3.3 Connecticut Landlord-Tenant & Common Interest Ownership
Key Takeaways
- Connecticut's security deposit cap is 2 months' rent for most tenants and 1 month's rent for tenants age 62 and older (CGS Sec. 47a-21).
- The landlord must hold deposits in an escrow account, pay annual interest at the deposit-index rate, and return the deposit within 30 days of termination or 15 days after receiving the tenant's forwarding address, whichever is later.
- The Common Interest Ownership Act (CIOA, CGS Sec. 47-200 et seq.) governs condominiums, cooperatives, and planned communities in Connecticut.
- A resale of a unit requires the seller to deliver a resale certificate (and a public offering statement for new units) disclosing budget, fees, liens, and restrictions (CGS Sec. 47-270).
- Connecticut adverse possession and prescriptive easements require 15 years of continuous use under CGS Sec. 52-575.
Security Deposits (CGS Sec. 47a-21)
Leasing questions on the Connecticut state portion almost always hinge on the security-deposit statute, CGS Sec. 47a-21. Lock in the dollar limits, the interest rule, and the return clock.
Maximum Deposit
| Tenant | Maximum security deposit |
|---|---|
| Most tenants | 2 months' rent |
| Tenants age 62 or older | 1 month's rent |
Trap: If a landlord already holds a 2-month deposit and the tenant turns 62, the landlord must, on the tenant's written request, refund the amount exceeding one month's rent. The age-62 cap is the single most-tested deposit number in Connecticut.
Holding, Interest, and Return
| Requirement | Rule |
|---|---|
| Where held | Escrow account in a Connecticut financial institution, separate from the landlord's funds |
| Interest | Landlord pays annual interest at the rate set for deposit accounts (the statutory deposit-index rate), credited or paid each year |
| Return deadline | Within 30 days of tenancy termination, or 15 days after the landlord receives the tenant's forwarding address — whichever is later |
| Deductions | Only for unpaid rent and damage beyond ordinary wear and tear, with an itemized statement |
Worked example: A tenant moves out March 31 and gives the landlord a forwarding address on April 20. The 30-day clock from March 31 ends April 30; the 15-day clock from April 20 ends May 5. Because the rule is "whichever is later," the landlord has until May 5 to return the deposit with interest and any itemized deductions. Miss it, and the tenant may recover double the deposit.
Other Leasing Points
- No statutory grace period for rent by default, but a 9-day grace period applies before a late fee or eviction for nonpayment on most residential leases.
- Eviction ("summary process") is a court action; Connecticut landlords may not use "self-help" (changing locks, removing belongings, shutting off utilities). Lockouts are illegal.
- Connecticut has no counties, so eviction and housing matters are heard in the Superior Court Housing Session or the regular Superior Court for the judicial district.
The Common Interest Ownership Act (CIOA)
Many Connecticut transactions involve a common interest community — a condominium, cooperative, or planned community where owners share ownership of common elements and pay association fees. These are governed by the Common Interest Ownership Act (CIOA), CGS Sec. 47-200 et seq., Connecticut's comprehensive condo/HOA statute.
| Community type | What the buyer owns |
|---|---|
| Condominium | The individual unit plus an undivided interest in common elements |
| Cooperative | Shares in a corporation that owns the building, plus a proprietary lease |
| Planned community (PUD) | A lot/home plus membership in the association that owns common areas |
Required Disclosures on a Resale
Under CGS Sec. 47-270, when an existing unit is resold, the seller must deliver to the buyer a resale certificate prepared with the association's help. For a new unit sold by a declarant, the buyer instead receives a public offering statement. The resale certificate discloses:
| Disclosure | Why it matters |
|---|---|
| Current common-expense (HOA) fees and assessments | Buyer's ongoing monthly cost |
| Any unpaid assessments or liens against the unit | Could transfer to the buyer |
| The association budget and reserves | Financial health of the community |
| Special assessments approved or anticipated | Large upcoming charges (e.g., roof, capital projects over $1,000) |
| Rules, restrictions, and litigation | Pet limits, rental caps, pending lawsuits |
Timing rule: On a unit owner's request, the association must furnish the information needed for the certificate within 10 business days. The buyer's review of the resale package is a common contingency, and delivering it late or incomplete can give the buyer a cancellation right.
Adverse Possession and Prescriptive Easements
Connecticut recognizes that long, open use of land can ripen into rights. Under CGS Sec. 52-575, the period is 15 years.
| Doctrine | What it transfers | CT requirement |
|---|---|---|
| Adverse possession | Title/ownership of the land | 15 years of use that is open, notorious, exclusive, continuous, and hostile (without permission) |
| Prescriptive easement | A right to use another's land (not ownership) | 15 years of open, continuous, adverse use |
Trap: Permission defeats both doctrines. If the true owner gives permission, the use is not "hostile," and the clock never runs. A common exam scenario: a neighbor who has crossed a driveway "with the owner's blessing" for 20 years gains no prescriptive easement.
Quick Reference: Connecticut Numbers in This Section
| Item | Value |
|---|---|
| Security deposit (most tenants) | 2 months' rent |
| Security deposit (age 62+) | 1 month's rent |
| Deposit return | 30 days, or 15 days after forwarding address (later) |
| Late-rent grace period | 9 days |
| Resale-certificate turnaround | 10 business days |
| Adverse possession / prescriptive easement | 15 years |
Exam tip: When a landlord-tenant question gives a tenant's age, check the 62-and-older deposit cap first. When a condo question appears, the answer almost always involves the resale certificate and the association fees/liens it discloses.
A 64-year-old tenant signs a Connecticut lease at $1,500 per month. What is the maximum security deposit the landlord may collect?
When an existing Connecticut condominium unit is resold, what must the seller provide the buyer under CIOA?
How long must a use of another's land continue to establish adverse possession or a prescriptive easement in Connecticut?