• Waiver of Notice-To-Quit Provisions in Leases - Keep It Simple and Precise and No One Gets Hurt
  • July 12, 2013 | Author: Noble F. Allen
  • Law Firm: Hinckley, Allen & Snyder LLP - Hartford Office
  • Under Connecticut law, the only situation in which an eviction can be commenced without first serving the statutory Notice to Quit on the tenant is when the tenant's lease has lapsed — specifically termed "lapse of time." In all other scenarios, a landlord must first serve the tenant with a Notice to Quit as a condition precedent to the commencement of an eviction proceeding. However, in order for the landlord to bypass this penultimate step, the lease must have contained a waiver by the tenant indicating that it has expressly waived the service of the Notice to Quit in the event that the lease terminates by lapse of time. If the lease does not contain this express waiver, the landlord cannot seek refuge under the statutory protection of Conn. Gen. Stat §47a-25 ("Waiver of Notice to Quit") and must therefore serve a Notice to Quit against the tenant before commencing the eviction action.