15 day notice for lease violation in CT
How does one legally give the 15 day notice to cure for a lease violation in CT? The violation is that the legal tenants brought in a tenant who is not on the lease, without obtaining our permission. Is there a specific form? Do we have to have it served by a marshall? Or can we just give them a letter telling them to get that person out?
Ask an attorney. They can draw up a legal document and tell you the best way to serve it.
There is not a form. It is called a Kappa notice. You need to serve it with a marshal and then serve notice to quit if not resolved. I would not do this eviction as a self-represented individual. Hire a lawyer. You also need to weigh the costs/benefits of even going through a non-monetary eviction. The judges do not like them and you will not get much judicial leniency in the residential context (maybe more in commercial).
Oh, boy. I stupidly broke our rule of not renting to ANYONE who came with an agency's assistance. NEVER, NEVER AGAIN, I swear. We're getting paid nicely, but they have created many nuisance violations, overheat the place to 80 degrees by using space heaters, even though there is perfectly adequate and working gas baseboard hot water heat, thus blowing circuits in a 120 yr old multi building, and calling us in the middle of the night to come reset a breaker because they don't have power in part of the unit, for having overloaded the circuit with space heaters. I tried to explain to them that the space heaters are unsafe, and that there is excellent, and cheaper to use, gas heat. I bet that they are on one of those programs where they only have to pay a certain amount for electricity all year round, and so they prefer to heat with electricity because it's "all you can eat", rather than with gas, but I don't know. It's certainly not that the gas heat doesn't get the place warm enough - it most definitely does.
But the crowning joy was that when we went in for another purpose, we found that they had not 5 but 7 children living with them, AND THEY HAD BROUGHT IN GRANDMA, (who is most definitely NOT on the lease) too. She's handicapped, uses a walker, is on oxygen, and would have a great deal of difficulty getting out of the building WHEN they set the building on fire with their space heaters. So, what we thought would be 7 human beings in a 4 bedroom (a couple and their 5 children) has now turned into ten human beings stuffed into a 4 bedroom unit, with seven children in two bedrooms.
I can just see this when we get to court - we'll be considered monsters, trying to kick out an old lady with a walker and oxygen. But she's not on the lease, I seem to remember that they asked at the time of renting whether she could come with them at some distant point in the future, and I specifically said, no way, no how, never, and they still brought her in. She really belongs in a nursing home, with fire safety and an evacuation plan if there were to be a fire. I don't think that I can do anything about the two extra children - they're probably children from a previous relationship that they'll claim only visit every other weekend, even though it sure seems that they live there all the time. But the extra adult there is most definitely a violation of the lease, plus it's not safe for her. They have an infant, a couple of toddlers, nursery school age, and young school age. They're using electric heat in an old building with old wiring, overloading circuits, when there is perfectly good gas heat, thus greatly increasing the risk of a fire. How in the world are they going to get all those children out, plus immobile Grandma, WHEN they cause a fire?
Do you think the judge will rule against us? It's a clear lease violation, and honestly, I'm thinking of safety, not the extra wear and tear and water usage.
Do you think if I were to ask the fire marshal to come in and speak with them about the fire danger of using the electric space heaters it would help? The unit just passed inspection. There are no fire violations there, we are sure.
Do you think that the judge would agree with me that Grandma would be safer in a modern nursing home, than on a second floor (alone - the rest of the family sleeps on the third floor) of a multifamily unit, unable to get down the stairs on her own?
I'm hoping that the Kappa letter will be enough to scare them into getting her into a nursing home, or move her to live with another relative.
@Karen F. The number of children under 18 doesn't impact an eviction as they will be bound as a party to the execution or ejectment.
If there are tenants receiving a subsidy I would notify the voucher disburser of the violation. If you get a good case worker sometimes they can leverage compliance with threatening rescinding the voucher. The downside of this is the obvious scenario of losing the subsidized portion of the rent and still having the non-monetary default issue. Further, you need to investigate if the Kappa notice needs to be served on the voucher subsidy party, too. Superior court decisions are not consistent on the issue.
I don't know how many units you have but at some point you need to consider professional management or you are GOING to burn out given the current circumstances.
Wow Karen,
Your last post here includes so many violations that can land you in hot water legally. I recommend highly that you delete your post or severely modify it. To answer your original post, Send a letter that similar to:
https://www.ezlandlordforms.com/documents/unauthorized-occupant-violation-notice-33/
Yes, monster sounds about right. I live in New Britain and can tell you that the base board heaters in those old @%$ buildings suck. Maybe not so much the heater but the draft the creeps in makes them worthless.
You have all the right to be concened about the violations, but I think you're out of line and being extremely judgemental assuming what programs they may or may not be on. And suggesting someone put there parent in a nursing home is not your place remember some cultures just don't believe in that.
It seems as if you may be going about address them the wrong way. If you are coming at these people the way you write your post good luck getting them to comply.
I would talk to a lawyer to see best options here. Document everything they are doing wrong because if they’re paying their rent, getting them out will be harder.
Sounds like they just started their lease so holding out a year isn’t really an option.
Their caseworker is the first person I spoke with. I'm not talking straight Sec 8. I'm talking an assistance program when DCF is involved, to try to keep the kids with the parents. Straight Sec 8 has been a mixed bag - just like self-paying tenants. But in our experience, every single family that has come with the assistance of an agency has been an unmitigated disaster. It almost immediately becomes obvious why the family needs the assistance of a caseworker to be housed.
