale. Property may be forfeited even if there is no criminal conviction.
According to Chris Malaney, supervisory assistant state's attorney of the Chief State's Attorney's Office's Asset Forfeiture Unit, the state has brought a forfeiture action against rental property only once. Malaney indicated that landlord and tenant laws sometimes make it difficult for landlords to evict individuals engaged in drug trafficking on leased premises. Although selling drugs on leased premises is a ground for eviction, the procedures for actually gaining an eviction can be challenging.
If you believe you have a tenant who engages in nuisance conduct, you should not delay in discussing your options with an experienced landlord rights attorney. If the behavior is not considered a "serious nuisance", an informal verbal warning that continued behavior will lead to eviction may be enough to get them to stop. If the behavior continues, you can prepare and serve a pre-termination notice, which gives tenants a period of time to repair the damages or pay for their repairs. This can serve as a necessary prerequisite for taking further legal action if the behaviors continue or the tenants fail to remedy the situation. However, if the behaviors in question constitute a serious nuisance under the law, you may not need to provide a preliminary notice to the tenants.
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Non-payment of rent
For commercial leases, there is no grace period. Landlords can serve tenants with a three-day notice of termination, with no requirement to allow tenants to pay rent within this period.
In some cases, landlords may be required to deliver a written notice to the tenant, specifying the breach of the rental agreement and stating that the agreement will terminate within at least fifteen days of receiving the notice. If the breach is remedied within this period, the rental agreement will not be terminated. However, if a similar breach occurs within six months, the landlord may terminate the agreement.
Before resorting to eviction, landlords should consider giving tenants informal verbal warnings about their behaviour, which can save time and money for both parties. If the behaviour continues and is not considered a "serious nuisance", a pre-termination notice can be served, giving tenants time to repair damages or pay for repairs. However, if the behaviour constitutes a serious nuisance under the law, landlords may not need to provide a preliminary notice.
Serious nuisance is defined as conduct that presents an immediate and serious danger to the safety of other tenants or the landlord. This can include physical harm or threats, willful destruction of the premises, or any conduct that creates a risk of serious danger.
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Frequently asked questions
The first step in the eviction process in Connecticut is to provide the tenant with a written eviction notice, or a Notice to Quit. This notice must include the exact name and address of each adult tenant being evicted and state at least one reason for the eviction.
A serious nuisance is defined as conduct that presents an immediate and serious danger to the safety of other tenants or the landlord. This includes inflicting physical harm or threatening to do so, willful and significant destruction of the premises, or using the property to sell illegal drugs or for prostitution.
Grounds for eviction in Connecticut include non-payment of rent, breach of tenant's statutory duties, breach of lease terms, and illegal conduct or serious nuisance.
