Connecticut Notice of quit - non payment

[dc4444]

Connecticut

I have not yet served a notice of quit - non payment as the moratorium on that in Connecticut is Feb 9, 2021.

The following is a text stream between myself and my Tenant (he has a girlified Debbie who is also on the Lease but has moved out due to a domestic dispute).

The Tenant made a vague, open-ended statement with no guarantee of paying the rent after earlier saying he could not and would get get back to me. This is what triggered my discovery process for the "Notice to Quit - non -payment".

So, I have a question, regarding whether I should reply to the Tenant's text in the 1/8/2021 section stated below in my text stream?
My reply is listed in the 1/9/2021 section.

It's just during Covid-19, I was wondering, will the eviction court look down upon me for NOT replying. Like sayin some BS like he did reach out to me and made an offer [as open ended and ridiculous as it was] ...blaha, blah.

So, I was thinking that at least a reply by me ( listed in the 1/9/2021 section ) would appease the eviction court that I at least did respond [kept communication open] and gave the Tenant notice of my intentions.

1.) Does my reply as is I state in the 1/9/2021 section sound reasonable?

OR

2.) Should I just NOT reply and continue with the "Notice to Quit - non -payment" at the time allowed.


-------------------

1/3/2021:

Me: - 3:39 pm

Reminder, January rent is due.

Mike: - 3:41 pm

Unfortunately due to Covid I can not pay right now. I will get back to you when I can. Sorry. But I know you understand.

My analysis (not part of text):
He is being coached and purposely puts in "Sorry. But I know you understand. " to make it sound like he is so nice. Which is not the
case.

Me: - 4:32 pm

Ok. I understand the Covid issue. But Debbie is on the Lease too and both of you are obligated to pay the monthly rent due. In spite of
Covid, she is employed and working. If you have truly not received any income this past month (even under the table) and are acting in
good faith, I will allow a reasonable extension for paying me the January rent due. But I would like at least an estimate as to when you both
will pay the January rent due. Thanks.

Me: - 4:41 pm

Also, did you see my text on 12/21/2020 asking you a question. Let me know your answer. Thanks.

For reference (not part of text): He was initially in violation of his lease. I sent him certified mailings for:
1. Excessive noise after 11:00pm (8 occurrences)
2. Smoking pot in a smoke free apartment (8 occurrences)
3. Pet violation - allowed 1 cat but has more
4. Running an illegal tattoo service out of the apartment.

For reference (not part of text):
12/21/2020

Me: - 11:43 am

Mike, do you still want me to set an eviction court date to contest? Or comply as I had asked (as it seems you have) and we are
good?

Mike: - 4:44 pm

We are both out of work sorry. Yes I saw your text. I am tired of you harassing me and threatening me

My analysis (not part of the text):
There is no harassment/threatening, but he keeps using that buzzword to get it on record as though it is true - but prior texts show
other wise and we have had no verbal communication since I went in the apartment to fix the toilet on 12/17/2020. And
conversation was civil.

Debbie is a Certified Nurses Aid and is not likely to be out of work especially during this Covid period. My first floor elderly Tenant
has as CNA who comes twice a week in spite of Covid.

On 1/4/2021, I seen Mike going out in the morning carrying a tool bag and lunch bag. Likely going to work for XXXX Painting. I took
a photo.

I believe this has been Mike’s plan all along since this conflict so as to get me to evict him for non-payment there by me getting
caught up in the moratorium of delayed evictions for non-payment and him being able to stay in the apartment longer and not pay
rent. This is why he won’t answer my question about him requesting that I take him to eviction court as this lease violation is not part
of the moratorium and I can proceed without restrictions/delay.

Me: - 4:50 pm

Sorry but there was no harassments or threat. Just reasonable statements and a question you have yet to answer. You appear to be
interpreting the texts incorrectly.

1/8/2021:

Mike: - 2:01 pm

Update: I will be able to give money upon taxes. I never received a stimulus.

My analysis (not part of the text):
He is trying to buy time by getting me to be OK with this. It’s a ploy. I do NOT trust him. He is trying to buy himself a month or 2 as I wait
for payment and then he does not have it, then I have to start the clock then which in turn buys him more time.

