If Property Is Owned Jointly Is The Consent Of All Owners Required To Evict A Tenant? The Answer Is “Maybe”.
by Ryan McKeen
According to Judge Abrams, the answer is that all owners of jointly owned property must join together to commence an eviction action. Greene v. Cabarrus, DN: NHSP-08-098865 (Abrams, J.)
Judge Abrams’ ruling is consistent with Conn. Gen. Stat. Section 47a-23 which requires “the owner” to serve a notice to quit. In applying the law to the facts, Judge Abrams reasoned that the legislature could have used the words “an owner” and not “the owner” in 47a-23.
I think he’s right. The opinion is consistent with the rules of statutory interpretation.
Other Connecticut Superior Courts are split on this very issue. Making this ripe for appeal. However, appeals in summary process cases are rare. And in this case a check of the judicial branch website indicates that no appeal was filed.
I’ve written about how a different judge reached the opposite outcome on similar facts.
Just another issue to be aware of in the minefield that is Connecticut housing law.
The Connecticut General Assembly should consider clarifying 47a-23 during the next legislative session.
