COVID-19: Landlord – Tenant Issues
By: Adam Lyke
April 3, 2020
The business disruption caused by Covid-19 is making paying rent difficult for many businesses. There are currently a number of new barriers, discussed below, preventing landlords from evicting tenants that provide some breathing room for tenants. However, if tenants fail to pay their rent without making any agreement with their landlords, overdue rent will continue to accrue, making it difficult, if not impossible, to stay current. Commercial tenants and landlords wishing to evaluate their options in the wake of actions taken by Governor Lamont and the Connecticut Superior Court may wish to contact legal counsel.
Remember that landlords must go through the eviction process in order to evict tenants from their residence or commercial rental property. Landlords cannot engage in self-help, such as changing the locks or removing property from the premises. See Conn. Gen. Stat. Ann. §§ 47a-43, 47a-46, and 53a-214.
There are currently a number of new protections against eviction proceedings. On March 19, 2020, Governor Lamont issued Executive Order No. 7G, which suspends non-critical court operations and associated requirements. See https://jud.ct.gov/HomePDFs/Executive-Order-No-7G.pdf On March 20, 2020, State of Connecticut’s Judicial Branch issued an immediate stay of any pending evictions through May 1, 2020. See https://jud.ct.gov/Execution_stay.pdf. This prevents any pending eviction proceedings from going forward.
At the same time, there are further barriers to the commencement of new eviction proceedings. The Judicial Branch has limited any legal motions and hearings before judges to “priority 1 business functions.” Priority 1 business functions are criminal, juvenile detention and major family probate matters. See https://jud.ct.gov/COVID19.htm. Importantly, they do not include eviction proceedings. In addition, on March 25, 2020, the Judicial Branch announced the suspension of various rules, including Practice Book § 3-2, which requires parties to file appearances within a certain period of time. This means that on new claims brought, the defendant has additional time to prepare and file an answer to the complaint. This will in turn have the effect of slowing down eviction proceedings. Of specific relevance here is the suspension of Practice Book § 17-30 (a) and (b), which detail the summary process procedures applicable to eviction proceedings. Normally, these rules provide for speedier eviction proceedings. The Superior Court has explained, however, that “[c]learly, we don’t want these provisions to be enforced against tenants right now.” https://jud.ct.gov/Committees/rules/meeting.htm.
It is not clear how long these new restrictions will last. Executive Order No. 7G stated that it took effect immediately and would “remain in effect for the duration of the public health and civil preparedness emergency, unless earlier modified by [the governor.]” In other words, stay tuned.