Sec. 47a-4. Terms prohibited in rental agreement.
Sec. 47a-4d. Fees for tenant screening reports.
Sec. 47a-6a. Filing in designated municipal office of residential address of nonresident landlord.
Sec. 47a-7c. Walk-through inspections prior to occupancy.
Sec. 47a-15a. Nonpayment of rent by tenant: Landlord's remedy. Charges for late rent.
Sec. 47a-1. Definitions. As used in this chapter, sections 47a-21, 47a-23 to 47a-23c, inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43, and 47a-46:
(a) “Action” includes recoupment, counterclaim, set-off, cause of action and any other proceeding in which rights are determined, including an action for possession.
(b) “Building and housing codes” include any law, ordinance or governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
(c) “Dwelling unit” means any house or building, or portion thereof, which is occupied, is designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of one or more persons.
(d) “Landlord” means the owner, lessor or sublessor of the dwelling unit, the building of which it is a part or the premises.
(e) “Owner” means one or more persons, jointly or severally, in whom is vested (1) all or part of the legal title to property, or (2) all or part of the beneficial ownership and a right to present use and enjoyment of the premises and includes a mortgagee in possession.
(f) “Person” means an individual, corporation, limited liability company, the state or any political subdivision thereof, or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.
(g) “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.
(h) “Rent” means all periodic payments to be made to the landlord under the rental agreement.
(i) “Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under section 47a-9 or subsection (d) of section 21-70 embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises.
(j) “Roomer” means a person occupying a dwelling unit, which unit does not include a refrigerator, stove, kitchen sink, toilet and shower or bathtub and one or more of these facilities are used in common by other occupants in the structure.
(k) “Single-family residence” means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit or has a common parking facility, it is a single-family residence if it has direct access to a street or thoroughfare and does not share heating facilities, hot water equipment or any other essential facility or service with any other dwelling unit.
(l) “Tenant” means the lessee, sublessee or person entitled under a rental agreement to occupy a dwelling unit or premises to the exclusion of others or as is otherwise defined by law.
(m) “Tenement house” 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 three or more families, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards.
(P.A. 76-95, S. 1, 27; 76-435, S. 75, 82; P.A. 79-571, S. 2; 79-631, S. 96, 111; P.A. 86-267, S. 4; P.A. 89-254, S. 1; P.A. 91-383, S. 13; P.A. 95-79, S. 171, 189; P.A. 10-137, S. 4; P.A. 21-78, S. 21; P.A. 23-207, S. 5.)
History: P.A. 76-435 deleted provision in Sec. 27 of P.A. 76-95 which specified that the act applied to “rental agreements entered into or extended or renewed on and after” January 1, 1977; P.A. 79-571 added Subdiv. (m) defining “tenement house” and revised list of applicable sections; P.A. 79-631 removed Sec. 47a-26 from list of applicable sections; P.A. 86-267 made definitions applicable to section 47a-23c and rephrased definition of dwelling unit; P.A. 89-254 redefined “dwelling unit” to include realty “designed to be occupied” as a home or residence; P.A. 91-383 amended the definition of “landlord” to include the owner, lessor or sublessor of “the premises”, amended the definition of “rental agreement” to include rules and regulations adopted under “subsection (d) of section 21-70”, and amended the definition of “tenant” to include a person occupying “premises”; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 10-137 applied definitions to Sec. 47a-11e and made a technical change; P.A. 21-78 applied definitions to Sec. 47a-7b; P.A. 23-207 applied definitions to Secs. 47a-4d and 47a-7c. (Revisor's note: In 2024 a reference to Sec. 47a-7b in the introductory language was deleted editorially by the Revisors for clarity because said section is included in “this chapter”.)
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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; (9) agrees to pay a late charge on rent payments made subsequent to such grace period in an amount exceeding the amounts set forth in section 47a-15a; or (10) 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; P.A. 23-207, S. 7.)
History: P.A. 76-435 revised effective date section of P.A. 76-95; 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); P.A. 82-274 amended Subsec. (a)(7) by restricting the limitation on the amount of attorney's fees to actions in which money damages are awarded; P.A. 87-154 added Subsec. (a)(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)(4) to correct a statutory reference by replacing Sec. 47a-22 with Sec. 47a-21; P.A. 05-56 added Subsec. (a)(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; P.A. 23-207 added new Subsec. (a)(9) re prohibition against charges for late rent exceeding the amount set forth in Sec. 47a-15a and redesignated existing Subsec. (a)(9) as Subsec. (a)(10).
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Sec. 47a-4d. Fees for tenant screening reports. (a) As used in this section, “tenant screening report” means a credit report, a criminal background report, an employment history report, a rental history report or any combination thereof, used by a landlord to determine the suitability of a prospective tenant.
(b) No landlord may demand from a prospective tenant any payment, fee or charge for the processing, review or acceptance of any rental application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except a security deposit pursuant to section 47a-21, advance payment for the first month's rent or a deposit for a key or any special equipment, or a fee for a tenant screening report as provided in subsection (c) of this section. No landlord may charge a tenant a move-in or move-out fee.
(c) On and after October 1, 2023, a landlord may charge a fee not exceeding fifty dollars plus an adjustment reflecting any increase in the consumer price index for urban consumers, as determined by the Commissioner of Housing on an annual basis, for a tenant screening report concerning a prospective tenant.
(d) A landlord that charges a fee for a tenant screening report concerning a prospective tenant shall provide the prospective tenant with (1) a copy of the tenant screening report or, if the landlord is prohibited from providing such a copy, information concerning such report that would allow such tenant to request a copy of such report from the service provider that produced such report, and (2) a copy of the receipt or invoice from the entity conducting the tenant screening report concerning the prospective tenant.