So the caseworker first spoke with the family, and they apparently said they would stop using the space heaters, but would not get rid of the extra tenant (Grandma) . BTW, the gas heat system had the place at over 78 degrees on a really cold day, so it's not that there is ANYTHING wrong with the heat. But we went ahead and put in over a grand of additional insulation in the attic, because of their complaint. The windows are good. The place is as well insulated and as draft-free as is reasonably possible in a hundred year old building. They just like to be in t shirts and shorts, and have the kids in just a diaper, in the wintertime. I suspect that they are on an unlimited use electricity subsidy program, and for that reason, they prefer to heat with electricity. I took a look at the lease, and it specifically prohibits the use of any heating or lighting source other than the gas heating system provided, and the electricity for lighting - no kerosene lamps, no alternate heating system.
So I sent the KAPA letter (as advised by our excellent real estate attorney). At that point, the tenant, who had ignored previous communication, responded that Grandma is just "visiting" (NOT what she told her caseworker), and that she DOES have a bed in a specific nursing home, that they were just "trying it out", to see if they could manage keeping her with them, and that if they could, THEN they were going to ask if they could have her move in with them, and that meanwhile, one of the bedrooms in the house would be dedicated to her exclusive use when she visits, which means that they are packing 7 children into two bedrooms, with the fourth bedroom set up with a walker, oxygen, all Grandma's needs for when she "visits" but there's not much I can do about them stuffing 7 kids into 2 bedrooms, while keeping a guest bedroom. Lease says that a guest may only stay 14 days in a year, but tenant is claiming that the law allows 14 days every six months - I cannot find anything confirming that, so I'm telling her she's got to file what is in the lease.
They're not happy about it, but at least now I think that they realize that they cannot have Grandma lose her nursing home bed. It scares the crap out of me to think of what could happen if they were to cause a fire by using electric space heaters. The way the unit is set up, Grandma, who uses a walker and is on oxygen, is on the second floor (when she "visits"), and they and their 7 children who are very young, we're talking 5 of them are under the age of 5, are on the third floor. There is no way they would be able to get everyone out if they were to cause a fire. Not to mention the fact that they're endangering the other residents of the building with the use of the electric space heaters, overloading the circuits.
They have committed other horrible violations, but that we're getting under control, despite their lack of cooperation.
But now I at least have it documented that they cannot move Grandma in, and that they may not use space heaters. Hopefully, they will accept what they had been told before I agreed to rent to them, and that has now been formalized in the KAPA letter, not to mention in their lease - that they could not add another person to the tenancy. I just want them to comply with the terms of their lease, and not endanger themselves and the other residents of the building.
Originally posted by @Karen F.:Their caseworker is the first person I spoke with. I'm not talking straight Sec 8. I'm talking an assistance program when DCF is involved, to try to keep the kids with the parents. Straight Sec 8 has been a mixed bag - just like self-paying tenants. But in our experience, every single family that has come with the assistance of an agency has been an unmitigated disaster. It almost immediately becomes obvious why the family needs the assistance of a caseworker to be housed.
So the caseworker first spoke with the family, and they apparently said they would stop using the space heaters, but would not get rid of the extra tenant (Grandma) . BTW, the gas heat system had the place at over 78 degrees on a really cold day, so it's not that there is ANYTHING wrong with the heat. But we went ahead and put in over a grand of additional insulation in the attic, because of their complaint. The windows are good. The place is as well insulated and as draft-free as is reasonably possible in a hundred year old building. They just like to be in t shirts and shorts, and have the kids in just a diaper, in the wintertime. I suspect that they are on an unlimited use electricity subsidy program, and for that reason, they prefer to heat with electricity. I took a look at the lease, and it specifically prohibits the use of any heating or lighting source other than the gas heating system provided, and the electricity for lighting - no kerosene lamps, no alternate heating system.
So I sent the KAPA letter (as advised by our excellent real estate attorney). At that point, the tenant, who had ignored previous communication, responded that Grandma is just "visiting" (NOT what she told her caseworker), and that she DOES have a bed in a specific nursing home, that they were just "trying it out", to see if they could manage keeping her with them, and that if they could, THEN they were going to ask if they could have her move in with them, and that meanwhile, one of the bedrooms in the house would be dedicated to her exclusive use when she visits, which means that they are packing 7 children into two bedrooms, with the fourth bedroom set up with a walker, oxygen, all Grandma's needs for when she "visits" but there's not much I can do about them stuffing 7 kids into 2 bedrooms, while keeping a guest bedroom. Lease says that a guest may only stay 14 days in a year, but tenant is claiming that the law allows 14 days every six months - I cannot find anything confirming that, so I'm telling her she's got to file what is in the lease.
They're not happy about it, but at least now I think that they realize that they cannot have Grandma lose her nursing home bed. It scares the crap out of me to think of what could happen if they were to cause a fire by using electric space heaters. The way the unit is set up, Grandma, who uses a walker and is on oxygen, is on the second floor (when she "visits"), and they and their 7 children who are very young, we're talking 5 of them are under the age of 5, are on the third floor. There is no way they would be able to get everyone out if they were to cause a fire. Not to mention the fact that they're endangering the other residents of the building with the use of the electric space heaters, overloading the circuits.
They have committed other horrible violations, but that we're getting under control, despite their lack of cooperation.
But now I at least have it documented that they cannot move Grandma in, and that they may not use space heaters. Hopefully, they will accept what they had been told before I agreed to rent to them, and that has now been formalized in the KAPA letter, not to mention in their lease - that they could not add another person to the tenancy. I just want them to comply with the terms of their lease, and not endanger themselves and the other residents of the building.
Context is everything. I totally understand now and see how they just continue to pile up one violation on top of the other. You could definitely have a bigger problem in the future with them if they continue how they are.
As far as the 14 day every six months, that appears to be a MA rule. CT is based on what was negotiated on the lease agreement. However CT favors the tenant over landlord so they will not be so nice to you if there rent is up to date they may enforce the guest leave or find that certain circumstances make the guest a permanent resident. It one big grey area. You may be better off just waiting them out and not renewing there lease.