Tenants in Connecticut have the legal right to repairs for issues that place the property in violation of state health and safety standards. To exercise this right, they must properly notify the landlord in writing and allow 15 days for the repairs to be made.
Connecticut Landlord Responsibilities for Repairs
Connecticut landlords are responsible for keeping all of the following in good working condition:
- Plumbing
- Electricity
- Heating
- Hot water
- Provided appliances
- Garbage containers and service
- Common areas
- Anything impacting health, safety, or habitability
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Connecticut?
Connecticut tenants are responsible for repairing any damage they cause to the property which affects health and safety.
The landlord and tenant can agree in writing that the tenant must maintain heating, water, and garbage (both containers and removal), and make specific repairs or improvements. For single-family homes and duplexes only, they can agree case by case for the tenant to handle repairs which don’t involve basic habitability.
Requesting Repairs in Connecticut
Connecticut tenants must start the repair request process by notifying the landlord in writing about the issue that needs fixing. After receiving written notice, the landlord has 15 days to fix the issue.
How Long Does a Landlord Have To Make Repairs in Connecticut?
Connecticut landlords have 15 days to make repairs after getting written notice about an issue.
Can the Landlord Refuse To Make Repairs in Connecticut?
Connecticut landlords cannot refuse to make repairs that are their responsibility. However, unlike many states, a landlord’s failure to repair does not excuse the renter failing to pay rent or otherwise breaching the rental agreement.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Connecticut?
Connecticut landlords only have to fund alternative accommodation (up to the monthly rental price) during repairs, if they have failed to supply heat, utilities, or other essential services to the property. Whatever the reason, however, a tenant who must temporarily move out doesn’t have to pay rent for that period.
Tenant’s Rights if Repairs Aren’t Made in Connecticut
Connecticut tenants can cancel the rental agreement if the landlord doesn’t make timely repairs, depending on the situation. They can also sue for damages, get an injunction to force repairs, or get a rent abatement to reduce or refund some of their rental payments.
If the failure to repair interrupts utility services, the tenant can sue the landlord for related expenses, or for an amount equal to two months’ rent (whichever is greater), for each violation. The tenant can also recover court costs and attorney fees.
Can the Tenant Withhold Rent in Connecticut?
Connecticut tenants can’t withhold rent unilaterally. They can start a court action to pay rent into a supervised escrow account if they think the landlord is violating his legal responsibilities. However, even if the landlord is violating the lease, the tenant still has a duty to make rent payments.
Can the Tenant Repair and Deduct in Connecticut?
Connecticut tenants are only allowed to arrange for repairs and deduct from the rent as absolutely necessary to restore heat, utilities, or other essential services that the landlord fails to provide.
Can the Tenant Break Their Lease in Connecticut?
Connecticut tenants can break leases 15 days after written notice, for failure to repair issues that weren’t the tenant’s responsibility, or other uncorrected breaches of the rental agreement. They can also end the lease when a landlord’s interference is substantial enough to create a constructive eviction.
When a habitability issue recurs within six months, tenants can move out and end the lease on 14-30 days’ notice without providing an opportunity for repairs. They can also move immediately when the premises are severely affected by casualty that wasn’t the tenant’s fault (e.g., a hurricane).
Can the Tenant Sue in Connecticut?
Connecticut tenants can sue when the landlord doesn’t make timely repairs. Tenants can sue to force repairs or recover monetary damages.
Can the Tenant Report the Landlord in Connecticut?
Connecticut tenants can report landlords to the local inspections or code enforcement department, for code violations that affect health or safety. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation in Connecticut
Connecticut landlords usually aren’t allowed to raise rent, reduce services, or evict when tenants in good faith, within the past six months, have taken one of the following actions:
- Tried to remedy health and safety violations
- Requested repairs from the landlord
- Sued the landlord for breach of rental duties
- Participated in a tenants’ union
The law allows a few exceptions. Landlords can raise rent, reduce services, or evict when they are covering substantial increases in operating cost, recovering a personal residence, or when the tenant is breaching the lease.
