Conn. Gen. Stat. § 47a-4

Terms prohibited in rental agreement

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(a) A rental agreement shall not provide that the tenant: (1) Agrees to waive or forfeit rights or remedies under this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of the general statutes or any municipal ordinance unless such section or ordinance expressly states that such rights may be waived; (2) authorizes the landlord to confess judgment on a claim arising out of the rental agreement; (3) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith; (4) agrees to waive his right to the interest on the security deposit pursuant to section 47a-21; (5) agrees to permit the landlord to dispossess him without resort to court order; (6) consents to the distraint of his property for rent; (7) agrees to pay the landlord's attorney's fees in excess of fifteen per cent of any judgment against the tenant in any action in which money damages are awarded; (8) agrees to pay a late charge prior to the expiration of the grace period set forth in section 47a-15a or to pay rent in a reduced amount if such rent is paid prior to the expiration of such grace period; (9) agrees to pay a late charge on rent payments made subsequent to such grace period in an amount exceeding the amounts set forth in section 47a-15a; or (10) agrees to pay a heat or utilities surcharge if heat or utilities is included in the rental agreement.

(b) A provision prohibited by subsection (a) of this section included in a rental agreement is unenforceable.

(P.A. 76-95, S. 4, 27; 76-435, S. 75, 82; P.A. 77-451, S. 1; P.A. 79-571, S. 9; P.A. 82-274, S. 3; P.A. 87-154, S. 2; May Sp. Sess. P.A. 92-11, S. 37, 70; P.A. 05-56, S. 1; P.A. 23-207, S. 7.)

History: P.A. 76-435 revised effective date section of P.A. 76-95; P.A. 77-451 substituted “shall” for “may”; P.A. 79-571 revised list of applicable sections and deleted former Subsec. (c) prohibiting rental agreements which would permit receipt of rent for period during which landlord fails to comply with Sec. 47a-7(a); P.A. 82-274 amended Subsec. (a)(7) by restricting the limitation on the amount of attorney's fees to actions in which money damages are awarded; P.A. 87-154 added Subsec. (a)(8) prohibiting a provision whereby a tenant agrees to pay a late charge or to pay rent in a reduced amount prior to the expiration of the statutory grace period; May Sp. Sess. P.A. 92-11 amended Subsec. (a)(4) to correct a statutory reference by replacing Sec. 47a-22 with Sec. 47a-21; P.A. 05-56 added Subsec. (a)(9) prohibiting heat and utilities surcharge clauses in residential leases, effective October 1, 2005, and applicable to rental agreements or renewals of rental agreements signed on or after that date; P.A. 23-207 added new Subsec. (a)(9) re prohibition against charges for late rent exceeding the amount set forth in Sec. 47a-15a and redesignated existing Subsec. (a)(9) as Subsec. (a)(10).

Cited. 4 CA 209; 10 CA 527; 32 CA 133.

Former Subsec. (c) must be read so as to provide tenant with remedy for landlord's violation of Sec. 47a-7(a), and therefore tenant was not liable for rent while premises were uninhabitable; uninhabitability of premises excuses withholding of rent. 35 CS 151. Cited. Id., 549; 36 CS 611; 38 CS 341; Id., 393; Id., 683.

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Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1978–2024 · leading case: Steinegger v. Rosario

Sort: Relevance Newest Treatment

Steinegger v. Rosario (1979) connsuperct · cites it 16× “The defendant, hereinafter the tenant, denies that she has paid no rent for the three-month period in question and claims by way of special defense that payment of rent during this period was excused by *152 operation of General Statutes §47a-4 (e) 1 because the premises were…”

Conaway v. Prestia (1983) conn · cites it 2× “to 1979) § 47a-4 (c) and § 47a-7 (a), 5 constituted “unfair or deceptive acts” within the *488 purview of CUTPA.”

Evergreen Corporation v. Brown (1978) connsuperct · cites it 6× “Those special defenses alleged that the plaintiff had failed to maintain the premises in a manner conforming to the Hartford housing code, that the plaintiff had failed to maintain the apartment facilities in good and safe working order in violation of General Statutes §47a-7…”

Hoban v. Masters (1980) connsuperct · cites it 4× “In its discussion of the term untenantable, the trial court referred to General Statutes §§47a-4 (c) and 47a-7 (a), as well as to the lease.”

Nielsen v. Wisniewski (1993) connappct · cites it 2× “, the Connecticut Unfair Trade Practices Act (CUTPA); General Statutes § 47a-21, which controls the handling of security deposits; and General Statutes § 47a-4 et seq., which controls the acceptance of rent for an uninhabitable apartment lacking a certificate of apartment occu…”

Ven Nguyen v. DaSilva (1987) connappct · cites it 2× “The underlying action was a tenants’ class action against their landlord 1 in which the tenants claimed that the landlord was not providing them with safe, decent and sanitary housing as mandated by General Statutes §§ 47a-4, 47a-5, 47a-7, 47a-57, and that he had engaged in…”

Firstlight Hydro Generating Co. v. First Black Ink, LLC (2013) connappct · cites it 2× “Furthermore, we note that the “statutes relating to [s]ummary [p]rocess” referenced in the waiver provision at issue allow for the waiver of a notice to quit in only one circumstance—where the operative lease terminates for lapse of time. See General Statutes § 47a-25. Reading a…”

Techer v. Roberts-Harris (1979) ctd · cites it 2× “With respect to Connecticut, the legislature has codified a warranty of habitability in C.G.S. §§ 47a-4(c) and 47a-7(a) (West 1978).”

Colonial Investors, LLC v. Furbush (2017) connappct · cites it 4× “" On appeal, the defendant initially argued that the customer service charges were imposed as rent in violation of the parties' lease agreement and General Statutes § 47a-4(a)(9). The defendant, pursuant to Practice Book § 67-10, subsequently withdrew § 47a-4(a)(9) from her…”

Housing Authority v. Boyd (1979) connsuperct · cites it 2× “General Statutes § 47a-4 (c). Tenants may forestall the prosecution of a summary process proceeding for six months if they can prove that the *53 eviction action is a retaliatory action by the landlord within the purview of General Statutes §§ 47a-20 and 47a-33.”

Dessa, LLC v. Riddle (2024) connappct · cites it 2× “This amount is less than 15 percent of the debt pursuant to General Statutes § 47a-4 and [is] allowed under paragraph 16 of the lease.”

Northland Investment Corp. v. Public Utilities Regulatory Authority (Dissent) (2024) conn · cites it 3× “Relevant to the present case is § 47a-4 (a) (10), which provides that ‘‘[a] rental agreement shall not pro- vide that the tenant .”

— Conn. Gen. Stat. § 47a-4(a)(9) — 1 case

Colonial Investors, LLC v. Furbush (2017) connappct “" On appeal, the defendant initially argued that the customer service charges were imposed as rent in violation of the parties' lease agreement and General Statutes § 47a-4(a)(9). The defendant, pursuant to Practice Book § 67-10, subsequently withdrew § 47a-4(a)(9) from her…”

— Conn. Gen. Stat. § 47a-4(c) — 1 case

Techer v. Roberts-Harris (1979) ctd “With respect to Connecticut, the legislature has codified a warranty of habitability in C.G.S. §§ 47a-4(c) and 47a-7(a) (West 1978).”

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