State Specific Question About: CONNECTICUT (CT)

Hello, need some time sensitive advice. Tenant was evicted March 10th. Tomorrow is April 10th. I've emailed them already saying I would have the accounting soon. However, it is taking a little longer as we are not completely done fixing up the place.

What specific correspondence should I be writing to be sure I am not in violation of not returning the security deposit within the specified time frame. I have to bring this tenant to small claims court to collect. I'm waiting on the painter to send me his invoice so I can calculate it in.

Trying to get a number from him at the least so I can send the accounting over. Including eviction fees, etc.

Any and all advice would be appreciated. Apologies its the 11th hour (literally).

Thank you,

I don't know anything about CT, but I would expect that the SD accounting is due within a specific time frame.

While most courts understand that sometimes it takes a little longer to be able to get work done, and receipts gathered, the other side of the coin is that courts realize that tenant is entitled to receive their deposit (or accounting) promptly.

Your dilemma is not a question of some specific correspondence to CYA, but a question of returning the deposit promptly or else be able to explain the delay to the judge's satisfaction. A friendly note to the tenant might help, providing whatever accounting is available and explaining why the rest id being delayed and when it will be provided.

Moshe,

Thank you for the quick response. I sent over an itemized PDF of all deductions/accounting with the outstanding balance to get it over to them within the allocated CT time of 30 days. Hoping this satisfies the legal responsibility of the landlord to provide accounting within the allotted time.

On a side, in CT small claims goes up to $5,000. Anything above is outside of small claims. I'm only going for the $5k, even though the damages go above by a bit. He left the place a disaster and in my lease they are responsible for any attorneys fees associated with the eviction on top of, obviously, any unpaid rent through the lease until a new tenant is found. Really hoping I've done all the paperwork right. I will be having a state Marshall deliver the small claims paperwork with all the aforementioned deductions.

Thank you again,

Carlin,

please forgive me if I'm completely wrong. But you won the eviction and you've got some $ amount in form of a judgment?

Now comes the easy part. You deduct that judgment from the SD and send the balance to tenant - or just a letter explaining the facts.

Do not return the SD and then hope and count on recovering the monies owed in SCC.

The whole idea of a SD covers both, unpaid rent as well as such a judgment.

Thank you for the response, Chris. The eviction is its own matter to gain possession of the property once a tenant breaks the lease and you evict him under lease terms to regain the possession of the unit. After that, I have to sue for any damages above and beyond what the security deposit covers.

His physical damage already consumes the SD... and much more. I have, written into the lease, that the tenant is responsible for any and all attorneys fees, etc. associated with if the tenant has to be evicted. The judge granted the eviction but only to get possession. Now I have to sue for damages.

My initial question is in regards to the original SD accounting. However, the damages overall exceed the SD by thousands of dollars.... including unpaid rent, attorney and legal fees, damages, etc. So no I have to go to small claims to collect the remainder. I just sent all of it over in the accounting. I'm going to hire the Marshall to deliver the small claims paperwork. Learning process always and I appreciate all of the support and feedback here always.

You said that you have legal and attorney fees. Why aren't the attorneys handling this for you and the second question is why did you wait until the very last minute to do anything about the SD or at least to completely know what your requirements are?

Attorneys fees for the eviction for possession. I did not wait until the last minute, as I had sent communication that it was not ready yet and arriving soon, which is my understanding is part of the requirements to communicate a reason you have not delivered the SD accounting back yet (there is no $ to be returned, however collected). I am not outside of the statute of limitation for small claims. We had not finished all the work on the apartment he left a disaster when forcefully evicted. If I did not seek some input, I would not be posting here.

Kyle,

Thank you, this is the answer I was looking for. Really appreciate the response and advice.

I agree with Kyle -- give estimates for the items not yet completed, and I would show that they are estimates.

then, send a final Statement when it is done.