Sources
- 1 Conn. Gen. Stat. § 47a-12(a) (2021)
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“If there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 47a-7 which materially affects health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach. If the breach is not remedied within fifteen days after receipt of the notice, the rental agreement shall terminate on such date. If substantially the same act or omission which constituted a prior noncompliance of which notice was given, recurs within six months of the first act of noncompliance, the tenant may terminate the rental agreement upon at least fourteen days written notice specifying (1) the date the breach complained of occurred and (2) the date the tenant intends to terminate the rental agreement by vacating the premises, which date shall be within thirty days of such breach.”
Source Link - 2 Conn. Gen. Stat. § 47a-7(a) (2021)
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“A landlord shall: (1) Comply with the requirements of chapter 368o [general tenantability requirements: one water closet per two apartment rooms in a tenement, elevator access for tenements over four stories, etc.] and all applicable building and housing codes materially affecting health and safety of both the state or any political subdivision thereof; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except where the premises are intentionally rendered unfit or uninhabitable by the tenant, a member of his family or other person on the premises with his consent, in which case such duty shall be the responsibility of the tenant; (3) keep all common areas of the premises in a clean and safe condition; (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances and elevators, supplied or required to be supplied by him; (5) provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and (6) supply running water and reasonable amounts of hot water at all times and reasonable heat[.]”
Source Link - 3 Conn. Gen. Stat. § 47a-11 (2021)
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“A tenant shall: (a) Comply with all obligations primarily imposed upon tenants by applicable provisions of any building, housing or fire code materially affecting health and safety; (b) keep such part of the premises that he occupies and uses as clean and safe as the condition of the premises permit; …(f) not wilfully or negligently destroy, deface, damage, impair or remove any part of the premises or permit any other person to do so; (g) conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises or constitute a nuisance[.]”
Source Link - 4 Conn. Gen. Stat. § 47a-7(c) & (d) (2021)
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“(c) The landlord and tenant of a single-family residence may agree in writing that the tenant perform the landlord’s duties specified in subdivisions (5) and (6) [garbage, water, heat] of subsection (a) and also specified repairs, maintenance tasks, alterations, or remodeling, provided the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.
“(d) The landlord and tenant of a dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling if (1) the agreement of the parties is entered into in good faith; (2) the agreement is in writing; (3) the work is not necessary to cure noncompliance with subdivisions (1) and (2) of subsection (a) of this section [basic habitability requirements]; and (4) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.”
Source Link - 5 Fellows v. Martin, 217 Conn. 57, 68 (Conn. 1991)
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“She apparently believed that she had the right to withhold rent if her landlord breached the lease… her belief was erroneous.”
Source Link - 6 Conn. Gen. Stat. § 47a-14h(a) (2021)
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“No tenant may institute an action under this section if a valid notice to quit possession or occupancy based upon nonpayment of rent has been served on such tenant prior to the institution of an action under this section or if a valid notice to quit possession or occupancy based on any other ground has been served on such tenant prior to such tenant making the complaint to the agency referred to in subsection (b) of this section, provided any such notice to quit is still effective.”
Source Link - 7 Conn. Gen. Stat. § 47a-20a(a)(1) (2021)
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“Notwithstanding the provisions of section 47a-20, the landlord may maintain an action to recover possession of the dwelling unit if: … The tenant is using the dwelling unit for an illegal purpose or for a purpose which is in violation of the rental agreement or for nonpayment of rent.”
Source Link - 8 Conn. Gen. Stat. § 19a-362 (2021)
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“(a) If any building constructed as, or altered into, a tenement house is occupied in whole or in part for human habitation in violation of the provisions of the state building code, effective at the time of such construction or alteration, during such unlawful occupation no rent shall be recoverable by the owner or lessee of such premises for such period and no action or special proceedings shall be maintained therefor.
“(b) The provisions of this section shall not apply to buildings owned by a housing authority organized under the provisions of chapter 128, which have been constructed or altered pursuant to contracts with the federal government or the state providing for annual contributions or other financial assistance.”
