(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed to repairs, alterations or improvements, supply necessary or agreed to services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.
(b) A landlord may enter the dwelling unit without consent of the tenant in case of emergency.
(c) A landlord shall not abuse the right of entry or use such right of entry to harass the tenant. The landlord shall give the tenant reasonable written or oral notice of his intent to enter and may enter only at reasonable times, except in case of emergency.
(d) A landlord may not enter the dwelling unit without the consent of the tenant except (1) in case of emergency, (2) as permitted by section 47a-16a, (3) pursuant to a court order, or (4) if the tenant has abandoned or surrendered the premises.
(P.A. 76-95, S. 11, 27; 76-435, S. 75, 82; P.A. 79-571, S. 22; P.A. 89-254, S. 6.)
History: P.A. 76-435 revised effective date section of P.A. 76-95; P.A. 79-571 substituted reference to Sec. 47a-16a for reference to Sec. 47a-17; P.A. 89-254 amended Subsec. (d) to replace “A landlord has not other right of entry” with “A landlord may not enter the dwelling unit without the consent of the tenant” and to add Subdiv. (1) re the exception “in case of emergency”, renumbering the remaining Subdivs. accordingly.
Cited. 32 CA 133; 45 CA 46.
Cited. 38 CS 683.
Subsec. (d):
There was no violation of Subsec. where defendant acted in reasonable reliance on representations of plaintiff, conveyed through a third party, that plaintiff had abandoned or surrendered the premises; Subsec. permits consideration of reasonableness of landlord's conduct. 133 CA 321.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1989–2022 · leading case:
Reader v. Cassarino, 721 A.2d 911 (Conn. App. Ct. 1998).
Reader v. Cassarino, 721 A.2d 911 (Conn. App. Ct. 1998).
· cites it 7× “This we decline to do. II The plaintiff next claims that the trial court improperly awarded nominal damages under General Statutes § 47a-43, failed to award damages under CUTPA and failed to award damages under General Statutes § 47a-16 et seq.”
Rowe v. Goulet, 875 A.2d 564 (Conn. App. Ct. 2005).
· cites it 4× “” General Statutes § 47a-16 (d) provides: “A landlord may not enter the dwelling unit without the consent of the tenant except (1) in case of emergency, (2) as permitted by section 47a-16a, (3) pursuant to a court order, or (4) if the tenant has abandoned or surrendered the…”
Resurreccion v. Normandy Heights, LLC, 820 A.2d 1116 (Conn. App. Ct. 2003).
· cites it 7× “By a complaint dated March 7, 2000, the plaintiff commenced suit against the defendant in four counts: unauthorized entry and harassment in violation of General Statutes § 47a-16 (c) and (d); 1 loss of valuable items; breach of the covenant of quiet enjoyment; and a viola *646…”
Rodriguez v. Ancona, 868 A.2d 807 (Conn. App. Ct. 2005).
· cites it 6× “We begin our analysis by reviewing the text of § 47a-18a, which specifies in relevant part that a tenant may recover from a landlord who makes an illegal entry in violation of General Statutes § 47a-16, 6 “actual damages not less than an amount equal to one month’s rent and…”
Sullivan v. Stein, 487 F. Supp. 2d 52 (D. Conn. 2007).
· cites it 4× “at 12; (5) the Sullivans’ family members “did not violate the provisions of’ Connecticut General Statutes § 47a-16, id. at 13; and (6) the Sullivans “had ample opportunity to remove the bulldozer and their personal property from the property, but admitted they had no intention…”
Tarka v. Filipovic, 694 A.2d 824 (Conn. App. Ct. 1997).
· cites it 2× “The plaintiff alleged (1) unauthorized entry in violation of General Statutes § 47a-16 (d) and damages in accordance with General Statutes § 47a-18a (count two), (2) theft under General Statutes §§ 52-564 and 53a-119 for items allegedly taken during the unauthorized entry and…”
Sullivan v. Delisa, 923 A.2d 760 (Conn. App. Ct. 2007).
· cites it 2× “II The plaintiffs next claim that the court improperly found that the parties were not in a landlord and tenant relationship on September 7, 2000, and so concluded that the plaintiffs were not entitled to the protections *614 accorded to tenants under General Statutes § 47a-16.…”
Bushy v. Forster, 718 A.2d 968 (Conn. App. Ct. 1998).
· cites it 2× “statutory duty to keep demised premises fit and habitable; (2) that if falling snow somewhat increased the danger of the underlying defect and amounted to no more than an incidental and slight cause of the plaintiffs injuries, the *236 jury must find that the preexisting ice and…”
Mention v. Kensington Square Apts., 214 Conn. App. 720 (Conn. App. Ct. 2022).
· cites it 3× “’’ 11 General Statutes § 47a-16 provides in relevant part: ‘‘(c) A landlord shall not abuse the right of entry or use such right of entry to harass the tenant.”
Haslam-james v. Lawrence, 35 A.3d 368 (Conn. App. Ct. 2012).
· cites it 16× “The plaintiff claims that the court erred in (1) concluding that the defendant’s actions did not constitute an unlawful entry in violation of General Statutes § 47a-16 and thereby entitle her to damages under General Statutes § 47a-18a and (2) concluding that the defendant’s…”
— Conn. Gen. Stat. § 47a-16(a) — 1 case
— Conn. Gen. Stat. § 47a-16(d) — 1 case
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