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 [...]
By Ryan McKeen
I get this call every so often and I feel bad.
It usually goes something like this: I moved out when I was 19. Later that year Mom got evicted. I was not living there at the time. Now I’m 22 and the eviction is showing up on my credit and I can’t get [...]
I’ve written before about how the foreclosure crisis has impacted tenants in Connecticut.
The situation is sickening. I represented a 100 year old woman who lived alone in an apartment for close to 20 years and always paid her rent on time. She lived on the same street for over 40 years. Even at age 100, [...]
A few weeks ago, I was speaking with a housing specialist.
Housing specialists are trained mediators who spend their time getting parties to resolve housing cases.
We were talking about the length of time it takes to evict a tenant in Connecticut.
He said that Connecticut landlords need to have a reserve of at least 6 months of mortgage [...]
In Connecticut, evictions are a winner take all fight over possession.
Landlords are often surprised that the court cannot order a tenant to pay past due rent as part of an eviction proceeding.
Tenants are often surprised to learn that bringing their balance current with their landlord will not stop an eviction proceeding. This situation creates little [...]
Obtaining judgment by default is becoming more and more frustrating.
When time is of the essence, either in an eviction or collection matter the last thing a litigant needs to happen is to have a clerk send back paperwork because some clerk doesn’t like your military affidavit.
The affidavit requires a party to show facts sufficient to [...]
One of the most frustrating things about litigation, especially for a litigant, is when a case gets continued.
Litigation can be is very frustrating for all involved.
I think the continuance becomes most frustrating for parties in divorce cases. Divorces and child custody matters can have numerous court dates in a relatively short period of time.
Often, time [...]
I was reading this article in the Boston Globe which details how the cost of home heating oil is going to be significantly more expensive this coming winter than it was last winter.
I fear that this means we will also see a rise in house fires this winter as people seek to heat their dwellings [...]
Several years ago, I went to a landlord/tenant continuing legal education course. One of the instructors, a well respected authority on housing law, lamented that Connecticut Superior Court judges were not writing judicial opinions.
The instructor said that the absence of judicial opinions on housing law harmed both landlords and tenants.
Since that seminar, I’ve noticed that [...]
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 [...]
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