Having represented landlords for nearly 30 years I have seen a lot of changes. The one thing that has not changed is that needing to remove a tenant can be one of the most stressful experiences you can go through. The process looks relatively easy, and common sense would tell you that you should win your case quickly. However, there are a lot of issues that could and often times do derail your case. If you need to start an eviction you should consult an attorney to avoid these issues. This article is not intended as legal advice all peoples facts are unique and you should consult an attorney before proceeding.
Starting a case-
In Connecticut there are 6 reasons you can start a case;
- Non-payment of rent- This is the most common reason and is exactly as it sounds. Your tenant did not pay you rent by the due date and you want them to leave;
- Lapse of time- This is a case where a written lease has expired and you want the tenant to move;
- Serious nuisance-This is when a tenant does something that threatens the health and safety of others;
- Once had right or privilege but such right has terminated-This would be when you had a cousin who was going to stay in your house for a couple of weeks and now he won’t leave;
- Never had right to live in the unit-This could be a case where some one is using your unit with out any permission. Literally a squatter. It happens a lot more often than you would think. Sometimes the person who rented your space had moved months ago but moved their boyfriend in the apartment.
- Violation of the lease-Written leases have obligations and restrictions in them such as (taking out the garbage, not playing music too loud, not having a dog)
Each of these reasons seem simple on their face but there are time lines that must be met, and multiple factors that could change the timeline you use. Some of the 6 reasons have defenses that could prevent an eviction.
4 Factors that a seasoned lawyer will take into account
This is not an exhaustive list but some factors that a seasoned lawyer will take into account when handling your case:
- Is the tenant receiving section 8? If so the timelines for a notice to quit are changed and notice must be given to the subsidy provider;
- Is the mortgage which underlies the property a federally subsidized mortgage? Is so the timeframe in the notice to quit will change;
- Is the tenant over 62 or disabled? Does the property where the tenant lives have 5 or more units? If so you may not be able to use lapse of time as the only reason to start an eviction.
- Did the tenant file a code complaint with the city. If a tenant files a housing code complaint, and shortly after that you file an eviction case, the court will often deem your eviction as retaliatory.
Conclusion- As you can see there is a lot to keep in mind when doing an eviction. Starting you own eviction and having it kicked out of court is a waste of time and money and will often result in giving a tenant an added defense to any new eviction action. I can help.
