Sec. 47a-18a. Judicial relief if landlord unlawfully enters. - Connecticut Statutes

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Statutes > Connecticut > Title47a > Chap830 > Sec47a-18a

      Sec. 47a-18a. Judicial relief if landlord unlawfully enters. If the landlord makes an entry prohibited by section 47a-16 or 47a-16a, or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees. The tenant may also obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement.

      (P.A. 79-571, S. 25; P.A. 89-254, S. 7.)

      History: P.A. 89-254 restated provisions to clarify that the tenant does not have to obtain injunctive relief or terminate the rental agreement in order to recover actual damages.

      Cited. 32 CA 133. Cited. 45 CA 46. Term "one month's rent" includes all rent payments made to the landlord, regardless of their source and therefore includes both tenant's portion and subsidized portion of rent payments made to the landlord. 88 CA 193. The attorney's fees provision found in Sec. 47a-18a is not limited to percentage of the award of damages. Other factors relevant to reasonableness of an award of attorney's fees under the statute include work performed by counsel, as documented by the attorney's affidavits, prevailing hourly rates or the award of attorney's fees in similar cases. Id. Where damages awarded under section encompass the same conduct as for damages awarded pursuant to Sec. 47a-46, the sum for actual damages may not be included in the award pursuant to both this section and Sec. 47a-46. 89 CA 836.

      Cited. 38 CS 683.

State Codes and Statutes

Statutes > Connecticut > Title47a > Chap830 > Sec47a-18a

      Sec. 47a-18a. Judicial relief if landlord unlawfully enters. If the landlord makes an entry prohibited by section 47a-16 or 47a-16a, or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees. The tenant may also obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement.

      (P.A. 79-571, S. 25; P.A. 89-254, S. 7.)

      History: P.A. 89-254 restated provisions to clarify that the tenant does not have to obtain injunctive relief or terminate the rental agreement in order to recover actual damages.

      Cited. 32 CA 133. Cited. 45 CA 46. Term "one month's rent" includes all rent payments made to the landlord, regardless of their source and therefore includes both tenant's portion and subsidized portion of rent payments made to the landlord. 88 CA 193. The attorney's fees provision found in Sec. 47a-18a is not limited to percentage of the award of damages. Other factors relevant to reasonableness of an award of attorney's fees under the statute include work performed by counsel, as documented by the attorney's affidavits, prevailing hourly rates or the award of attorney's fees in similar cases. Id. Where damages awarded under section encompass the same conduct as for damages awarded pursuant to Sec. 47a-46, the sum for actual damages may not be included in the award pursuant to both this section and Sec. 47a-46. 89 CA 836.

      Cited. 38 CS 683.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title47a > Chap830 > Sec47a-18a

      Sec. 47a-18a. Judicial relief if landlord unlawfully enters. If the landlord makes an entry prohibited by section 47a-16 or 47a-16a, or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees. The tenant may also obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement.

      (P.A. 79-571, S. 25; P.A. 89-254, S. 7.)

      History: P.A. 89-254 restated provisions to clarify that the tenant does not have to obtain injunctive relief or terminate the rental agreement in order to recover actual damages.

      Cited. 32 CA 133. Cited. 45 CA 46. Term "one month's rent" includes all rent payments made to the landlord, regardless of their source and therefore includes both tenant's portion and subsidized portion of rent payments made to the landlord. 88 CA 193. The attorney's fees provision found in Sec. 47a-18a is not limited to percentage of the award of damages. Other factors relevant to reasonableness of an award of attorney's fees under the statute include work performed by counsel, as documented by the attorney's affidavits, prevailing hourly rates or the award of attorney's fees in similar cases. Id. Where damages awarded under section encompass the same conduct as for damages awarded pursuant to Sec. 47a-46, the sum for actual damages may not be included in the award pursuant to both this section and Sec. 47a-46. 89 CA 836.

      Cited. 38 CS 683.