Breaking a Lease in Connecticut

Find out when a tenant can legally break a lease in Connecticut when they can’t, what options they have if they don’t have a proper cause, and what the consequences are of walking out on a lease agreement. Learn how landlords can break a lease, when they can break one without cause, and how much notice they have to give.

Importance of Fixed Periods in Lease Agreements

Without a fixed period, a landlord generally has the same rights as the tenant to terminate tenancy (with proper notice). In the same way that a landlord lacks long-term security on a month-to-month (or shorter period) lease if a tenant decides to leave, tenants lack the same security if the landlord decides to change the terms (i.e. raise the rent) or end the lease altogether. 

That’s why fixed periods are an important protection for both parties. They’re not just there to act as a restriction to tenants. 

As a result, there are real legal consequences for violating the agreement without proper cause on either side. It’s important to understand when a tenant can get out a lease with a fixed period that hasn’t ended, and when a tenant can’t.

Lease Termination Notice Requirements in Connecticut

In Connecticut, the tenant is required to provide a 3-day written notice for all lease lengths including fixed end date, month-to-month, and week-to-week leases (§§ 47a-23).

Conditions for Legally Breaking a Lease in Connecticut

There are a handful of scenarios where a tenant can legally break a lease in Connecticut without penalty. We’ll go through each of them below.

1. Early Termination Clause


Some modern lease agreements may provide specific terms that would allow a tenant to terminate a lease early in exchange for a penalty fee. Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e. equal to 2 month’s rent) and the amount of notice required (i.e. 30 days).

If a lease agreement contains an early termination clause, before executing it and paying the penalty fee, read further to learn about other conditions that, if met, would not require a penalty fee to be paid.

2. Active Military Duty

The Servicemembers Civil Relief Act (SCRA) helps protect active service members who are relocated due to deployment or permanent change of station. The protection begins on the date of entering duty and ends between 30-90 days after the date of discharge.

To break a lease in accordance with the relief act, a tenant must:

  • Prove the lease was signed before entering active duty 
  • Prove they will remain on active duty for at least the next 90 days
  • Deliver a written notice to the landlord (example, page 2), accompanied by a copy of the orders to deploy / PCS or a letter from their commanding officer stating their pending deployment.

With that said, the lease does not terminate immediately. Once the notice is delivered, the earliest the lease can terminate is 30 days after the beginning of the next rent period. So for example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st (meaning, rent is still due for the month of April).

NOTE

In Connecticut, the term “servicemember” means a member of the armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.

3. Unit is Uninhabitable

Every state has specific health and safety codes that provide minimum standards for rental units, and Connecticut is no different. 

If those standards are not met, proper notice is given by the tenant and the repairs/fixes are still not made within the allowable time period, a tenant would be considered “constructively evicted”. As a result, the obligations of the tenant under the lease are no longer required, given that the landlord has not met their own responsibilities under the Connecticut landlord-tenant law. According to Connecticut state law §§ 47a-7(a), landlord duties to provide habitable premises include the following:

  • Compliance. Comply with the requirements of applicable building and housing codes affecting health and safety
  • Repairs. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, unless the unfit condition was intentionally caused by the tenant
  • Common Areas. Keep all common areas of the premises in a clean and safe condition
  • Maintenance. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied
  • Trash. Provide and maintain appropriate receptacles for the removal of trash and other waste related to occupancy, and arrange for the removal
  • Water and Heat. Provide running water and reasonable amounts of hot water at all times and reasonable heat

4. Landlord Harassment or Privacy Violation


If the action is serious enough, harassment by a landlord or their violation of a tenant’s privacy may be enough justification for relieving a tenant of their obligations of the lease.

  • Landlord entry.Connecticut state law states that your landlord should provide reasonable written or oral notice required, and entry allowed only at reasonable times (§§ 47a-16(c)). If your landlord repeatedly violates your rights to privacy or does removes windows or doors, turns off your utilities, or changes the locks, you would be considered “constructively evicted,” as described above.
  • Changing the locks. In Connecticut, the only legal way a landlord can remove a tenant is through a court eviction process, called “Summary Process.” A landlord cannot lockout their tenant.

5. Violation of Lease Agreement


If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and relieve the tenant from their own obligations (i.e. illegally raising the rent during the fixed period). Because each lease agreement is different, carefully read over the duties and requirements for both parties to understand if a violation has been made, and whether or not there is language describing how certain violations are to be handled. 

6. Illegal Contract


In some scenarios, a lease agreement may be deemed illegal in the state of Connecticut, and as a result, are generally not enforceable. 

  • Over 1-year lease without a description of the property. For a written lease agreement with a fixed period of greater than 1 year to be valid in Connecticut, it needs to have a clear description of the leased property.
  • Illegal units. The definition of what constitutes an illegal rental unit can vary by location and isn’t always entirely clear. On the state level, Connecticut does not appear to have clear information on what defines a legal rental unit. 

7. Domestic Violence

Many states protect tenants who are victims of domestic violence. If you are confronting a domestic violence situation (this can also be stalking), and want to move, check with local law enforcement regarding special state laws that may apply in domestic violence situations. Some statutes the state of Connecticut provides for victims of domestic violence include:

  • Early Termination Rights. If a tenant reasonably believes it is necessary to vacate the premises due to fear of imminent harm to the tenant or a dependent of the tenant because of family violence or sexual assault, the tenant may terminate the lease without penalty with written notice of at least 30 days.
  • Proof of Status. The notice required for early termination must include a statement affirming that the tenant or a dependent of the tenant is a victim of family violence or sexual assault, as well as either a copy of a police report or court record detailing an act of family violence or sexual assault (§§ 47a-11e).

