Quick Facts | Answer |
Acceptable Deductions | Unpaid rent
Costs of damage |
Return Deadline | 15 or 21 Days |
Itemized Deductions | Required |
Penalty for Late Return | 2x Security deposit + court costs |
For laws on security deposit collections and holdings in Connecticut, click here.
Security Deposit Deductions in Connecticut
In Connecticut, the following can be deducted from security deposits:
- Unpaid rent, utilities, and late fees
- Costs of damage excluding normal wear and tear
Most states, such as Connecticut, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Connecticut?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Damage” means any careless, reckless, or intentional damage that occurs because of the tenant or someone on the property with their permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Connecticut?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Connecticut?
Landlords in Connecticut can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage and thus, chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Connecticut?
Landlords in Connecticut can charge a cleaning fee if the tenant causes damage that requires cleaning, such as wine stains on the carpet.
Can the Landlord Charge for Painting in Connecticut?
In Connecticut, landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Can a Security Deposit Be Used for Last Month’s Rent in Connecticut?
Connecticut law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Returns in Connecticut
Landlords must return a security deposit with interest within 15 days after receiving a forwarding address from the tenant or within 21 days after the lease term ends, whichever is later.
If the landlord intends to make deductions, they must include an itemized statement of deductions.
How Long Do Landlords Have to Return Security Deposits in Connecticut?
Connecticut landlords have 15 or 21 days to return any remaining portion of a security deposit with interest, whichever is later:
- 15 days after receiving the tenant’s forwarding address
- 21 days after the lease term ends
Do Landlords Owe Interest on Security Deposits in Connecticut?
Landlords in Connecticut do owe interest on security deposits, except for dorms and mobile homes. The minimum interest rate is 0.55% for 2024. However, tenants are not entitled to interest for any month in which they paid rent more than 10 days late unless the landlord charges a late rent fee.
How Do Landlords Give Notice?
If deductions are to be made from the security deposit, an itemized statement of deductions must be delivered to the tenant’s forwarding address. The statement must include the purpose and amount of each deduction.
Security Deposit Disputes in Connecticut
If landlords do not return the security deposit or provide a written statement of deductions, if any, within the required time period, tenants can file for damages in court up to twice the amount of the deposit plus court costs.
Tenants also can take legal action against a landlord for:
- Failure to properly hold the security deposit in an escrow account
- Failure to provide interest
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Connecticut?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in the small claims division of Superior Court if the amount disputed is less than $5,000. If the judge awards the tenant with double damages, the amount of the judgment may exceed $5,000.
A small claims case regarding the return of a security deposit must be filed within 3 or 6 years depending on whether the lease agreement was oral or written.
Cases are filed in Superior Court in the county where the property is located. An attorney is not required but permitted. The filing fee is $95.
Sources
- 1 Conn. Gen. Stat. § 47a-21(d)(2)
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Upon termination of a tenancy, any tenant may notify the landlord in writing of such tenant’s forwarding address. Not later than twenty-one days after termination of a tenancy or fifteen days after receiving written notification of such tenant’s forwarding address, whichever is later, each landlord other than a rent receiver shall deliver to the tenant or former tenant at such forwarding address either (A) the full amount of the security deposit paid by such tenant plus accrued interest, or (B) the balance of such security deposit and accrued interest after deduction for any damages suffered by such landlord by reason of such tenant’s failure to comply with such tenant’s obligations, together with a written statement itemizing the nature and amount of such damages. Any landlord who violates any provision of this subsection shall be liable for twice the amount of any security deposit paid by such tenant, except that, if the only violation is the failure to deliver the accrued interest, such landlord shall be liable for ten dollars or twice the amount of the accrued interest, whichever is greater.
Source Link - 2 Conn. Gen. Stat. § 47a-21(g)
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Action to reclaim security deposit. Any person may bring an action in replevin or for money damages in any court of competent jurisdiction to reclaim any part of such person’s security deposit which may be due. This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled.
Source Link
- 3 Conn. Gen. Stat. § 47a-21(i)
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On and after July 1, 1993, each landlord other than a landlord of a residential unit in any building owned or controlled by any educational institution and used by such institution for the purpose of housing students of such institution and their families, and each landlord or owner of a mobile manufactured home or of a mobile manufactured home space or lot or park, as such terms are defined in subdivisions (1), (2) and (3) of section 21-64, shall pay interest on each security deposit received by such landlord at a rate of not less than the average rate paid, as of December 30, 1992, on savings deposits by insured commercial banks as published in the Federal Reserve Board Bulletin rounded to the nearest one-tenth of one percentage point, except in no event shall the rate be less than one and one-half per cent. On and after January 1, 1994, the rate for each calendar year shall be not less than the deposit index, determined under this section as it was in effect during such year. On and after January 1, 2012, the rate for each calendar year shall be not less than the deposit index, as defined in section 36a-26, for that year. On the anniversary date of the tenancy and annually thereafter, such interest shall be paid to the tenant or resident or credited toward the next rental payment due from the tenant or resident, as the landlord or owner shall determine. If the tenancy is terminated before the anniversary date of such tenancy, or if the landlord or owner returns all or part of a security deposit prior to termination of the tenancy, the landlord or owner shall pay the accrued interest to the tenant or resident not later than twenty-one days after such termination or return. Interest shall not be paid to a tenant for any month in which the tenant has been delinquent for more than ten days in the payment of any monthly rent, unless the landlord imposes a late charge for such delinquency. No landlord shall increase the rent due from a tenant because of the requirement that the landlord pay on interest the security deposit.
Source Link - 4 Conn. Gen. Stat. § 52-243
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If a verdict is found on any issue joined in an action in favor of the plaintiff, costs shall be allowed to him, though on some other issue the defendant should be entitled to judgment, unless the court which tried the issue is of the opinion that the defendant had probable cause to plead the matter found against him.
Source Link
- 5 Conn. Gen. Stat. § 51-15
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The procedure for the hearing and determination of small claims as the same may be prescribed, from time to time, by the judges of the Superior Court shall be used in all small claims sessions of the court. The small claims procedure shall only be applicable to (1) all actions claiming money damages not in excess of five thousand dollars, except such procedure shall not be applicable to actions of libel and slander, and (2) actions claiming loss or damages not in excess of fifteen thousand dollars sustained by reason of (A) performance of, or offer to perform, home improvement, as defined in section 20-419, by a contractor holding a certificate under chapter 400, or (B) a contract for new home construction with a new home construction contractor holding a certificate under chapter 399a. If an action is brought in the small claims session by a tenant pursuant to subsection (g) of section 47a-21 to reclaim any part of a security deposit which may be due, the judicial authority hearing the action may award to the tenant the damages authorized by subsection (d) of said section and, if authorized by the rental agreement or any provision of the general statutes, costs, notwithstanding that the amount of such damages and costs, in the aggregate, exceeds the jurisdictional monetary limit established by subdivision (1) of this subsection. If a motion is filed to transfer a small claims matter to the regular docket in the court, the moving party shall pay the fee prescribed by section 52-259. The Attorney General or an assistant attorney general, or the head of any state agency or his or her authorized representative, while acting in his or her official capacity shall not be required to pay any small claims court fee. There shall be no charge for copies of service on defendants in small claims matters.
Source Link