(P.A. 23-207, S. 6.)
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Sec. 47a-6a. Filing in designated municipal office of residential address of nonresident landlord. (a) As used in this section, (1) “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, (2) “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, (3) “agent in charge” or “agent” means one who manages real estate, including, but not limited to, the collection of rents and supervision of property, (4) “controlling participant” means an individual that exercises day-to-day financial or operational control, and (5) “project-based housing provider” means a property owner who contracts with the United States Department of Housing and Urban Development to provide housing to tenants under the federal Housing Choice Voucher Program, 42 USC 1437f(o).
(b) Any municipality may require the nonresident owner or project-based housing provider of occupied or vacant rental real property to report to the tax assessor, or other municipal office designated by the municipality, the current residential address of the nonresident owner or project-based housing provider of such property, if the nonresident owner or project-based housing provider is an individual, or the current residential address of the agent in charge of the building, if the nonresident owner or project-based housing provider is a corporation, partnership, trust or other legally recognized entity owning rental real property in the state. If the nonresident owners or project-based housing providers are a corporation, partnership, trust or other legally recognized entity owning rental real property in the state, such report shall also include identifying information and the current residential address of each controlling participant associated with the property. If such residential address changes, notice of the new residential address shall be provided by such nonresident owner, project-based housing provider 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, project-based housing provider 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, project-based housing provider 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, project-based housing provider 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, project-based housing provider 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.
(e) Any report provided to a tax assessor pursuant to subsection (b) of this section on or after October 1, 2023, shall be confidential and shall not be disclosed under chapter 14.
(P.A. 05-223, S. 1; P.A. 19-168, S. 1; P.A. 23-207, S. 16.)
History: P.A. 19-168 amended Subsec. (a) to add provisions defining “controlling participant” and “project-based housing provider”, amended Subsec. (b) to add references to project-based housing provider and add provision re information that may be required of project-based housing provider, amended Subsec. (c) to add references to project-based housing provider, and made technical changes; P.A. 23-207 amended Subsec. (a) to redefine “controlling participant” to eliminate entities from said definition, made conforming changes in Subsec. (b), and added Subsec. (c), codified by the Revisors as Subsec. (e), re reports provided to a tax assessor pursuant to Subsec. (b) are confidential.
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Sec. 47a-7c. Walk-through inspections prior to occupancy. (a) As used in this section, “walk-through” means a joint physical inspection of the dwelling unit by the landlord and the tenant, or their designees, for the purpose of noting and listing any observed conditions within the dwelling unit. On and after January 1, 2024, upon or after the entry into a rental agreement but prior to the tenant's occupancy of a dwelling unit, a landlord shall offer such tenant the opportunity to conduct a walk-through of the dwelling unit. If the tenant requests such a walk-through, the landlord and tenant, or their designees, shall use a copy of the preoccupancy walk-through checklist prepared by the Commissioner of Housing under subsection (c) of this section. The landlord and the tenant, or their designees, shall specifically note on the walk-through checklist any existing conditions, defects or damages to the dwelling unit present at the time of the walk-through. After the walk-through, the landlord and the tenant, or their designees, shall sign duplicate copies of the walk-through checklist and each shall receive a copy.
(b) Upon the tenant's vacating of the dwelling unit, the landlord may not retain any part of the security deposit collected under chapter 831 or seek payment from the tenant for any condition, defect or damage that was noted in the preoccupancy walk-through checklist. Such walk-through checklist shall be admissible, subject to the rules of evidence, but shall not be conclusive, as evidence of the condition of the dwelling unit at the beginning of a tenant's occupancy in any administrative or judicial proceeding.
(c) Not later than December 1, 2023, the Commissioner of Housing shall (1) prepare a standardized preoccupancy walk-through checklist for any landlord and tenant to use to document the condition of any dwelling unit during a preoccupancy walk-through under subsection (a) of this section, and (2) make such checklist available on the Department of Housing's Internet web site.
(d) The provisions of this section shall not apply to any tenancy under a rental agreement entered into prior to January 1, 2024.
(P.A. 23-207, S. 4.)
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Sec. 47a-15a. Nonpayment of rent by tenant: Landlord's remedy. Charges for late rent. (a) If rent is unpaid when due and the tenant fails to pay rent within nine days thereafter or, in the case of a one-week tenancy, within four days thereafter, the landlord may terminate the rental agreement in accordance with the provisions of sections 47a-23 to 47a-23b, inclusive. For purposes of this section, “grace period” means the nine-day or four-day time periods identified in this subsection, as applicable.
(b) If a rental agreement contains a valid written agreement to pay a late charge in accordance with subsection (a) of section 47a-4 a landlord may assess a tenant such a late charge on a rent payment made subsequent to the grace period in accordance with this section. Such late charge may not exceed the lesser of (1) five dollars per day, up to a maximum of fifty dollars, or (2) five per cent of the delinquent rent payment or, in the case of a rental agreement paid in whole or in part by a governmental or charitable entity, five per cent of the tenant's share of the delinquent rent payment. The landlord may not assess more than one late charge upon a delinquent rent payment, regardless of how long the rent remains unpaid.
(P.A. 79-571, S. 36; P.A. 89-254, S. 5; P.A. 23-207, S. 8.)
History: P.A. 89-254 provided for a four-day grace period in the case of a one-week tenancy; P.A. 23-207 designated existing provisions as Subsec. (a) and therein defined “grace period” and added Subsec. (b) establishing maximum charges for late rent payments.
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