Evicting Elderly (62+) and Disabled Tenants in Connecticut: Section 47a-23c Exceptions Explained

Connecticut is known for having some of the most robust tenant protection laws in the country. In cities like Bridgeport, Waterbury, and Norwalk, landlords often assume that once a tenant's one-year lease expires, they can simply choose not to renew it and ask the tenant to leave. However, if your tenant belongs to a protected class, this is completely illegal. Navigating the eviction of elderly or disabled tenants requires extreme care to avoid discrimination lawsuits. This guide outlines the specific rules you must follow. To ensure compliance with state laws, it is highly recommended that you find a knowledgeable real estate lawyer in our US Lawyer Directory.

What is the Section 47a-23c Exception?

Under a critical state law, C.G.S. Section 47a-23c, certain tenants are shielded from "no-fault" or "lapse of time" evictions. This protection applies specifically to tenants who are 62 years of age or older, tenants with a physical or mental disability, or tenants who permanently reside with a spouse or sibling who meets these criteria. Furthermore, this law specifically applies to buildings or complexes that contain five or more separate dwelling units. If your tenant meets these conditions, you cannot evict them simply because their lease expired. They have a right to stay indefinitely, provided they continue to pay rent and follow the rules.

Defining "Good Cause" for Eviction

Because you cannot use a "lapse of time" reason, you must have "good cause" to evict a protected tenant. The state strictly defines what constitutes good cause.

Non-Payment of Rent

Even protected tenants must pay for their housing. If a tenant who is 62+ or disabled fails to pay their rent, this provides clear good cause for eviction. However, landlords must still follow the standard Summary Process timeline, beginning with a Notice to Quit after the legal grace period (usually 9 days for yearly leases) has expired.

Material Non-Compliance with the Lease

If the tenant is severely violating the terms of the rental agreement or state housing codes, you may have grounds for eviction. This includes creating a severe nuisance, destroying property, or engaging in illegal activities. However, for lease violations, you must usually give the tenant a chance to fix the problem before proceeding to court.

Owner Move-In (Good Faith)

Another exception under the good cause definition is if the landlord genuinely intends to permanently retire the unit from the housing market or if the landlord intends to move into the unit as their own primary residence. This must be done in absolute "good faith." If you evict an elderly tenant claiming you will move in, and then immediately rent it to someone else for more money, you can face massive financial penalties from the Commission on Human Rights and Opportunities (CHRO), Hartford, Bridgeport.

Step-by-Step Guide for Landlords

Evicting a protected tenant requires an extra layer of procedural caution. Your attorney will generally follow these steps.

Step 1: Verifying Protected Status

Before initiating any paperwork, verify whether the tenant qualifies for protection under C.G.S. Section 47a-23c. Determine the number of units in your building (5 or more) and verify the tenant's age or disability status. Ignoring this step often results in the judge dismissing your case immediately.

Step 2: Issuing a Pre-Termination Notice (KAPA Notice)

If you are evicting the tenant for a lease violation (not for unpaid rent), Connecticut law requires you to send a pre-termination notice, often called a "KAPA Notice" under C.G.S. Section 47a-15. This notice describes the violation and gives the tenant 15 days to cure (fix) the problem. If they fix it, you cannot evict them.

Step 3: Filing the Notice to Quit for Good Cause

If the tenant fails to pay rent or fails to cure the lease violation after the KAPA notice, your lawyer will draft the Notice to Quit Form JD-HM-7. Crucially, the reason listed on the notice must clearly reflect one of the statutory "good cause" exceptions, or the Superior Court will throw the case out.

How Much Does it Cost in Connecticut?

Evicting a protected tenant is often more expensive because Legal Aid organizations frequently step in to defend elderly and disabled individuals at no cost to the tenant.

• Court Filing Fees: The standard Superior Court fee to file the eviction is $175.
• Marshal Fees: Service of the legal documents will run between $100 and $200 in total.
• Attorney Fees: Because these cases frequently involve defenses related to the Americans with Disabilities Act or the state's Fair Housing Act, attorney fees are higher. Expect to pay between $1,500 and $4,000+ if the case goes to a full trial.

How Long Does the Process Take?

Because evicting an elderly or disabled tenant involves heavy scrutiny, the timeline is often extended. If you are serving a KAPA notice for a lease violation, that adds a mandatory 15 days right at the beginning. If the tenant raises disability discrimination as a defense, court scheduling and mediation can push the timeline to 3 to 6 months before you successfully regain possession of your property.

Frequently Asked Questions (FAQ)