What Is A Rental Lease Agreement?
A rental lease agreement is a legal document used in Connecticut to outline the terms and conditions of a rental living arrangement between a landlord and a tenant. It is important to note that a landlord does not have to provide a tenant with a written rental lease agreement under Connecticut law unless there is an agreement in place for the landlord to do so. A rental lease agreement could be for a week, month, a year or longer. While there are both written and oral rental lease agreements available in the state, it is advisable for a landlord to have a written rental lease agreement in place with the tenant at the start of the lease period.
The rental lease agreement legally establishes the timeframe that a tenant is responsible for paying rent in addition to all of the terms of occupancy . This document also protects both the tenant and the landlord and is overseen by the Connecticut Department of Consumer Protection. It informs tenants of the security deposit laws in the state.
Since a rental lease agreement is legally binding, it must be signed by both the landlord and the tenant. Once signed, it cannot be modified or terminated unless both the landlord and tenant agree to the new terms in writing. A landlord who fails to provide a written rental lease agreement if one is requested by the tenant may be forced to pay damages and legal fees if the tenant takes legal action. The tenant could also use the lack of an agreement to defend himself or herself during a court eviction proceeding.
Key Components of a CT Rental Lease
There are a number of common elements found in rental leases. The first, and perhaps most important, is rent. Without rent, there is no lease agreement. When including this in a rental lease agreement, it is important to be clear on how rent is paid, if it can be paid electronically and what happens if it is late. A second common element found in rental lease agreements are rental duration. Rental lease agreements can be strict month-to-month agreements or a lease for a specified period of time such as one year. With a month-to-month rental lease agreement, either party is free to discontinue the agreement on short notice. A third common feature of most rental lease agreements is that it clearly defines the parties and their responsibilities. In so doing, it decisively states the obligations of the landlord as well as the obligations of the tenant. With regards to maintenance issues, it typically states who is responsible for general maintenance and who is responsible for any needed repairs.
Legal Requirements for a CT Rental Lease
It is an often overlooked fact that rental lease agreements are governed and affected by many state laws in Connecticut that have been enacted over many years. Rental lease agreements are not to be thought of as simply agreements that landlords and tenants enter into in order to govern themselves. Under Connecticut General Statutes Section 47a-3, written leases are the norm and it is important that they comply with a wide range of legal requirements set forth in Connecticut statutes known as the Landlord/Tenant Laws.
Most commonly, lease agreements will contain security deposit provisions. Connecticut General Statutes Section 47a-21 governs when a security deposit can be collected, in what amount, when it has to be kept in an interest bearing account, when it can be used and how it must be returned upon termination of the lease. For example, it is illegal for the landlord to collect more than two months rent as security if the tenant has a non-owned pet or if the tenant is renting a furnished unit. Connecticut General Statutes Section 47a-20e sets forth the additional disclosures regarding security deposits that must be included in a rental lease agreement. Failure to comply with the law can result in the landlord having to return the entire security deposit to the tenant, even if there are other amounts due the landlord from the tenant such as for back rent, damage to the property or other default.
Standard Terms and Provisions
Rental lease agreements in Connecticut contain a myriad of terms and conditions, all of which are usually negotiated between the landlord and tenant prior to entering into the lease. The terms are critical because they ultimately dictate everyone’s rights and obligations (as well as any options to void the lease) going forward. Most rental lease agreements contain the following common terms and conditions:
Security Deposits
Security deposits are meant to ensure that landlords have at least some level of protection when it comes to any potential damage to the apartment or other unit which cannot be resolved through the operation of law. Most landlords will request a security deposit at the time that you sign a rental lease agreement. In Connecticut, there are limits on how much a landlord can request as a security deposit. If your landlord requests more than two months’ rent for a security deposit, the landlord must put the funds in an interest-bearing bank account. At the end of the lease term, if you properly performed under the lease, you are usually entitled to the entire amount of security deposit plus interest. However, as a tenant, you remain liable for any damage to the apartment after subtracting the cost of any wear and tear from the total.
Late Fees
Most rental lease agreements will outline the specific late fees a landlord may charge you if you do not pay your rent on time. When can you be charged these late fees? Usually, you can be charged late fees when your rent is paid more than five days after the first of the month, but this window can vary depending on the lease.
Lease Termination Clauses
In Connecticut, landlords have the option of placing lease termination clauses in their leases. Most rental lease agreements will be structured to give the landlord additional protection after providing advanced notice. These notices usually range from 30 to 90 days. However, Connecticut law is favorable towards tenants. A good rule of thumb is, if you have fulfilled all of your obligations under the lease – including payment of rent and payment of any damages – you may have options to void the lease.
Tenant & Landlord Responsibilities
The tenant and landlord have reciprocal obligations that are meant to preserve the mutual rights and responsibilities. They serve to ensure that the property complies with code regulations and guidelines. Connecticut’s state statutes clarify the procedures to be followed by both the tenant and the landlord. Both parties have obligations to repair any harmful conditions that affect the quality of life in the residence. It is the responsibility of the landlord to maintain a functional unit.
