September 13, 2000 |
2000-R-0903 | |
EVICTION BASED ON LAPSE OF TIME | ||
By: Sandra Norman-Eady, Senior Attorney |
You asked a series of questions about evictions based on lapse of time (lease expiration). Below, we have restated each of your questions separately and provided a brief summary of the law.
Are landlords required to state a reason for not renewing a lease?
With one exception, expiration of a lease agreement is a reason for evicting a tenant and landlords are not required by law to state why they choose not to renew the agreement (CGS § 47a-23). Landlords cannot evict aged, blind, or disabled tenants living in building with five or more dwelling units based on lapse of time. These tenants can be evicted only for cause, e.g., nonpayment of rent, violation of rental agreement, or nuisance (CGS § 47a-23c).
The law prohibits landlords from refusing to rent to tenants or otherwise making accommodations unavailable to them because of race, creed, color, national origin, ancestry, sex, marital status, age, lawful source of income, familial status, disability, or sexual orientation (CGS § 46a- 64c(a) and 46a-81e). The prohibition does not apply to rented rooms in a single-family house or a dwelling unit in a two-family building if the owner lives there (CGS § 46a-64c (b)).
How much advance notice do landlords have to give tenants before terminating the lease?
Landlords must give tenants a notice to quit at least three days before terminating a lease agreement (CGS § 47a-23 (a)). A tenant may expressly waive his right to this three-day notice to quit by signing a lease agreement that contains such a provision (CGS § 47a-25).
What rights do tenants have when their lease is terminated for lapse of time?
Tenants may file any applicable affirmative defense when facing eviction for any reason. A possible defense available to tenants being evicted for lapse of time is retaliation, (i.e., the landlord brought the action because the tenant exercised his legal right to report state health or housing code violations). The tenant bears the burden of proving that the landlord's action is retaliatory (CGS § 47a-20, -33, and –33a).
If a tenant believes that a landlord's action is discriminatory, he may file a compliant with the Commission on Human Rights and Opportunities (CGS § 46a-82).
Can tenants petition the court for an extension of time in order to retain adequate housing?
Eviction judgments are automatically stayed for five days (CGS § 47a-35). During these five days, tenants can ask the court for an additional stay of up to six months. The court can grant the stay for a number of reasons, including because a tenant cannot secure suitable housing elsewhere in the town or a neighboring town (CGS § 47a-39).
Are the laws the same for Section 8 housing?
Although Section 8 is administered locally by housing authorities, it is a federal program; thus, federal rules apply (24 CFR 982.1 et seq.). These rules are substantially similar to state law. They allow property owners to terminate a tenancy for lapse of time (initial leases must cover at least one year, unless the housing authority consents to a shorter term), prohibit discriminatory housing practices, allow tenants to raise affirmative defenses, and ask the court to stay an eviction judgment for a period of time.
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