Tenants' Rights:  Good Cause Eviction

Find out about:

• Protections and rights for those who are elderly or physically disabled who live in a building with 5 or more units, and
• Protections from eviction in certain other cases.

July 2007

Introduction

A landlord can start an eviction action against any tenant at any time unless the tenant is protected by "good cause law" (described below). The "good cause law" will protect certain tenants from being evicted.

Important: You do not have to move just because your landlord has started an eviction against you. You have the right to stay until a court tells you that you must move. (See Legal Aid’s pamphlet, Tenants’ Rights: Eviction.)

Who is protected by "good cause law"?

Good cause protects in the following tenants:

1. "Good cause law" protects tenants who live in a building or complex  which has at least five dwelling units; AND

• who are blind or physically disabled (the disability must be expected to last for at least 12 months or be expected to result in death) -OR-
• who are 62 years of age or older, -OR-
• whose spouse, brother, sister, parent, or grandparent is 62 years of age or older and permanently living in the unit.

Note: The judge may require proof (for example, a Social Security Notice of Award) of the disability, blindness or age.

2. Condominium conversions: Even if you are not blind, physically disabled, or age 62 or older, you have special rights if your landlord wants to turn each apartment into a condominium unit that can be bought or sold.

3. Landlord foreclosures: Good cause also protects tenants who are in danger of eviction by a bank as part of a foreclosure case against the landlord.

4. Mobile home parks: Good cause may also protect tenants who live in a mobile home park even if they own their mobile home.

What is "good cause" and for what reasons could I be evicted?

"Good cause" means that your landlord can only evict you for certain reasons. You could be evicted for the following reasons.

1. You do not pay the rent.
2. You do not agree to a "fair and equitable" rent increase.
3. You do not follow the rules and regulations the landlord has made for tenants in the building.
4. You do not follow the terms of the lease.
5. You do not meet your obligations toward the property as required by state law. This reason would cover intentionally destroying the landlord's property, disturbing the neighbors' peaceful enjoyment of the property; or failing to keep your unit clean and safe.
6. Your landlord permanently removes the apartment from the housing market (for example, the landlord is going to turn it into an office).
7. Your landlord plans to use the apartment as his/her own permanent residence (except this reason cannot be used to evict a tenant in order to convert it to a condominium).

Can my landlord raise my rent?

Your rent may not be increased unless the increase is “fair and equitable.” (See below). If you think that the rent increase is not fair and equitable, you should file a complaint with your local Fair Rent Commission, if your town or city has one (See our pamphlet, Tenants Rights: Fair Rent Commission). If your town does not have a Fair Rent Commission, you can sue in court to stop the rent increase.

How is it decided if a rent increase is "fair and equitable"?

Several things are looked at in deciding what is fair and equitable, some of which include:

• the amount of rent charged for similar apartments in the same town;
• the condition of the unit and whether repairs are needed;
• what utilities, etc. are included in the rent;
• the number and size of bedrooms;
• the tenant’s income;
• the amount the landlord pays in taxes and expenses;
• plus other factors.

If your landlord is trying to evict you and you think you should be protected by "good cause," get legal advice so you can protect yourself in court.

Questions? If you have any questions on your rights, call Statewide Legal Services at 1-800-453-3320 or (860) 344-0380.

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This document was produced by the Legal Assistance Resource Center of CT in cooperation with CT Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on laws in CT as of July 2007. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney. Copyright: July 2007