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Notice of Termination of Tenancy - Non-Renewal of Month-to-Month Lease - CT

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CJMZ

Junior Member
What is the name of your state? We own a multifamily home in CT, with a wife/husband and child renting from 2015.

Just before the showing at that time, we were in the process of doing some upgrades, painting, etc. from the previous tenants. This couple expressed interest but asked if we could move the timeline up as they had to vacate the home they were in sooner than the apartment would be ready. After some discussion, we agreed to reduce the rent by $125.00 per month to allow them the funds to do some of the upgrades to move in that timeframe. Structurally, the apartment was good and there have been no rent increases since then.

The apartment has a claw-foot tub, which she wanted to go as it was "old and antique", and wanted a modern tub. At times it would appear that she would cause issues(removed one of the feet and said it was broken, not use a shower liner to cause water damage) so that it could be replaced. Several years ago, she called to claim it was broken, but upon inspection, she admitted her son, a big guy, would pull on the faucet to pull himself out of the tub, which caused the issue. We fixed it and told her that in the future if she/their family causes the damage, they are responsible.

I just sent a formal increase notice in November 2023, to be effective 1/1/2024. I then learned via text she filed for divorce, it was almost finalized, and she left. She stated she had been paying rent so he had a place to live, but would no longer be doing so. However, since then, she's been in and out of the apt, some of her things are there and her pet is left there to be watched.

The husband responded to the rent increase notice and stated that he didn't agree, bathroom had too many issues. The main complaint is the hot water stopped after 5 minutes in the shower, and the water backed up. It appears that this issue is a result of rent being increased. I did get a licensed plumber to check and he did not find the water to turn cold after 5 minutes, water can be slow to drain after a while, but not cause much backup. The water heater is less than a year old, the diverter was fine and told me the water was extremely hot, and could not replicate what the tenant stated. He sent me an invoice and noted on it nothing was broken. The tenant said I was joking and not taking him seriously, and threatened everything you can think of. He did not pay the increase in January and told me that his January payment for the use of the apartment for December (not true), I don't think he realizes that rent is paid in advance.

I have now issued the tenants a termination of tenancy, based on the non-renewal of the month-to-month lease. I gave him approx 35 days' notice, and the termination date is 2/29. He now continues to text to complain that he is paying the increase only when I remodel, not just fix the plumbing in the bathroom, and that he's suing me etc. He is also complaining that I am evicting him. He does not understand it is not an eviction, but a termination of the month-to-month, and to leave by 2/29. I have not engaged in conversation about the remodel or other demands he has made. Im not sure he understands if I file, it will show up in court records if he goes to rent anywhere else.

My question is for the CT forms, as there is a notice to quit, a holdover notice or to start eviction proceedings. I did not have to file a notice to quit, the notice I sent for termination of the lease served that purpose. He has until the 10th under CT law to pay what is owed for the month of use. I can file for non-payment on the 11th, but can I file for holdover instead or with that as no payment and still there, despite giving him until the 29th? Not sure if it would complicate matters or easier I file as a holdover after the 29th and sue separately after he leaves for rent owed as a civil matter.
 


LdiJ

Senior Member
What is the name of your state? We own a multifamily home in CT, with a wife/husband and child renting from 2015.

Just before the showing at that time, we were in the process of doing some upgrades, painting, etc. from the previous tenants. This couple expressed interest but asked if we could move the timeline up as they had to vacate the home they were in sooner than the apartment would be ready. After some discussion, we agreed to reduce the rent by $125.00 per month to allow them the funds to do some of the upgrades to move in that timeframe. Structurally, the apartment was good and there have been no rent increases since then.

The apartment has a claw-foot tub, which she wanted to go as it was "old and antique", and wanted a modern tub. At times it would appear that she would cause issues(removed one of the feet and said it was broken, not use a shower liner to cause water damage) so that it could be replaced. Several years ago, she called to claim it was broken, but upon inspection, she admitted her son, a big guy, would pull on the faucet to pull himself out of the tub, which caused the issue. We fixed it and told her that in the future if she/their family causes the damage, they are responsible.

I just sent a formal increase notice in November 2023, to be effective 1/1/2024. I then learned via text she filed for divorce, it was almost finalized, and she left. She stated she had been paying rent so he had a place to live, but would no longer be doing so. However, since then, she's been in and out of the apt, some of her things are there and her pet is left there to be watched.

The husband responded to the rent increase notice and stated that he didn't agree, bathroom had too many issues. The main complaint is the hot water stopped after 5 minutes in the shower, and the water backed up. It appears that this issue is a result of rent being increased. I did get a licensed plumber to check and he did not find the water to turn cold after 5 minutes, water can be slow to drain after a while, but not cause much backup. The water heater is less than a year old, the diverter was fine and told me the water was extremely hot, and could not replicate what the tenant stated. He sent me an invoice and noted on it nothing was broken. The tenant said I was joking and not taking him seriously, and threatened everything you can think of. He did not pay the increase in January and told me that his January payment for the use of the apartment for December (not true), I don't think he realizes that rent is paid in advance.

I have now issued the tenants a termination of tenancy, based on the non-renewal of the month-to-month lease. I gave him approx 35 days' notice, and the termination date is 2/29. He now continues to text to complain that he is paying the increase only when I remodel, not just fix the plumbing in the bathroom, and that he's suing me etc. He is also complaining that I am evicting him. He does not understand it is not an eviction, but a termination of the month-to-month, and to leave by 2/29. I have not engaged in conversation about the remodel or other demands he has made. Im not sure he understands if I file, it will show up in court records if he goes to rent anywhere else.

My question is for the CT forms, as there is a notice to quit, a holdover notice or to start eviction proceedings. I did not have to file a notice to quit, the notice I sent for termination of the lease served that purpose. He has until the 10th under CT law to pay what is owed for the month of use. I can file for non-payment on the 11th, but can I file for holdover instead or with that as no payment and still there, despite giving him until the 29th? Not sure if it would complicate matters or easier I file as a holdover after the 29th and sue separately after he leaves for rent owed as a civil matter.
Since the deadline has not passed yet, you cannot file for a holdover until it does. However, I don't believe that he understands that you are serious about him moving out, so you are going to have to make that crystal clear to him if you want any hope of him leaving voluntarily.
 

CJMZ

Junior Member
Since the deadline has not passed yet, you cannot file for a holdover until it does. However, I don't believe that he understands that you are serious about him moving out, so you are going to have to make that crystal clear to him if you want any hope of him leaving voluntarily.
I have tried, as kindly and patiently as I can, but it falls on deaf ears. It took me 4 tries to explain rent is paid in advance of the month, and that when he has paid, it was not for the previous month.

I didn't know if a holdover would apply if he had not paid for February after the 11th or due to the increased amount for January not paid. I will research if I do go that route I can do so on 3/1 or if I have to wait additional days into a new month.
 

Zigner

Senior Member, Non-Attorney
I would strongly suggest that you retain an attorney to assist with this. You are in over your head, and your tenant will not make things easy.
 

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