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Law Pro
Law Pro, Attorney
Category: Legal
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Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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I have a tenant whose lease is up tonight at midnight. I went

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I have a tenant whose lease is up tonight at midnight. I went on Memorial Day Weekend to give 30 days notice that I was not renewing his lease because they can't pay. Funny that they were vacationing in Rhode Island for the weekend at the time. So I mailed the letter to them certified mail and told them that they could have until July 5th to vacate so that they would have 30 days notice. Attempt to deliver was made on June 3rd and of course they did not answer the door. A card was left letting them know that they had a letter waiting for them at the post office. Of course they waited 3 weeks to go get it so they could say they didn't have 30 days notice. Three weeks ago they let the oil run out and that made the furnace get blocked up so I had to spend almost $400 to fix it. They let it run out again less than a week ago so the plumber called me to tell me that they had called him to come back. I called the tenant and told him that I was not paying for the repair due to the fact that his willful neglect was causing damage to my property and costing me a lot of money. He claimed to be calling the health inspector since I was not providing hot water and going to court to file paperwork against me. Since I am not evicting them in mid lease, I am simply not renewing lease, I thought it would be a lot easier. They also bought a puppy when we have a signed lease amendment saying that they can not have any pets. Any advice, where should I go from here? Thank you.
Rookie Landlord
Submitted: 7 years ago.
Category: Legal
Expert:  Law Pro replied 7 years ago.
What state is this going on in?
Customer: replied 7 years ago.
Expert:  Law Pro replied 7 years ago.
Here's the procedure to evict the tenant:

To evict a renter in Connecticut, a landlord must follow a legal procedure called summary process. This eviction procedure requires the tenant receive adequate notice of the reason for their potential eviction. If the tenant does not leave or correct the condition, a formal complaint can be filed in state court to obtain an order to execute eviction.Download and complete Notice to Quit. Form JD-HM-7, Notice to Quit Possession, can be downloaded from the Connecticut Judicial Branch website linked in the Resources section of this article. When completing the form, clearly identify the names of the tenants and state reason for the eviction. The amount of advance notice that must be provided depends on the terms of the tenancy agreement.

Serve notice. Keep the original Notice to Quit, but provide one copy for each tenant to the state marshal for service on the tenants. A fee of $35 to $45 applies.Download and complete Summons and Complaint. If your tenants do not evacuate by the notice deadline, download and complete the summons and complaint form, JD-HM-32. Make one original and one copy for each tenant/defendantGet clerk's signature. Take the completed summons and complaint, along with the original Notice to Quit, to the clerk of the county court for signature. The clerk will also enter the deadline for response to the summons.Serve process again. The summons and complaint must be served on the defendants. The state marshal can again provide this service. The process server must file an affidavit of service confirming the defendant has received the documents.

Now you can evict a tenant for intentionally damaging the premises and/or for breach of the lease by having pets.

Regardless you need to give them immediate notice to vacate. You can give them a 5 day notice to vacate under either the intentional damage or breach of the lease by having pets.

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Customer: replied 7 years ago.

Would it be quicker and\or easier to evict for any one of the three reasons, nonpayment, damage, or pet? Do you use the Notice to Quit and summary process regardless of the reason I choose. Also, when a lease is about to be up, can't you just give them 30 days notice of nonrenewal and then have them removed by the police if they don't leave and if so, do you have to give that 30 day notice by a state marshall. I didn't think this was the same as evicting mid lease. Thank you.

Expert:  Law Pro replied 7 years ago.
1) Pet - clear breach of lease.

2) Intentional damages

3) Non payment of rent - that's the slowest process and potentially gives them the right to "cure" the eviction.

It all depends upon what the lease states about renewal and notices that have to be given - if your lease is silent - then 30 days is more than adequate and you can move for eviction and possession immediately.

You need an order for possession from the court before the police will get involved no matter what - unless they are criminal trespassers - you need a court order granting you possession. Sorry.
Customer: replied 7 years ago.
Thank you again. I will definitely call on you again in the future.
Expert:  Law Pro replied 7 years ago.
Thank you. Please ask for Law Pro - that's me!!