(a) If rent is unpaid when due and the tenant fails to pay rent within nine days thereafter or, in the case of a one-week tenancy, within four days thereafter, the landlord may terminate the rental agreement in accordance with the provisions of sections
47a-23 to
47a-23b, inclusive. For purposes of this section, “grace period” means the nine-day or four-day time periods identified in this subsection, as applicable.
(b) If a rental agreement contains a valid written agreement to pay a late charge in accordance with subsection (a) of section 47a-4 a landlord may assess a tenant such a late charge on a rent payment made subsequent to the grace period in accordance with this section. Such late charge may not exceed the lesser of (1) five dollars per day, up to a maximum of fifty dollars, or (2) five per cent of the delinquent rent payment or, in the case of a rental agreement paid in whole or in part by a governmental or charitable entity, five per cent of the tenant's share of the delinquent rent payment. The landlord may not assess more than one late charge upon a delinquent rent payment, regardless of how long the rent remains unpaid.
(P.A. 79-571, S. 36; P.A. 89-254, S. 5; P.A. 23-207, S. 8.)
History: P.A. 89-254 provided for a four-day grace period in the case of a one-week tenancy; P.A. 23-207 designated existing provisions as Subsec. (a) and therein defined “grace period” and added Subsec. (b) establishing maximum charges for late rent payments.
Section provides tenants with a 9 day grace period in which to pay overdue rent, thus suggesting that 5 days is within the amount of time that society would consider reasonable for a defendant to believe that he has an expectation of privacy in his home notwithstanding the failure to pay the next month's rent. 332 C. 271.
Cited. 7 CA 301; 16 CA 574; 31 CA 575; 32 CA 133. Reinstatement of a lease triggers new nine day grace period within which tenant must pay rent in order to avoid a summary process action and landlord may serve new notice to quit on ground of nonpayment of rent only if tenant fails to pay rent on day of previous action's withdrawal or within nine days thereafter. 182 CA 725.
Cited. 38 CS 1; Id., 683; 39 CS 367; 40 CS 4; 42 CS 77.
Notes of Decisions
State v. Jacques, 210 A.3d 533 (Conn. 2019).
· cites it 7× “See General Statutes § 47a-11b (a) (providing that abandonment of premises by occupant means occupant has left premises without notice to landlord as evidenced by removal of all personal belongings from premises and either nonpayment of more than two months of rent or express…”
Lyons v. Citron, 191 A.3d 239 (Conn. App. Ct. 2018).
· cites it 13× “1 On appeal, the defendants claim that the court erroneously rendered judgment for the plaintiff on the ground of nonpayment of rent when the plaintiff prematurely served the defendants with the underlying notice to quit on the day she withdrew her first summary process action,…”
Sullivan v. Lazzari, 43 A.3d 750 (Conn. App. Ct. 2012).
· cites it 4× “In January, 2010, the defendants filed a motion to dismiss with prejudice in which they argued that the court lacked subject matter jurisdiction because the notice to quit was defective in that it (1) did not specify the exact room of the premises that the defendants claim the…”
Waterbury Twin, LLC v. Renal Treatment Centers-Ne., Inc., 974 A.2d 626 (Conn. 2009).
· cites it 2× “such property, whether in writing or by parol, terminates for any of the following reasons: (A) By lapse of time; (B) by reason of any expressed stipulation therein; (C) violation of the rental agreement or lease or of any rules or regulations adopted in accordance with section…”
Tehrani v. Century Med. Ctr., P.C., 508 A.2d 814 (Conn. App. Ct. 1986).
· cites it 2× “General Statutes § 47a-15a provides: “If rent is unpaid when due and the tenant fails to pay rent within nine days thereafter, the landlord may terminate the rental agreement in accordance with the provisions of sections 47a-23 to 47a-23b, inclusive [for summary process].”
Lampasona v. Jacobs, 553 A.2d 175 (Conn. 1989).
“to quit possession of premises, form, service, (a) When a rental agreement or lease of any land or building or of any apartment in any building, or of any dwelling unit, or of any trailer, or any land upon which a trailer is used or stands, whether in writing or by parol,…”
Jefferson Garden Assocs. v. Greene, 520 A.2d 173 (Conn. 1987).
“SERVICE, (a) When a rental agreement or lease of any land or building or of any apartment in any building, or of any dwelling unit, or of any trailer, or any land upon which a trailer is used or stands, whether in writing or by parol, terminates by lapse of time, or by reason of…”
Thomas E. Golden Realty Co. v. Soc'y for Sav., 626 A.2d 788 (Conn. App. Ct. 1993).
· cites it 2× “The statute provides that the reasons supporting a notice to quit include (1) the lapse of time pursuant to the lease, (2) the failure to comply with any expressed stipulation in the lease, (3) a violation of the rental agreement or lease, (4) the nonpayment of rent for…”
Goldberg v. Rodriguez, 478 A.2d 628 (Conn. Super. Ct. 1982).
· cites it 4× “The grace period of nine days for payment, as provided in General Statutes § 47a-15a, has been interpreted as nullifying any notice to quit which is served before the tenth day of the month.”
Romanczak v. AvalonBay Communities, Inc., 998 A.2d 272 (Conn. App. Ct. 2010).
· cites it 5× “5 The court found that the “ ‘grace period’ ” for the payment of rent comports with General Statutes § 47a-15a. 6 The lease also addressed the issue of default.”
Fed. Home Loan Mortg. Corp. v. Van Sickle, 726 A.2d 600 (Conn. App. Ct. 1999).
“such property, whether in writing or by parol, terminates for any of the following reasons: (A) By lapse of time; (B) by reason of any expressed stipulation therein; (C) violation of the rental agreement or lease or of any rules or regulations adopted in accordance with section…”
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