8. Mandatory Disclosures in Connecticut

Many state and local laws require landlords to disclose documentation, policies, or specific unit information to tenants prior to moving in. Since these laws vary from state to state (and sometimes by city or county) it is important to have your agreement looked over by a landlord-tenant attorney in your state to guarantee the correct disclosures are included in your lease. 

Some disclosure laws impose heavy fines or legal ramifications to landlords if they are not followed. Others contain penalty provisions and may allow you to break your lease. If your landlord fails to provide you with a mandatory state or local disclosure speak with a Connecticut landlord-tenant attorney to determine what can be done.

Connecticut requires that landlords provide the following disclosures to tenants, normally in writing and at the start of the lease:

  • Tenant’s Right to Disclosure of Agent. The name and address of the landlord or property manager must be provided to the tenant in writing prior to the start of the lease. (§§ 47a-6)
  • Common Interest Community.  If the rental is located in a common interest community, the landlord must disclose it to the tenant in writing (Conn. Gen. Stat. Ann. § 47a-3e).
  • Summary of Landlord-Tenant Code. A summary of the code must be given to tenants at the beginning of the rental term. Failure to do so enables the tenant to plead ignorance of the law as a defense (Conn. Gen. Stat. Ann. § 47a-6).
NOTE

The only federally required landlord disclosure pertains to lead-based. Known as Title X, this disclosure is designed to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law requires the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of housing built before 1978.

9. You or a Co-Tenant Face a Health Crisis

If you, a dependent living with you, or your co-tenant, face a serious physical or mental health issue you may qualify for early lease termination without obligation to pay the entire balance of rent due. Some states offer permitted, health-related lease-breaking arrangements that are age-restricted. Most states require a note from a locally licensed physician and at least 30 days’ notice. Since not all states allow this statute, be sure to check the Connecticut Landlord and Tenant Handbook for further information. 

Note About Illegal Retaliation in Connecticut

 In July of 2019, House Bill 346
In July of 2019, House Bill 346 (which became § 44-7-24) went into effect providing tenants with protection against landlords that retaliate to actions such as giving the notice to make repairs or reporting to governmental entities about violations in building or housing codes. The bill does not state that these types of illegal retaliation are enough justification for lease termination, but the bill does allow for a sizable penalty against the landlord if they’re found in violation (1 month’s rent + legal fees + $500), which could help offset the costs of penalty fees associated with early termination. 

NOTE

In Connecticut, landlord retaliation is judged under sections §§ 47a-20 and §§ 47a-33.

Examples of Insufficient Justification for Lease Breaking

The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease.

  • They bought a house
  • They are relocating for a new job or school
  • They are upgrading or downgrading
  • They are moving in with a partner
  • They are moving to be closer to family

Breaking a lease for any of the above reasons or in any conditions not previously outlined can have tangible consequences for tenants.

Tenant’s Options if Legal Justification is Not Met


If the previously stated legal conditions are not met, there are still a few options that a tenant has that could allow for them to not be obligated to pay rent until the end of the fixed period.

Talk with the landlord

Some landlords may be understanding and willing to negotiate with a tenant. Every situation is different, and every landlord is different. A tenant’s best chance at getting a landlord to work with them is, to be honest about the reasons for leaving, to provide as much notice as possible, and to propose possible resolutions that could be mutually beneficial (i.e. by paying 2 month’s rent). 

Aid in finding a new tenant

If the tenant moves out before the end of the fixed period, they are still required to pay rent until the end of the period until a new tenant is found. During that remainder period, the landlord is required to make reasonable effort to find a new tenant (if they don’t, the previous tenant is not responsible for future rent). 

Therefore, the previous tenant may choose to be proactive and help to find a new tenant on their own, instead of waiting for the landlord to find one. The landlord does not have to accept the newly found tenant if they have reasonable justification (i.e. they have bad credit or rental history), but helping to find a new tenant can only help increase a tenant’s chances of being relieved of future rent.

NOTE

Connecticut law (Conn. Gen. Stat. Ann. § 47a-11a), states that your landlord must make reasonable efforts to re-rent your unit rather than charge you for the total remaining rent due under the lease. You need to pay only the amount of rent the landlord loses because you moved out early.

Sublet

If your lease does not prohibit subletting, then you are in the clear to do so. However, your lease might contain a clause requiring you to obtain your landlord’s approval prior to subletting. To get landlord approval you will want to send them a letter through certified mail, with a return receipt requested, outlining the terms of the sublet lease agreement. Certified mail is the only proof of delivery that most courts will accept in case you need to prove that you notified your landlord. 

Consequences of Illegal Lease Breaking


If a tenant breaks a lease without mutual agreement from the landlord or without the proper legal justification and does not pay the rent due for the remainder of the fixed period, the tenant faces the following consequences.

  • Loss of security deposit. Usually, at a minimum, a landlord may choose to withhold the security deposit. 
  • Lawsuit. A landlord may sue the tenant for unpaid rent during the fixed period, which if won, could result in the tenant facing a money judgment. That judgment, if not paid on the spot or if terms are not set for a long-term payment plan, could result in the garnishment of the tenant’s wages or bank account.
  • Impact on credit score. While a money judgment won’t show up on a tenant’s credit report (thanks to the National Consumer Assistance Plan), if the landlord chooses to go an alternative route to collecting on unpaid rent by using a debt collection agency, the tenant’s credit score could be severely impacted.
  • Difficulty in finding future housing. Whether or not a tenant provides the landlord’s name & contact information themselves when looking to buy or rent in the future, a background check will most likely provide the future landlord or mortgage lender with that information. That previous landlord could provide a very negative reference.

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