1/9/2021:

Me: - 1:32 pm

Update: I already started my discovery eviction process, and at some point, it will be put on the court calendar. Your prior text:
“give money upon taxes” is rather vague, open-ende with no guarantee. So, when you are up to date on your rent payment(s) and
there are no other issues; I will then consider canceling it.

My analysis (not part of the text):
I started my discovery process on 1/3/2021 (before his text on 1/8) and have emails from corresponding with a law librarian to prove it.
So I can't image the court asking why I did not at least reply to that if I chose not to and just continue on my path to evict.

 

[quincy]

You should add this to your other current thread so forum members don’t have to search for the background information. Thanks.

 

[dc4444]

Report:

I did not want to convolute that 1 as it relates to Special Nuisance. This is for non-payment.

 

[Zigner]

Report:

I did not want to convolute that 1 as it relates to Special Nuisance. This is for non-payment.

You need to speak to an attorney.

 

[Gail in Georgia]

My take on this (and my state of Georgia may be very different than yours).

I don't argue/discuss/beg/plead, etc. with tenants who do not pay their rent. I am assuming your lease states when rent is due. Once this deadline is past, the tenant receives a Pay or Quit notice as appropriate for the state (here it is typically done via the "tack and mail" route) which gives them a certain number of days to either remedy the situation or "quit" (move).

Once this has expired I file for the eviction. Don't ask them about setting a date. The court should notify them of this. This isn't an invitation to a birthday party. Again, my state is doing evictions UNLESS the tenant can provide a very specific reason for this NOT proceeding. This would be a job loss directly due to Covid. WRITTEN DOCUMENTATION of such is required.

If you can't handle this alone, hire an attorney familiar with the eviction process for your state. It would be cheaper for you to do so in the long run and often the presence of such tends to light a fire under the rear ends of those tenants who have decided to play this type of game..

And forget this nonsense about receiving the rent money once he gets his tax refund. After all, he'll need this to purchase more drugs.

The same is true for this harassment and threatening business. Asking someone for their rent is neither. Giggling while you watch them sit on the curb with all their belongings boohooing might be so wear your mask when if it comes to this.

Gail

 

[dc4444]

Gail,

Thanks for the reply. Good advice and for sure, no begging, pleading, arguing on my part. Just considering whether to reply to his text on 1/8/2021 as I was wondering will the court look down upon me for NOT replying.

 

[not2cleverRed]

Thanks, @Gail in Georgia . Less is more: OP should limit communications to direct, declarative statements. No more questions. No extra explanatory phrases. Just cut and dry.

https://portal.ct.gov/Coronavirus/Covid-19-Knowledge-Base/Rent-and-Eviction

"A tenant should make every effort to pay as much rent as possible during the ongoing public health and civil preparedness emergency since, as set forth above, tenants remain ultimately responsible for the full payment of rent for all months, even those impacted by the COVID-19 pandemic."

Might I point out, @dc4444 , if your goal is to get rid of this jerk, eviction isn't the only way. There's more than one way to skin a cat - might as well choose the easiest.

 

[FarmerJ]

Stop using text messages for what could be vital communications with the tenant instead written on real paper ( keep copy for your self ) and mail via confirmed mail delivery , staple your postal receipt to your copy of the letter and since she is on lease she is entitled to notices too, so that means one copy to her with her name on it and one with his. ( why , they arent married and dont let the claim that she moved out stop you from doing notices to you since for all you know they could make up and she moves back in .

 

[STEPHAN]

Consider cash for keys. They might not agree now, but when they need the next drugs.

 

[dc4444]

FarmerJ...point taken about no text messages for vital communication.

I agree on sending vital communication via certified mail. I did so via USPS for the 3 warning notices and the letter I sent him giving him an opportunity to exit the Lease early (which he did not take - FOOL). He acknowledged receiving them. Thereafter, I tried to send another communication and he did not answer the door on delivery attempts by the USPS. He would throw the postal notice on the ground. Playing the game that they did not receive it. Anyway, after that, I have only either briefly responded to his text or asked a brief question via text. Hence my text question (1/9) to his last one on 1/8.

