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  1. #1

    Default Remedies for Damages a Tenant Causes to a Rental Property

    My question involves landlord-tenant law in the State of: Connecticut

    We are hoping that you guys may have some advice for us here in a situation.

    We had a tenant in a 1st floor apartment in a multi-family. (investment - we do not live there)

    Until this month, he had been the absolute perfect tenant. Happy, friendly, always paid on the first or even before. Never an issue.
    Then February came, and it all stopped. He got an ok to close on a nice, expensive house, and totally changed.
    He didn't pay rent, and started sending text messages to my wife of how he didn't give a f**k about his rent, he's so rich it's nothing to him.
    We tried to meet up with him multiple times, and he would always cancel at the last minute saying things like he was at the casino, hotels with strippers, bars, and other stuff.

    He was set to move at the end of February anyway, so we figured we were probably gonna get shafted.
    He finally decided to have a conversation with us about it, and told us we were thieves, trying to take his rent and keep his security. (one month's rent) And that if he paid rent we would just keep his money and never send it. We assured him, that per CT law, he would have a check within 30 days of completed moveout, less any damages, if any.

    He said he broke a window, and if there were other damages, he'd pay cash. He said he would pay rent only if we agreed to have a check for the security to him 15 days after moveout, and sign and notarize a form stating such or be subject to a $20 per day penalty.
    We obviously did not do it.

    Finally, he told us to do the final walkthrough without him. We were shocked at what we found.

    The broken window.
    A door way with damaged (chewed) wood 3 feet up on both sides.
    All of the blinds, which we furnished, were broken.
    Broken threshold.
    He had let the boiler run dry circulating for days if not longer, no oil, and the pipes had frozen. We had to fill the tank at our own expense and unfreeze the pipes.
    He had decided to paint the apartment interior with an exterior spray gun, and there was overspray all over the hardwood floors, throughout the apartment. (which I just had sanded and refinished prior to his move in)
    Somehow there was a deep burn 18 inches wide on his bedroom floor, so deep the wood has to be cut and patched to fix.

    This was Friday.

    He was moving out Saturday, so we made moves to serve him with small claims prior to him moving.
    Before this could be done, I get a call from another tenant that someone was breaking in downstairs. I rush there, and obviously called police, to find the front door had been completely bashed in, frame splintered. And 3 females inside. They all claimed to be his "personal assistants" and said they were authorized to be in there.

    The police called him, because he was not present, and he claimed he did it himself because he had no keys, we locked him out and he had to get his stuff. He also tried to press charges on us, saying that we turned his heat off and were trying to freeze him out.

    Obviously, when the situation was explained, the police understood the issue. However they refuse to press any charges for the break-in. They say he claimed he did it himself, and that a tenant has a right to enter the property any way he sees fit. If there's damage, sue him.

    However, there are witnesses, one of which who works with the PD (I am getting a written statement from him tomorrow) that state that he was NOT present. That he was on a cell phone on speaker, telling the girls he didn't care how they got in, just break in.
    He does have keys, he texted us afterwards it happened because he was too busy to come let them in.

    We had him served last night, and already have to amend the claim with the further damages. I just can't understand how he could authorize someone to break in like that.

    All the damages he either claims he was justified, or tried to throw it back at us.

    He sent us numerous text messages last night, calling us greedy, saying we were trying to pull one over on him, how he improved the apartment by painting and we should be grateful,not trying to steal his money.

    I just don't understand how he could do all this and no charges can be filed.

    The inside damage, I can understand. I've been down that road before previously, and won. But can he really just tell someone go to his unit and break their way in, and be in the right?

    Someone explain this to me.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Tenant Damaged Property - Remedies

    Quote Quoting zx7ninja
    View Post
    But can he really just tell someone go to his unit and break their way in, and be in the right?

    Someone explain this to me.
    There's nothing to explain. He's full of crap.

    Apply his deposit to your unpaid rent and damages, send him a bill for the additional amount of the rent damages if you haven't done so already.

