Real Estate

Connecticut has a number of laws in place that govern landlord and tenant issues. Therefore, it is important that both landlords and tenants understand their legal obligations prior to entering into a contractual relationship. Below is an overview of some of the major issues that landlords and tenants in Connecticut should review with an attorney prior to signing a lease.

1. Disclosures – Connecticut law requires landlords to disclose a variety of information to tenants, including the identity of anyone authorized to act on behalf of the landlord.

2. Security Deposit Requirements –Connecticut has strict laws in place addressing the issue of security deposits, including the amount that landlords may charge for such deposits and when they must be returned.

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Common Real Estate Title Issues in Connecticut 

A title is a legal right to the ownership of property. Unfortunately, it’s not uncommon for title problems to arise during the purchase or sale of real estate in Connecticut. Below is a list of some of the most common title issues that purchasers and sellers of real estate encounter during real estate transactions.

• Public record errors - Clerical and filing errors occasionally present problems for the purchasers and sellers of real estate. When mortgage documents are incorrectly filed or lost, it can be difficult for a homeowner to obtain a title.
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Although residential and commercial real estate transactions are similar in certain respects, there are a number of differences between the two—particularly during the closing process. Therefore, one should not base his or her expectations regarding the former on previous experiences with the latter, and vice versa. Below are some of the differences between the residential and commercial real estate closing processes in Connecticut.

The Residential Closing Process

During a residential real estate closing, the purchaser provides all necessary documentation requested by the lender prior to receiving loan approval. Following approval, a title search is performed, and title insurance is purchased.
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There are a number of differences between commercial and residential real estate transactions. Whereas residential real estate is purchased by individuals for personal use, commercial real estate, due to the liability risks associated with its ownership, is usually purchased by entities for business purposes. There are a number of issues to consider when conducting commercial real estate transactions in Connecticut, including:

1. Title Issues - During the title review process, the condition of the title to be transferred from the seller to the buyer must be examined for exceptions. Any exceptions discovered, which can include encumbrances, reservations, and limitations, must be thoroughly analyzed and researched before moving ahead with the transaction.  
2. Survey Issues - An ALTA survey is a detailed survey performed by a licensed surveyor, prepared in accordance with standards specified by the American Land Title Association.
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Foreclosure is a legal process in which a lender takes steps to recover the balance of a loan via the forced sale of an asset used as the collateral for a loan. Connecticut has two versions of judicial foreclosure: strict foreclosure and foreclosure by sale. With strict foreclosure, the property secured by the mortgage is redeemed by the lender, while foreclosure by sale involves the sale of the property to pay off the outstanding loan amount. Below is an overview of the foreclosure process in Connecticut.
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Connecticut statutorily defines the rights and responsibilities of both landlords and tenants. Unfortunately, landlords and tenants sometimes fail to meet their legal obligations. When such situations occur, legal intervention is often necessary. Below is an overview of the rights and responsibilities of landlords and tenants in Connecticut.  

Connecticut Tenant Responsibilities 

Connecticut tenants are responsible for the following:

• The timely payment of rent. If a tenant fails to pay his or her rent on time, the landlord may initiate the eviction process;
• Keeping the property and surrounding areas clean and in good condition; 
• Keeping noise levels to a minimum so as not to disturb neighbors;
• Repairing damage to the apartment caused by the tenant or his or her guests;
• Informing the landlord of any major damage to the property;
• Informing the landlord of the need for repairs to the property;
• Giving the landlord permission to enter the property at a reasonably agreed upon time to make inspections or repairs;

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For homeowners in Connecticut, the consequences of failing to make one’s monthly mortgage payment can be devastating. With results ranging from foreclosure to bankruptcy, homeowners faced with such situations often wish that there was some way to make their mortgage payments more affordable. Fortunately, a program designed to avoid these outcomes is available to qualifying homeowners in Connecticut. This program, known as loan modification, allows debtors to remain in their homes while getting back on track financially. A loan modification is a change to an existing loan that results in affordable monthly payments.
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Anyone who breaks a real estate contract without a legally sufficient reason for doing so runs the risk of being sued for breach of contract. However, most real estate contracts contain provisions, known as contingencies, which allow a party to terminate a real estate agreement under certain conditions. Below are some of the most common real estate contract contingencies.

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Mother nature has once again decided to remind of us what a true—eh, mmm, how can I say this --- not so nice lady she can be, by dumping more snow and ice on our streets, driveways, yards and sidewalks. It’s those pesky snow and ice covered sidewalks that send people flying and falling and getting hurt that cause so many problems and light up lawyers’ eyes.

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