 

[dc4444]

NotCleverRed,

1. What did you mean about not being the only way?

2. Per the link you sent stating the Tenant responsibility:

https://portal.ct.gov/Coronavirus/Covid-19-Knowledge-Base/Rent-and-Eviction

Posted 7/2/2020,

Beyond the Extension
A tenant should make every effort to pay as much rent as possible during the ongoing public health and civil preparedness emergency since, as set
forth above, tenants remain ultimately responsible for the full payment of rent for all months, even those impacted by the COVID-19 pandemic.

Late payment or nonpayment of any portion of rent should be a last resort where unavoidable. A tenant should be in communication with his or
her landlord and should work with his or her landlord to establish a payment plan or arrangement to repay all late or unpaid rent.

A. Could he be playing me by stating that he will "give money upon taxes" as stated in his text below?

1/8/2021:

Mike: - 2:01 pm

Update: I will be able to give money upon taxes. I never received a stimulus.

B. Will the court negate (the text below I want to reply as a statement to his text on 1/8) as he has stated (but of course with no guarantee) that he
will give money.

I already started my discovery eviction process, and at some point, it will be put on the court calendar. Your prior text:
“give money upon taxes” is rather vague with no guarantee. So, when you are up-to-date on your rent payment(s) and there are no
other issues; I will then consider canceling it.

 

[LdiJ]

Stephan...point taken about no text messages for vital communication.

I agree on sending vital communication via certified mail. I did so via USPS for the 3 warning notices and the letter I sent him giving him an opportunity to exit the Lease early (which he did not take - FOOL). He acknowledged receiving them. Thereafter, I tried to send another communication and he did not answer the door on delivery attempts by the USPS. He would throw the postal notice on the ground. Playing the game that they did not receive it. Anyway, after that, I have only either briefly responded to his text or asked a brief question via text. Hence my text question (1/9) to his last one on 1/8.

You can ask for a delivery acknowledgment instead of certified mail. That doesn't require his signature, it just requires that the postperson sign a ticket acknowledging that they put it in his mailbox. Also, the certified mail that came back to you should be saved, unopened, so that you can open them in front of the judge and prove what you sent him. (that he refused to pick up)

 

[Just Blue]

Stephan...point taken about no text messages for vital communication.

I agree on sending vital communication via certified mail. I did so via USPS for the 3 warning notices and the letter I sent him giving him an opportunity to exit the Lease early (which he did not take - FOOL). He acknowledged receiving them. Thereafter, I tried to send another communication and he did not answer the door on delivery attempts by the USPS. He would throw the postal notice on the ground. Playing the game that they did not receive it. Anyway, after that, I have only either briefly responded to his text or asked a brief question via text. Hence my text question (1/9) to his last one on 1/8.

Farmer J is the volunteer who said to stop with the texting.

 

[Just Blue]

Gail,

1. What did you mean about not being the only way?

2. Per the link you sent stating the Tenant responsibility:

https://portal.ct.gov/Coronavirus/Covid-19-Knowledge-Base/Rent-and-Eviction

Posted 7/2/2020,

Beyond the Extension
A tenant should make every effort to pay as much rent as possible during the ongoing public health and civil preparedness emergency since, as set
forth above, tenants remain ultimately responsible for the full payment of rent for all months, even those impacted by the COVID-19 pandemic.

Late payment or nonpayment of any portion of rent should be a last resort where unavoidable. A tenant should be in communication with his or
her landlord and should work with his or her landlord to establish a payment plan or arrangement to repay all late or unpaid rent.

A. Could he be playing me by stating that he will "give money upon taxes" as stated in his text below?

1/8/2021:

Mike: - 2:01 pm

Update: I will be able to give money upon taxes. I never received a stimulus.

B. Will the court negate (the text below I want to reply as a statement to his text on 1/8) as he has stated (but of course with no guarantee) that he
will give money.

I already started my discovery eviction process, and at some point, it will be put on the court calendar. Your prior text:
“give money upon taxes” is rather vague with no guarantee. So, when you are up-to-date on your rent payment(s) and there are no
other issues; I will then consider canceling it.

It was not Gail that said that it was not2cleverRed. Read the name of the person you are responding to.

 

[dc4444]

Sorry, not2cleverRed. I will look closer next time. I adjusted the reply names as best I could. Sorry for the confusion.