    Proceed with your lawsuit and try not to let his crap get to you.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Remedies for Damages a Tenant Causes to a Rental Property

    Could you please clarify the lock-out? If he had not finished moving his belongings out of the unit or surrendered his keys, why did you decide that he had surrendered the unit and that you could change the locks with his property still inside?

  4. #4

    Default Re: Remedies for Damages a Tenant Causes to a Rental Property

    Quote Quoting Mr. Knowitall
    View Post
    Could you please clarify the lock-out? If he had not finished moving his belongings out of the unit or surrendered his keys, why did you decide that he had surrendered the unit and that you could change the locks with his property still inside?
    There was no lockout. The locks were not changed. He was not locked out. That was the story he tried to tell the police. Doesn't make it true. It was his excuse as to why it was broken into.
    We do not change locks, we did not lock him out. Ever. He has the keys. Always did.
    As I said, he texted us afterwards stating he had the keys, but was too busy to come to the unit and let his assistants in.
    In fact, his stuff is still there, the door is still broken, and he is asking us to rent a uhaul, load it ourselves, and deliver his belongings to his new house for him and promises to pay us when we get there. Otherwise he won't move it and he'll make us get a court order for possession of the apartment.

    Can he really do this?

  5. #5
    Join Date
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    Default Re: Remedies for Damages a Tenant Causes to a Rental Property

    Has he formally surrendered the premises, or not? If he has not, you can continue to assess rent, should provide notice to quit and, if necessary, should commence eviction proceedings. If he has abandoned the premises, and you can prove (in court, if necessary) an express statement from him that he will not be returning, you should deal with his property under the governing statute:
    Quote Quoting Connecticut Statutes, Sec. 47a-11b. Abandonment of unit by occupants. Landlord’s remedies.
    (a) For the purposes of this section, “abandonment” means the occupants have vacated the premises without notice to the landlord and do not intend to return, which intention may be evidenced by the removal by the occupants or their agent of substantially all of their possessions and personal effects from the premises and either

    (1) nonpayment of rent for more than two months or

    (2) an express statement by the occupants that they do not intend to occupy the premises after a specified date. '

    (b) If all the occupants abandon the dwelling unit, the landlord may send notice to each occupant at his last-known address both by regular mail, postage prepaid, and by certified mail, return receipt requested, stating that

    (1) he has reason to believe that the occupant has abandoned the dwelling unit,

    (2) he intends to reenter and take possession of the dwelling unit unless the occupant contacts him within ten days of receipt of the notice,

    (3) if the occupant does not contact him, he intends to remove any possessions and personal effects remaining in the premises and to rerent the premises, and

    (4) if the occupant does not reclaim such possessions and personal effects within thirty days after the notice, they will be disposed of as permitted by this section.

    The notice shall be in clear and simple language and shall include a telephone number and a mailing address at which the landlord can be contacted. If the notices are returned as undeliverable, or the occupant fails to contact the landlord within ten days of the receipt of the notice, the landlord may reenter and take possession of the dwelling unit, at which time any rental agreement or lease still in effect shall be deemed to be terminated.

    (c) The landlord shall not be required to serve a notice to quit as provided in section 47a-23 and bring a summary process action as provided in section 47a-23a to obtain possession or occupancy of a dwelling unit which has been abandoned. Nothing in this section shall relieve a landlord from complying with the provisions of sections 47a-1 to 47a-20a, inclusive, and sections 47a-23 to 47a-42, inclusive, if the landlord knows, or reasonably should know, that the occupant has not abandoned the dwelling unit.

    (d) The landlord shall inventory any possessions and personal effects of the occupant in the premises and shall remove and keep them for not less than thirty days. The occupant may reclaim such possessions and personal effects from the landlord within said thirty-day period. If the occupant does not reclaim such possessions and personal effects by the end of said thirty-day period, the landlord may dispose of them as he deems appropriate.

    (e) No action shall be brought under section 47a-43 against a landlord who takes action in compliance with the provisions of this section.

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