In Connecticut, a “lapse of time” eviction refers to a legal process where a tenancy ends at the expiration of a fixed-term lease and the landlord wants the tenant out of their apartment. Unlike evictions for cause (e.g., non-payment of rent, property damage), a lapse of time eviction doesn’t require the landlord to prove any wrongdoing by the tenant. The lease simply reaches its predetermined end date, and the tenant is expected to vacate.
This type of eviction provides a crucial tool for landlords and property managers in Connecticut. It allows them to regain possession of their property when a lease term expires without needing to demonstrate a specific violation by the tenant. This is particularly important for seasonal rentals, short-term leases, or when a landlord simply wishes to rent to different tenants after a lease concludes.
In addition, if a tenant is troublesome or their rent is 100% subsidized by an agency, it may be impossible to prove cause so Lapse of Time evictions are needed to get non-compliant and unruly renters to vacate
How Lapse of Time Evictions Work:
When a lease reaches its expiration date, the tenancy automatically terminates. If the tenant remains on the property after this date, they become a “tenant at sufferance,” and the landlord can initiate eviction proceedings.
It’s essential to remember that even in a lapse of time eviction, landlords must still follow the proper legal process. This includes serving the tenant with a Notice to Quit, and if they fail to vacate, pursuing the eviction through the court system.Self-help evictions (e.g., changing the locks) are illegal in Connecticut.
Why Lapse of Time Evictions Matter:
Lapse of time evictions are vital for Connecticut landlords for several reasons:
- Property control: They allow landlords to regain possession of their property at the end of a lease term, giving them the flexibility to re-rent to new tenants or use the property for other purposes.
- Certainty: They provide a clear and predictable end to a tenancy, avoiding potential disputes or holdover situations.
- Efficiency: They offer a streamlined process for regaining possession when a lease expires, without the need to prove tenant misconduct.
The Threat to Lapse of Time Evictions:
However, lapse of time evictions are now facing a significant challenge in the Connecticut Legislature. Current legislative proposals aim to extend lapse of time evictions to all tenants in 5 units and larger properties. Currently certain tenants living in these types of properties are protected including elderly tenants, tenants with physical or mental disabilities, and their families.
Why This Is Bad News for Landlords:
Prohibiting lapse of time evictions for certain tenant groups would have severe consequences for landlords, property managers, and Realtors in Connecticut:
- Reduced flexibility: Landlords would lose the ability to regain possession of their property at the end of a lease term, limiting their options for re-renting or other uses.
- Increased costs: Dealing with holdover tenants would lead to increased legal costs and potentially lengthy court battles.
- Uncertainty: The lack of a clear end date to a tenancy would create uncertainty and make it difficult for landlords to plan for the future.
- Discrimination concerns: These proposals could lead to accusations of discrimination if landlords choose not to rent to specific groups due to the restrictions on lapse of time evictions.
- Impact on property values: The inability to easily regain possession of a property could negatively affect its value.
CTPOA’s Stance:
The Connecticut Property Owners Association (CTPOA) strongly opposes any legislation that would restrict or prohibit lapse of time evictions. We believe that landlords have the right to regain possession of their property at the end of a lease term, and that lapse of time evictions provide a necessary and legal mechanism to do so.
What You Can Do:
It’s crucial for landlords, property managers, and Realtors in Connecticut to stay informed about these legislative proposals and take action to protect their rights. You can:
- Contact your state legislators: Express your concerns about the potential impact of these proposals on your business and the rental housing market.
- Join CTPOA: Become a member of CTPOA to add your voice to our advocacy efforts and stay informed about legislative updates.
- Support PODL: This Super PAC aims to stop elected officials from further attacking private property owner rights.
- Share this information: Spread the word about the threat to lapse of time evictions among your fellow landlords and property managers.
Conclusion:
Lapse of time evictions are an essential tool for Connecticut landlords. Any attempt to restrict or prohibit them would have serious negative consequences for the rental housing market in our state. It’s imperative that landlords, property managers, and REALTORs work together to oppose these harmful proposals and protect their rights.
