State Specific Question About: CONNECTICUT (CT)

I have a 2 family house with upstairs tenants that are just outright PITA. They ignore the guest limitations, disturb the tenants downstairs...to the point I'm afraid I will lose my downstairs tenants. Since I don't live on the property I have to rely on my downstairs tenants to keep track of their coming and goings. Many times it is the upstairs family who are staying as guests, day after day, or leaving their kids there day after day. Unfortunately, most of the time it is the noise factor the downstairs tenants hear. The upstairs tenants seem to keep the kids inside. Kids running back and forth (also lets not forget children are a protected class). They did see adults on a Tues., Thurs. and a Fri that were not tenants. Since I have no more than 3 consecutive nights in a row, would this type of tenant testimony hold up in court? They don't want to call the police...they are afraid of retaliation.

Also I've been told that the reality of a termination of no lease by lapse of time is frustrating and is very difficult to win. Because in reality if the tenant decides to fight it and you go to court,the judge is allowed by statute to give a 6 month extension to the tenants based upon his/her whim regardless of your answer. In this economy and with the often times sympathetic attitude judges have toward tenants, you can expect an almost automatic extension being granted to the tenants for a lapse of time eviction. What's worse is that at the end of the up to 6 month extension, the tenants can petition to reopen the case and ask for a further extension. That generally doesn't happen unless the tenants are really savvy or are using an attorney against you (especially legal aid).

Anyone have any effective ideas to offer?

Leave this ALONE. If the rent is being paid, just drop it. The problem you have is the UPSTAIRS tenant, can invite anyone over, you must be the one to see the violation. Your nosy tenants can not be the ONLY evidence.

Maybe you should file for termination with the upstanding tenant, advice them you want to remodel and possibly sell. Maybe they will just leave.

I even thought about outside security cameras as a way of gathering evidence to catch the guest coming and not leaving...but would that be considered spying...and I almost think it would be a waste of money...

Next time they are 5 seconds late with rent, file eviction. Or are you one of those states that has the "cure or quit" nonsense?

I believe so....how much do you think I can raise the rent on a 720 sq ft small 3 BR apartment? I'm charging 750 , fair market value is around 900. Of course they can contest that, and still pay the old rent.

I believe so....how much do you think I can raise the rent on a 720 sq ft small 3 BR apartment? I'm charging 750 , fair market value is around 900. Of course they can contest that, and still pay the old rent.

I believe so....how much do you think I can raise the rent on a 720 sq ft small 3 BR apartment? I'm charging 750 , fair market value is around 900. Of course they can contest that, and still pay the old rent.

Legally there is no defense to a "no cause or reason" termination of a month to month agreement by lapse of time.

It is a win for you ... the tenant ends up with an eviction on their record even if they get the stay. You end up with a stipulated judgment requiring the tenant to pay the monthly "use and occupancy" in order to remain through the stay.

The reality is, you really do not want a vacancy in the winter/holiday season. This can be a positive for you. You do not have a vacancy until the late spring/early summer best time to find new tenants.

If you attempt to evict for cause due to the noise and other "violations", you have a very weak case. You are going to need more than the testimony of the downstairs tenants to get an eviction for the reasons you bring up.

Up/downs ALWAYS have noise complaints. Not doubting the problem, but it's very easy for the down to complain about noise and make the LL jump.

I don't read about what you HAVE done to calm the problem. Managaing is an active sport! Start with a complaint letter, second notice, then letter ending the lease and instructing them to leave. Negotiate a move-out. Use the happy clause. Whatever it takes.

As I understand it from my attorney years ago, any attempt to get rid of a tenant other than failure to pay rent, is almost a waste of time.

Noise complaints or having guests stay longer (than your 3 nights allowed in your lease if I read your post correctly) can be accomplished under a "cure or quit".

So if you go to court on the complaint that the upstairs tenant is violating the lease - (or month to month agreement) due to guests or noise, the judge will allow the upstairs tenant to "Cure" the complaint/violation situation. So where are you? I believe in that case, the judge will allow time for the upstairs tenant to clean up her act - maybe giving a 6 month extension.

The lapse of time is when you give notice to move and they don't, then it's another procedure in the eviction process....

The lapse of time is an official document used to initiate court proceedings to evict a tenant who has not vacated the leased premises at the end of a lease term and after the Official Notice to Quit has been served. The document is given to the Clerk of Court with the appropriate filing fees and is the Official Form used to begin court proceedings and is used after the notice period expires.

So have you given a notice to vacate the premises by a certain date and they haven't done it?

Two family up and down apartments are problems unless you have very quiet upstairs tenants with no children. Do you have carpeting on the floors to lessen noise? Are the downstairs tenants home all the time?

Have you talked with the upstairs tenants about reducing the noise - about extra people staying over?

As a landlord, you shouldn't get involved in tenant disputes UNLESS you get reports of excessive noise or other violations of your lease - you know, the quiet enjoyment of the premises that every tenant has a right to.

You need to find out who the complainer is. Your downstairs tenant who complains about every little noise - company, or the upstairs tenant who just doesn't care how much noise is being made.

I have spoken to the upstairs tenants about the numerous guests and the oise in the summer. They quiet down, then after a few months the activity starts again. Upstairs complained (in October) when downstairs could not take it any more and yelled and banged on the ceiling. Then upstairs became upset.

I told them everyone has to try to be courteous. The guests are back again upstairs. If I issue a cure to quit I am going on the say of the downstairs tenants. I know what will happen, (because verbally it did) the upstairs tenants started complaining about noise from downstairs.

I have spoken to upstairs about the noise. They say they are a very close family and family are not guests. They said that they had some of their family stay at other houses, so there would not be so much activity, but what they say and what it seems they do according to the downstairs tenants are two different things. IF I order a quit to cure I can only go on the downstairs tenants heresay....and I know what upstairs will do, they will complain about the noise downstairs...bouncing ball.

IF I do a lapse of time, from what Treese says the judge can't deny me the right to move these tenants out. But I'm also reading that the violations are very weak...so can the judge deny the lapse?

I agree with Steve from Tx - leave the drama alone. Maybe happy clause.

From experience evicting for anything other than lapse of time or nonpayment in CT is a real pain the a$$.

If your not happy with the upstairs tenants and believe the downstairs tenants don't try to evict for lease violations. Either raise the rent to a level they won't pay or simply issue them a notice of change in terms of tenancy stating that as of 30 days prior to to the 1st of the month you will not be renewing lease.

Sometimes problem tenants can be good tenants if you drop the hammer on them and let them no who is the boss so to speak. A rent raise to $900 could be the wakeup call they need. As long as it is done properly with 30days prior to the 1st they can contest all they want and all it will accomplish is a non payment which is a easy eviction. If they fell back in line you could lower rent again. I would not be afraid to tell them this either.