State Specific Question About: CONNECTICUT (CT)

Here's the situation. Owner Occupied two family. My family and I live downstairs and rent apt upstairs. Apartment was rented as and rental agreement lists it as single person occupancy and no smoking apartment. This is how the apt has been rented for the past 9 years without this situation being an issue. Tenant has been with us slightly over a year.

Back in the fall the tenant asked if girlfriend could move in with him and we said no. then asked if gf could give him a cat or dog...answer no (no pet clause in agreement as well). About a month and a half ago noticed gf's car here over night more and more, began keeping track. Agreement states anything longer than 7 days requires landlord's consent. He asked and we said no back in the fall, nothing more mentioned.

In trying to figure out how to appropriately deal with this without acknowledging her living in the unit - thought I had read here that if we verbally acknowledge it since its a month to month we set ourselves up for legal issue of eviction...) Anyway, due to serious medical emergency in my personal life this is the first I am able to even approach the board for help / advise much less confront the tenant or the gf.

Now, upon leaving at 6am this morning I noticed the bedroom window wide open and the window screen out (in the apt window). Called my hubby livid as all heck. I have been finding cig butts along my driveway and scattered through out my tiny property (yard) but any confronting on that issue to tenant has been denied by tenant (he chews, doesnt smoke). My husband, trying to maintain peace until we have a plan of action, had had enough and knocked on the apt door knowing the gf was there. She was trying to 'hide' by not answering but hubby was equally livid and knocked until she answered, not willing to walk away. My husband is a transplant patient the cig smoke filters down from the apartment into our apt and lingers there and he can not handle the smoke confined like that. When she did answer he said he was polite and although she did not initally admit to anything when he pointed out he was finding a ton of cig butts along the driveway her reply was "those arent hers because she tossed them out the window " and she pointed to the bedroom and living room windows. Oooy vie, he tricked her good! But he was too careful in how he said anything to her, instead using his medical condition to explain why no smoking allowed at all.

My question is, and please spare me the nasty or wise guy comments, is how do I legally remove her from the apt? I can evict him but think he is smart enough to know he has it good here, rentwise (below market value and we pay electricity. With 2 people the electricity and the water usage double but dont want to up the rent for fear that will give her/him the court's side that we acknowledge her living there. I think he may want to stay and is pushing the boundries to see what he can get away with, but I may be wrong. I just need advise on what I can do here in CT to remove a guest NOT on the agreement.

Make sure if you give 30 day notice you add either the clause "et al" or the clause "and all others" to the tenants name.

Time for them to hit the highway. With their cat in tow.

I figure the cat is in your apt as well. Give them a 30 day to vacate notice/termination of tenancy notice.

ALSO ...

Give them a 3day notice to cure or quit for the cig butts. Require that they pick up all the butts or you will hire someone to do it and they are being billed. Eh, worth a shot huh? I hate picking up cig butts in my courtyards. It's not a darn open walk in ash tray. I don't smoke I don't want to pick up their cig butts.

The Cure or Quit clause, hmmm, do you really think I can get away with that, charging them for someone to clean up the cig butts?? Doubling the rent and him moving on his own...he can afford it apparently, by the way he has bought her a car, jewelry, bigger engagement ring...not sure I want to risk having them both stay. I like the summer thought, yes, I should be able to re-rent quickly...question popping into mind, in CT because I am evicting for no reason stated (not giving them the opportunity to redeem themselves and win to stay in housing court) how does it work if I CAN'T rerent quickly (showing proof of advertising and interviewing...I'm drawing at straws here) does that or can that loss of rental income be pulled from the Sec. Deposit?

? Is this a term lease or a month to month rental agreement?

If it's a month to month agreement then you can use the

30day termination no reason.

If it's a term lease that is a whole 'nother story.

If a term lease how long before the term is up?

This is a non-smoking unit. With an unauthorized tenant. Heck yeah I would give the 3day notice to cure a shot. It sure can't hurt you. It only adds to your paper trail even if they don't comply. Most people will comply and pick up the butts. Put on your poker face.

No dearheart you can't terminate tenancy for no reason thus breaking the lease term and then charge them for advertising until you find a new tenant.

You have to give a reason for terminating during the lease term.

You have 2 valid reasons. Unauthorized tenant that was not approved. Smoking in a non smoking unit.

Because of their violations YOU are ending the lease agreement. They must pay rent thru their last 30 days. Then you do your SD accounting and send it to them at their new address with either the money owed to them or the money owed to you.

Hire someone to pick up the butts if they never do.

Have them give you a receipt. Deduct from the SD.

Well I didn't think I could retain the SD for the unit being empty but seeing as the cure or quit clause came up I figured nothing ventured, nothing gained. I pick up the butts. I do not like seeing them around my house. For the past year I had been yelling at my father for throwing his butts til my husband noted the butts are not his brand. Still I pick them up b/c its my yard and I hate the way butts all over look (yep, that many).

Being its a month to month and having done a m2m eviction before with my very first tenants in this house, I know I can end the Agreement without giving a reason, its just required I give 30 days and its 30 days from the rental agreement period. Thats the beauty of a m2m in an owner occupied house. But I didn't want to go that route if I didnt have to.

I'm a M2M LL myself. Wouldn't do it any other way.