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 incentive for a tenant who knows that he is facing eviction to tender use and occupancy while the action is pending.
Therefore the name of the game for the tenant becomes delay. The longer a tenant delays the action the more time the tenant lives rent free.
If a landlord wants to collect past due rent the landlord must bring a separate lawsuit.
Other state’s have housing laws that are not a winner take all battle for possession. Tenants are able to pay past due rent and reinstate their tenancy.
I wonder if such laws would improve the state of housing law in Connecticut? I don’t pretend to know the answer.
I do know that the legislature should take a serious look at landlord/tenant law reform in Connecticut.