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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33757
Experience:  Attorney for over 15 years, landlord 26 years
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We live in CT and I want to know what my rights are as a

Customer Question

We live in CT and I want to know what my rights are as a tenant and my land lady has not given me any notice to enter my apt. can she enter? Last time we specifically told her not to enter without my neighbor being there when she entered (my neighbor was watching the house) and she did anyway. can she do that?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Putnam Connecticut
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: terms meaning what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would have to look when I get home.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did she reserve any access rights in the written lease ?

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Was this any type of emergency?

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What was the reason for the entry?

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thanks

Barrister

Customer: replied 1 month ago.
she did state something about access in the lease but it is home. No emergency. A walk through is the reason she stated but my neighbor received the email...I did not.She has entered once before even though we expressedly told her since we were not home that we did not want her to enter without my neighbor (who was caring for apt) being there. I am uncomfortable with someone being in my home without someone being there. We have been late with the rent a lot but have always paid it. And we have paid late fee everytime we were late with payment. Also, when we moved in there was no lease. When we rented the apt, her dad is the one who rented to us and knew about our cats. when we signed the lease earlier this year she demanded a pet deposit which we had no issue paying. we have been paying $50 a month for that as well and I think that is almost paid for. So there are lots of issues here
Expert:  barristerinky replied 1 month ago.

Ok, thank you for that information. This is governed by Conn. Gen. Stats. Secs. 47a-16, 47a-16a, 47a-18, 47a-18a. which state:

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Landlord must give “reasonable written or oral notice” of intent to enter. Landlord may only enter without tenant’s consent in case of emergency, abandonment, or extended absence by tenant. Tenant may not unreasonably withhold consent to enter. Landlord may only enter at “reasonable times.” Tenant must consent to entry for the following purposes: in order to inspect the premises; make necessary or agreed to repairs, alterations or improvements; supply necessary or agreed to services; and exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

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Further, the law says that if landlord harasses the tenant with requests to enter, or enters without permission, tenant may terminate the agreement, get an injunction, and recover actual damages of not less than one month’s rent plus attorney fees.

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So if she continues to enter without reasonable notice and your consent, then you can sue her in small claims court for at least one month's rent and attorney fees. If she has entered multiple times, I would add a month's rent on for each illegal entry and sue for that.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 1 month ago.
she did have our permission to enter in December but I texted her and told her not without my neighbor present. But she entered anyway. What can I do about it? She also entered upstairs when the neighbor requested she call her so she could be there but entered premises with her being there either. This time there is no email to me so legally she cannot enter premises with out permission, correct?
Expert:  barristerinky replied 1 month ago.

so she did have our permission to enter in December but I texted her and told her not without my neighbor present. But she entered anyway. What can I do about it?

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That is kind of a grey area, but I still think it is a violation because you gave conditional permission...not just general permission. And that condition was that the neighbor be present, which she violated.

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This time there is no email to me so legally she cannot enter premises with out permission, correct?

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Correct, she must have permission unless it is an emergency..

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thanks

Barrister

Customer: replied 1 month ago.
what about the late rental payments? Can she evict for that? She will be current in rent 10/19. We still owe $150 of Oct rent and $50 late fee and $50 pet deposit fee. It will be sent from my acct to hers Saturday and she will have by 10?19. She is aware as I just sent her an email. Also let her know the fridge she provided does not work. How long does she have to replace it? I am an insulin dependant diabetic and have nowhere to keep insulin
Customer: replied 1 month ago.
She always makes the time she is coming in the middle of the day and my husband and I both work. It is not convenient....can I tell her that?
Expert:  barristerinky replied 1 month ago.

We are getting a little away from the original question about unauthorized entry...but yes she can evict if you have failed to pay rent or fees when due. She would have to give you a written 9 day notice to pay or vacate and then go through a formal eviction in court if she wanted to get you to move out.

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So if she hasn't given you a 9 day notice yet, she won't be able to evict if you pay everything within the next 9 days.

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As for the fridge, that is an essential element, so I would opine 48 hours would be reasonable if it was completely broken. I would tell her you are diabetic and this is an emergency so you will have to rent a fridge and deduct it from the rent if she can't repair or replace the fridge immediately.

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She always makes the time she is coming in the middle of the day and my husband and I both work. It is not convenient....can I tell her that?

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Yes, but then she may not make repairs, so it is kind of a risk as she may have her own schedule to keep. I am a landlord as well for 26 years and I prefer to work on my properties when the tenant is not home simply because it lets me think clearly and I don't have other people talking to me, children playing, TVs or music on, etc.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

Customer: replied 1 month ago.
Thank you so much for your help...This is a great service.
Expert:  barristerinky replied 1 month ago.

You are very welcome. Happy to help any time.

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All the best to you and yours..

Barrister