What are the rights of a Tenant?
The tenant has the right to:
• be provided with the unit free from substantial defects or deficiencies.
• be secure in a safe living environment.
• habitable premises, proper sanitation, usable hot water, heat, a kitchen area with plumbing and electric, electric wiring, adequate trash removal, and a fire exit.
• the right to receive the services described above.
• withhold rent until repairs are made .
• deduct the cost of repairs from the rent.
• sue the landlord for the damages and for repair costs.
• correct the condition under certain circumstances.
• break the lease.
• and other rights.
What are the rights of a Landlord?
A landlord has a right to:
• be notified of a claim before any deduction is made.
• receive the rent payment on time.
• damages, or the cost of repairs.
• terminate the lease, subject to Connecticut law and lease terms.
• sue a tenant who refuses to vacate the premises.
• and other rights.
Both the tenants and landlords have a responsibility to:
• abide by all the obligations in the rental agreement.
• observe and conform to the State health codes.
• not obstruct utility services from being properly contracted.
• pay reasonable charges for utilities.
• allow access to the property and make repairs if necessary.
• and other responsibilities.
Creating CT Rental Lease Agreements
The actual drafting of a twelve month rental lease agreement in Connecticut is usually completed using standard forms. The most commonly adopted standard forms in Connecticut are the American Landlord Association (ALA) and the Connecticut Apartment Association (CAA) forms as well as forms adapted by local towns. These rental lease agreements are often supplemented with custom language to suit the individual landlord and tenant’s circumstances. However, before any drafting is commenced, one should keep in mind that rental lease agreements can be oral or written. Rental lease agreements of one year or longer must be in writing to be enforceable in Connecticut. Shorter rental lease agreements can be either oral or written. Once you begin drafting a rental lease agreement, specific provisions are required to make the rental lease agreement enforceable. For example, in order to bind the lessor and the lessee, the rental lease agreement must identify the parties to the rental lease agreement, the premises and the term of the rental lease. Other important provisions include the provisions which contain the rent due date, the length of the rental lease agreement, any renewal provisions, security deposits and maintenance provisions as well as any other individual provisions as discussed below. Because of the nature of residential rental lease agreements in Connecticut, additional terms are often included in the rental lease agreement itself rather than added by way of a separate Addendum. Of course once the rental lease agreement has been prepared, it will be signed and a copy retained by the landlord and the tenant. Once the contract is signed and/or accepted by payment of money or other consideration by the tenant, the rental lease agreement becomes an enforceable contract.
Common Traps To Avoid And Solutions
One of the most common pitfalls for landlords (and to a lesser extent tenants) is a lack of clarity or specificity in the lease agreement itself. The best way to avoid ambiguity is to make complete disclosures and agreements at the outset before anyone signs a lease agreement. For instance, if the proper amount to be paid in rent is $2,200.00 per month but the parties agree to temporarily defer $1,500.00 per month, then the lease should clearly state the agreed temporary amount as well as the amount to be paid at the end of the agreement. When a problem arises or a dispute occurs, the lease is often the first place the parties look to for an answer. If the terms of the lease do not clearly set forth all the agreements, then the dispute may become less one of interpretation and application of the lease itself and more one of litigation over what the parties intended. Avoiding misunderstandings and the need for litigation to answer an obvious dispute over the terms of a lease is extremely important in this day and age.
Unlike the federal government, the state of Connecticut does not impose a maximum amount that can be charged as a security deposit to a landlord. However, in order to avoid potential liability, it is best to require a small sum as a security deposit and to return the same sum upon termination of the lease. It is also important to clearly set forth in the lease agreement that the security deposit is held by the landlord. Amendments to the law do require that it is placed into an interest-bearing account, so long as such interest is greater than 10% per year. Moreover, the law requires that the landlord send the tenant a notice (which may be included in the lease itself) of specific information regarding the security deposit. This includes the name and address of the bank where the "dividend" or interest will be deposited and the accounting for such funds including, but not limited to, any and all deductions for which the landlord may retain the same.
Resources and Legal Aid
In addition to state resources, landlords and tenants may also find assistance and information through various nonprofit organizations and legal aid societies. The Connecticut Fair Housing Center provides free support to individuals who experience discrimination in housing based on a "protected class" such as race, color, religion, national origin, sex, familial status, or disability. The Center’s mission includes promoting and enforcing fair housing laws in the state. More information is available at: fairhousingct.org.
Connecticut Legal Services , Inc. is another organization, which provides legal assistance to low-income clients in Connecticut in consumer issues such as denial of housing, landlord/tenant advice, fair housing education, social security and government benefits advocacy, advocacy in debt collection matters, and eviction prevention. The organization can be reached at 1-800-453-3320.
Finally, the Connecticut Judicial Branch also offers self-help resources to Connecticut residents, including online resources regarding landlord/tenant disputes.
