State of CT. Eviction for Serious Nuisance

[dc4444]

Connecticut

I have a Tenant that I want to evict for serious nuisance.

This is what I have in the Notice To Quit.

SERIOUS NUSIANCE
Conduct which presents an immediate and serious danger to the safety of other tenants or the landlord:

1.) I the third-floor tenant (the Landlord) who lives alone, feels threatened and feel I may be in danger.
- There is irreversible animosity now present between my second-floor male tenant Mike and myself after I complained to him about his
multiple lease violations. His behavior seems erratic and I have smelt pot coming from the apartment. I recently found out Mike has a criminal
record for assault. I believe there may be a rifle in the apartment which he is not supposed to possess while on probation. I am very concerned
about the hostile environment I now find myself in and his propensity for assault.
- On 1/5/2021, I got a phone text message from someone claiming to be Mike's probation officer - but would not provide credentials or call me.
The anonymous texter asked if Mike was now in his apartment. I contacted the Probation Office to see if Mike has a probation officer. He does -
Joe. Joe said that he did not text me.
-- This anonymous texter has my phone number and possibly my address. How? Did Mike give it to this person? I notified the police but I am
very concerned about this and feel I may be in danger.

2.) The first-floor elderly tenant who lives alone is now frightened and feels she is in danger.
- As the main front door of the building is blatantly not being locked at all times by Mike when he goes out as stated on the main front door.
She is afraid to go get her mail on the front porch as she never knows who may be out in the hallway and she can not defend herself.
- As there are guests that come to see Stephan without wearing masks and passing through the common main front door of the building she
is afraid they may have Covid-19 and she is in a high-risk group.

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Do these 2 rise to the standard needed to invoke a serious nuisance as it is defined in the statute?

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See: https://casetext.com/statute/general-statutes-of-connecticut/title-47a-landlord-and-tenant/chapter-830-rights-and-responsibilities-of-landlord-and-tenant/section-47a-15-noncompliance-by-tenant-remedy-of-breach-by-tenant-landlords-remedies

Conn. Gen. Stat. § 47a-15

Section 47a-15 - Noncompliance by tenant. Remedy of breach by tenant. Landlord's remedies

Prior to the commencement of a summary process action, except in the case in which the landlord elects to proceed under sections 47a-23 to 47a-23b, inclusive, to evict based on nonpayment of rent, on conduct by the tenant which constitutes a serious nuisance or on a violation of subsection (h) of section 47a-11, if there is a material noncompliance with section 47a-11 which materially affects the health and safety of the other tenants or materially affects the physical condition of the premises, or if there is a material noncompliance by the tenant with the rental agreement or a material noncompliance with the rules and regulations adopted in accordance with section 47a-9, and the landlord chooses to evict based on such noncompliance, the landlord shall deliver a written notice to the tenant specifying the acts or omissions constituting the breach and that the rental agreement shall terminate upon a date not less than fifteen days after receipt of the notice. If such breach can be remedied by repair by the tenant or payment of damages by the tenant to the landlord, and such breach is not so remedied within such fifteen-day period, the rental agreement shall terminate except that (1) if the breach is remediable by repairs or the payment of damages and the tenant adequately remedies the breach within such fifteen-day period, the rental agreement shall not terminate; or (2) if substantially the same act or omission for which notice was given recurs within six months, the landlord may terminate the rental agreement in accordance with the provisions of sections 47a-23 to 47a-23b, inclusive.

For the purposes of this section, "serious nuisance" means

(A) inflicting bodily harm upon another tenant or the landlord or threatening to inflict such harm with the present ability to effect the harm and under circumstances which would lead a reasonable person to believe that such threat will be carried out,

(B) substantial and willful destruction of part of the dwelling unit or premises,

(C) conduct which presents an immediate and serious danger to the safety of other tenants or the landlord,

or (D) using the premises or allowing the premises to be used for prostitution or the illegal sale of drugs or, in the case of a housing authority, using any area within fifteen hundred feet of any housing authority property in which the tenant resides for the illegal sale of drugs. If the landlord elects to evict based upon an allegation, pursuant to subsection (g) of section 47a-11, that the

 

[Zigner]

Honestly, it really doesn't sound like you have any evidence of what you allege. I would suggest that you speak to a local attorney for assistance.

