Suing former tenants of foreclosures for use and occupancy
Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 408 votes
Suing former tenants of foreclosures for use and occupancy
Most Popular Reply
Attorney · Salt Lake City, UT · Member since 2025 · 144 posts · 180 votes
1yYour strategy of suing former tenants in Connecticut small claims court for use and occupancy after foreclosure is both savvy and legally sound. It leverages a provision in Connecticut law that allows property owners to recover fair rental value for the time someone remains in possession of a property after their right to occupy it has ended. Even though you're having success with this approach, it's not a widely used tactic among other landlords or investors in the state, and there are several reasons why.
First, many property owners and investors simply aren’t aware that they have the right to file for use and occupancy in small claims court. They often assume that once a foreclosure is complete, their only recourse is to evict the holdover occupant. The idea of seeking monetary damages for the time the individual remained in the property post-foreclosure isn’t commonly taught or publicized, even though Connecticut law provide for such claims. This lack of awareness keeps many from pursuing what is actually a legitimate and potentially lucrative legal remedy.
Second, some landlords may believe that pursuing former occupants in court isn't worth the time or effort, particularly if they think the person won’t pay or can’t be located. The perception is that even if they win a judgment, collecting on it will be difficult. However, as you’ve seen, if the process is approached efficiently—using proper documentation, serving notices correctly, and presenting a clear case—it can result in consistent recoveries. Still, many investors are deterred by the assumption that it's too much work for too little return.
Another factor is the misconception that owners have no standing to sue for occupancy costs after a foreclosure unless there was a formal lease in place. In reality, Connecticut courts do allow claims based on implied agreements or equitable grounds for use and occupancy, especially when someone remains in the property without paying rent. This is a legal nuance that experienced investors understand, but many others do not.
There’s also fear of crossing the line into illegal territory, especially given Connecticut’s strong tenant protections. Some landlords may avoid filing claims out of concern that their actions might be seen as harassment or a violation of housing law. However, by structuring the case as a use and occupancy claim rather than seeking unpaid rent, you're staying within legal bounds while still holding former occupants accountable.
Lastly, real estate education and coaching—especially the mainstream content circulated through seminars, books, and online platforms—rarely cover this type of strategy. As a result, most investors never learn that use and occupancy lawsuits are an option, let alone a strategy that can be systematized for ongoing enforcement and recovery.
Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.
6 Replies
- Attorney · Salt Lake City, UT · Member since 2025 · 144 posts · 180 votes1y
Your strategy of suing former tenants in Connecticut small claims court for use and occupancy after foreclosure is both savvy and legally sound. It leverages a provision in Connecticut law that allows property owners to recover fair rental value for the time someone remains in possession of a property after their right to occupy it has ended. Even though you're having success with this approach, it's not a widely used tactic among other landlords or investors in the state, and there are several reasons why.
First, many property owners and investors simply aren’t aware that they have the right to file for use and occupancy in small claims court. They often assume that once a foreclosure is complete, their only recourse is to evict the holdover occupant. The idea of seeking monetary damages for the time the individual remained in the property post-foreclosure isn’t commonly taught or publicized, even though Connecticut law provide for such claims. This lack of awareness keeps many from pursuing what is actually a legitimate and potentially lucrative legal remedy.
Second, some landlords may believe that pursuing former occupants in court isn't worth the time or effort, particularly if they think the person won’t pay or can’t be located. The perception is that even if they win a judgment, collecting on it will be difficult. However, as you’ve seen, if the process is approached efficiently—using proper documentation, serving notices correctly, and presenting a clear case—it can result in consistent recoveries. Still, many investors are deterred by the assumption that it's too much work for too little return.
Another factor is the misconception that owners have no standing to sue for occupancy costs after a foreclosure unless there was a formal lease in place. In reality, Connecticut courts do allow claims based on implied agreements or equitable grounds for use and occupancy, especially when someone remains in the property without paying rent. This is a legal nuance that experienced investors understand, but many others do not.
There’s also fear of crossing the line into illegal territory, especially given Connecticut’s strong tenant protections. Some landlords may avoid filing claims out of concern that their actions might be seen as harassment or a violation of housing law. However, by structuring the case as a use and occupancy claim rather than seeking unpaid rent, you're staying within legal bounds while still holding former occupants accountable.
Lastly, real estate education and coaching—especially the mainstream content circulated through seminars, books, and online platforms—rarely cover this type of strategy. As a result, most investors never learn that use and occupancy lawsuits are an option, let alone a strategy that can be systematized for ongoing enforcement and recovery.
Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication. - Investor · Fairfield CT · Member since 2016 · 4 posts · 0 votes1y
Hey James, do you do this yourself or get an attorney or collection company to do it?
- Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 408 votes1y
@Rory S. I do it myself. Small claims costs $95
- Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes1y
Quote from @James McGovern:
Part of my strategy has been to sue former tenants in small claims court against Connecticut law for use and occupancy. I have gotten judgment from the last three foreclosure deals
i am curious why I am not seeing others in my state do the same?
suing someone is one thing - collecting is another - how much did oyu spend to sue and how much have you collected to date and how long did it take you to collect?
7e investments53 Reviews- Flipper/Rehabber · Bloomfield CT · Member since 2020 · 1k+ posts · 408 votes1y
@Chris Seveney collecting is not that hard. It does require having forensic skills to locate tenants assets. The marshal will be taking possession of their vehicles and placing for sale
in another scenario the tenant said under oath that the place had habitability issues. I discovered they were also in family court and shared the court record with their comments to the family court judge that they kept their children in an inhabitable dwelling. Payment is being fedex to me today
- Real Estate Agent · Connecticut & Rhode Island · Member since 2020 · 43 posts · 23 votes1y
Hi James - how long have you been employing this strategy? And was it trial by fire? Or did you educate yourself first?
Join the conversationCreate a free account to reply, vote on answers and follow this thread.