A Connecticut Superior Court Rules That An Eviction Action May Be Brought By Only One Owner Of Jointly Owned Property

Judge Weise held in the case of Toler v. Grant 2008 WL 9000815 (2008) that an eviction action can be brought by only one owner of jointly owned property.

 In other words, consent by other owners of jointly owned property is not necessary to evict a tenant.

In his opinion, Judge Weise examined a number of court opinions that all owners of the property must be made parties to an eviction.

In the end, Judge Weise conlcuded that Conn. Gen. Stat. 47a-23 does not place such a limitation on an eviction and that the term “owner” includes those with a shared or partial interest.

This is an issue that is clearly ripe for appellate review as there is a significant split in Superior Court rulings.

Where does this leave us?

At least in Hartford County (where Judge Weise sits) all it takes is one parent to decide to evict an adult child for an eviction to proceed. 

Ryan McKeen is a trial attorney at Connecticut Trial Firm, LLC in Glastonbury, Connecticut. In 2016, he was honored by the CT Personal Injury Hall of Fame for securing one of the highest settlements in the state. He is a New Leader in the Law. ABA 100. Avvo 10. 40 under 40 for Hartford Business Journal. He has been quoted in Time Magazine, the New York Times, Hartford Courant, Wall Street Journal Law Blog and the Hartford Business Journal. He focuses his practice on Connecticut Personal Injury law. He loves what he does. Contact him ryan@cttrialfirm.com or 860 471 8333

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