 

[dc4444]

I seen the rifle. Not sure it is still there. But he is on probation and the probation officer said he is not supposed to have one.
Is that not enough?

 

[FarmerJ]

As to the first floor tenant as you may already know there is not much of anything that really can be done about the anti mask traffic. AS to your phone number any official from your county should be calling you from a phone where the outgoing information on Your caller ID would list the name of the county EG Pine county Sheriffs dept, Pine county (with no office name ) Is this tenant you would like to get out on a written lease for multiple months or a month to month tenant?

 

[Zigner]

I seen the rifle. Not sure it is still there. But he is on probation and the probation officer said he is not supposed to have one.
Is that not enough?

The key word is "evidence". While your assertion is "evidence", it would be considered highly biased in any court action. Again, speak with a local attorney.

 

[dc4444]

After that call, I called the local probation office and found out my Tenant is on probation. His officer said he did not text me. We are not sure what that is all about but it is alarming given the animosity now present. I mentioned seeing a rifle and he stated that he is not allowed to have one. So given his prior assault record, I don't know what could happen.

It is a written year lease.

 

[STEPHAN]

Did you do a background check when you signed the lease?

I can't see any evidence that would hold up in court.

 

[dc4444]

Ugh..the 1 and only time I did not! Beating my self up for that mistake.

 

[Just Blue]

After that call, I called the local probation office and found out my Tenant is on probation. His officer said he did not text me. We are not sure what that is all about but it is alarming given the animosity now present. I mentioned seeing a rifle and he stated that he is not allowed to have one. So given his prior assault record, I don't know what could happen.

It is a written year lease.

When does the lease expire?

 

[dc4444]

When does the lease expire?

July 2021

 

[not2cleverRed]

I seen the rifle. Not sure it is still there. But he is on probation and the probation officer said he is not supposed to have one.
Is that not enough?

If it's not enough for the probation officer to investigate the allegation of the probation violation, then no, it is not enough.

By the way, parole violations can lead to (re)incarceration. Being tossed in jail would achieve the same end as an eviction: he'd be out.

Also, you refer to some animosity from him. Does any of that animosity rise to the level of being overtly threatening? Has violence to you been threatened, and, if so, have you reported it to the police? If you believe that you are in danger of physical harm from your tenant, you need to effectively document events that would lead a reasonable person to be in fear. If there is enough evidence that your fears are reasonable, you might be able to successfully petition for a restraining order. Depending on the terms of a restraining order, this too might achieve the same end as an eviction.

 

[TimStudiesLaw]

Call the police on him the next time you smell the weed. I'd like to believe that would violate him quicker than the rifle.

 

[dc4444]

not2cleverRed,

Ok...thanks.

 

[dc4444]

Zigner,

I did meet with the police to see if they thought the text message I got was odd. They said yes and to call the local probation office to see if this individual is on probation. I did and he is. I went to the police as I thought that I may be in danger per this text(as well the animosity that exists). I am documenting all this and hence put it into the Special Nuisance notice to quit. [But it looks like you all are telling me it is not enough to hold up in court.]

When I told the probation office that I has seen a rifle being carried out the car, he did want to know more it and told me that he cannot have one. Yet, never said he would investigate. So the next day, I left a message for him to get his butt over here to look into it. Waiting for a reply.

No the animosity has not reached an overly threatening level - YET (and it may not who knows). That's the point with this individual. He may have a rifle and has the propensity for assault. Just seems like it is backward that I have to actually wait for it to happen and then report it to get a restraing order - if I am even alive to do so.