Source Link - 9 Conn. Gen. Stat. § 47a-13(a) & (b) (2021)
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“[I]f the landlord fails to supply [heat, running water, hot water, electricity, gas or other essential service] …and the failure is not caused by conditions beyond the landlord’s control, the tenant may give notice to the landlord specifying the breach and may elect to… (2) procure reasonable substitute housing during the period of the landlord’s noncompliance if the landlord fails to supply such service within forty-eight hours of such breach, except if the breach is the failure to provide the same service and such breach recurs within six months, the tenant may secure substitute housing immediately; … [in either case] rent otherwise owed to the landlord shall abate for the period of the landlord’s noncompliance. In addition, the tenant may recover the actual costs of such substitute housing, but in no event shall the tenant recover more than an amount equal to the amount of rent abated under this subsection.”
Source Link - 10 Conn. Gen. Stat. § 47a-14h(e) (2021)
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“The complainant may seek and the court may order interim or final relief including, but not limited to, the following: (1) An order compelling the landlord to comply with the landlord’s duties under local, state or federal law; (2) an order appointing a receiver to collect rent or to correct conditions in the property which violate local, state or federal law; (3) an order staying other proceedings concerning the same property; (4) an award of money damages, which may include a retroactive abatement of rent paid pursuant to subsection (h) of this section; and (5) such other relief in law or equity as the court may deem proper.”
Source Link - 11 Conn. Gen. Stat. § 47a-13(a)(3) (2021)
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“[I]f the failure to supply such service is wilful, the tenant may terminate the rental agreement and recover an amount not more than two months’ periodic rent or double the actual damages sustained by him, whichever is greater. If the rental agreement is terminated, the landlord shall return all security and prepaid rent and interest required pursuant to section 47a-22, recoverable under section 47a-21.”
Source Link - 12 Conn. Gen. Stat. § 47a-13(a) (2021)
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“If the landlord is required to supply heat, running water, hot water, electricity, gas or other essential service, and if the landlord fails to supply such essential service and the failure is not caused by conditions beyond the landlord’s control, the tenant may give notice to the landlord specifying the breach and may elect to … procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord’s noncompliance and deduct the actual and reasonable cost of such service from the rent.”
Source Link - 13 Baretta v. T T Structural, Inc., 42 Conn. App. 522, 526 (Conn. App. Ct. 1996)
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“In addition to proving that the premises are untenantable, a party pleading constructive eviction must prove that (1) the problem was caused by the landlord, (2) the tenant vacated the premises because of the problem, and (3) the tenant did not vacate until after giving the landlord reasonable time to correct the problem.”
Source Link - 14 Conn. Gen. Stat. § 47a-14(a)(1) (2021)
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“If the dwelling unit or premises are damaged or destroyed by fire or other casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant, unless such damage or destruction is caused by the tenant’s negligence or wilful act, shall not be liable to pay rent for such period of time as such impairment continues. In such case, the tenant may … immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement shall terminate as of the date of vacating.”
Source Link - 15 Conn. Gen. Stat. § 47a-20 (2021)
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“A landlord shall not maintain an action or proceeding against a tenant to recover possession of a dwelling unit, demand an increase in rent from the tenant, or decrease the services to which the tenant has been entitled within six months after: (1) The tenant has in good faith attempted to remedy… any condition constituting a violation of any provisions of chapter 368o, or of chapter 412, or of any other state statute or regulation, or of the housing and health ordinances… (2) any municipal agency or official has filed a notice, complaint or order regarding such a violation; (3) the tenant has in good faith requested the landlord to make repairs; (4) the tenant has in good faith instituted an action under subsections (a) to (i), inclusive, of section 47a-14h; or (5) the tenant has organized or become a member of a tenants’ union.”
Source Link - 16 Conn. Gen. Stat. § 47a-20a (2021)
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“…The landlord may maintain an action to recover possession of the dwelling unit if: [tenant is using premises for an unlawful purpose; landlord has a good-faith desire to recover the premises as his own personal residence; the tenant’s wilful actions caused the issue; or there’s a valid termination of a periodic tenancy]. …a landlord may increase the rent of a tenant if: [the tenant’s negligence caused the issue, or the landlord is proportionately passing on substantially increased costs not associated with the complaint that began at least four months before the complaint].”
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