Connecticut Habitability Laws

Last Updated: June 23, 2022 by Elizabeth Souza

In Connecticut, a landlord’s obligation for providing a habitable living space is primarily governed by Conn. Gen. Stat. §47a-7. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.

Applicable Dwelling Types in Connecticut

The implied warranty of habitability in Connecticut does not apply to all types of dwellings. See the table below for which are and aren’t included.

Tenement/boarding homes have their own set of applicable rules regarding habitability and are not dealt with in this article.

Landlord Responsibilities in Connecticut

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Connecticut, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

In Connecticut, landlords are responsible for ensuring that any common areas of rented or leased multifamily properties are clean and safe.

Sprinklers

In addition to the above requirements, the landlord must provide notice in the rental agreement stating whether a sprinkler system exists, and if so, when it was last serviced and inspected.

Bed Bugs

Landlords are prohibited from renting a unit known to have bed bugs. If bedbugs are discovered in a rental unit after it has been rented out, the landlord has five business days from receiving notice of the bedbug infestation to treat the unit.

If a landlord does not treat the unit within five days of receiving notice, the tenant is entitled to $250 or actual damages, whichever is greater, plus any attorney fees.
For all other pests, vermin, and rodents, landlords are required to keep multi-family units free from infestations.

Tenant’s Right to Repairs in Connecticut

If tenants request repairs, they must put their request in writing to the landlord.

• Sending notice – The landlord has fifteen days to make any necessary repairs after receiving written notice from the tenant. If the material noncompliance is not remedied and is affecting the health and safety of the tenant, the tenant may terminate the rental agreement.
• Landlord access – Tenants are required to give the landlord access to the property to make necessary repairs. However, the landlord must give tenants “reasonable” notice unless:
  • The tenant no longer occupies the property.
  • It’s an emergency.
  • There’s a court order granting access.
  • The tenant is gone for a planned absence, such as a vacation.

Tenant’s Options if Repairs Aren’t Made in Connecticut

If repairs aren’t made in a timely manner, the tenant has a few possible options for resolving the issue.

1. Withhold Rent – In Connecticut, tenants may withhold rent until repairs are made
2. Repair and Deduct – If it is a single-family dwelling, the landlord and tenant may agree in writing that the tenant perform some of the landlord’s duties which may include repairs, maintenance, remodeling, or alterations. If it is a dwelling unit other than a single-family residence, the landlord and tenant may agree in writing to perform the duties above but the work cannot cure a noncompliance violation.
3. Substitute Housing – Tenant is entitled to a substitute housing 48 hours after the landlord’s noncompliance. If the same breach occurs within six months, the tenant may seek substitute housing immediately.
4. Lawsuit – Tenants can exercise their legal right to take action to get the landlord to fulfill their responsibilities.
5. Reporting to Public Officials – tenants can make a report to the housing code enforcement agency if the landlord fails to make repairs and maintain the property in safe and working order.

Landlord Retaliation in Connecticut

It is illegal for a landlord to retaliate in response to a tenant exercising their legal rights such as:

• Availing of self-help strategies allowed by state or local law, including deducting money from the rent to fix defects in the property.
• Withholding rent entirely should the landlord fail to make repairs.
• Joining or organizing a tenant union.
• Complaining to a building inspector, health inspector, or other governmental agency regarding unsafe or unhealthy living conditions.

The following actions are considered landlord retaliation if done within six months of the tenant exercising their legal rights in response to habitability issues:

• Increasing rent.
• Recovering property from the unit.
• Decreasing services.
• Refusing to renew a lease.

Sources

• • General Statutes of Connecticut, Title 47a, Landlord and Tenant, Chapter 830.
  • Overview of Landlord-Tenant Laws in Connecticut
  • Rights and Responsibilities of Landlords and Tenants in Connecticut
  • Connecticut Landlord and Tenant Duties