State Codes and Statutes

State Codes and Statutes

Statutes > Connecticut > Title47a > Chap830 > Sec47a-4

      Sec. 47a-4. Terms prohibited in rental agreement. (a) A rental agreement shall
not provide that the tenant: (1) Agrees to waive or forfeit rights or remedies under this
chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive,
47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of the
general statutes or any municipal ordinance unless such section or ordinance expressly
states that such rights may be waived; (2) authorizes the landlord to confess judgment
on a claim arising out of the rental agreement; (3) agrees to the exculpation or limitation
of any liability of the landlord arising under law or to indemnify the landlord for that
liability or the costs connected therewith; (4) agrees to waive his right to the interest on
the security deposit pursuant to section 47a-21; (5) agrees to permit the landlord to
dispossess him without resort to court order; (6) consents to the distraint of his property
for rent; (7) agrees to pay the landlord's attorney's fees in excess of fifteen per cent of
any judgment against the tenant in any action in which money damages are awarded;
(8) agrees to pay a late charge prior to the expiration of the grace period set forth in
section 47a-15a or to pay rent in a reduced amount if such rent is paid prior to the
expiration of such grace period; or (9) agrees to pay a heat or utilities surcharge if heat
or utilities is included in the rental agreement.

      (b) A provision prohibited by subsection (a) of this section included in a rental
agreement is unenforceable.

      (P.A. 76-95, S. 4, 27; 76-435, S. 75, 82; P.A. 77-451, S. 1; P.A. 79-571, S. 9; P.A. 82-274, S. 3; P.A. 87-154, S. 2; May
Sp. Sess. P.A. 92-11, S. 37, 70; P.A. 05-56, S. 1.)

      History: P.A. 76-435 revised effective date section of P.A. 76-95, see history to Sec. 47a-1; P.A. 77-451 substituted
"shall" for "may"; P.A. 79-571 revised list of applicable sections and deleted former Subsec. (c) prohibiting rental
agreements which would permit receipt of rent for period during which landlord fails to comply with Sec. 47a-7(a), see
Sec. 47a-4a; P.A. 82-274 amended Subsec. (a)(7) by restricting the limitation on the amount of attorney's fees to actions
in which money damages are awarded; P.A. 87-154 added Subsec. (a)(8) prohibiting a provision whereby a tenant agrees
to pay a late charge or to pay rent in a reduced amount prior to the expiration of the statutory grace period; May Sp. Sess.
P.A. 92-11 amended Subsec. (a)(4) to correct a statutory reference by replacing Sec. 47a-22 with Sec. 47a-21; P.A. 05-56
added Subsec. (a)(9) prohibiting heat and utilities surcharge clauses in residential leases, effective October 1, 2005, and
applicable to rental agreements or renewals of rental agreements signed on or after that date.

      Subsec. (a):

      See Secs. 47-24d and 47-24b, revision of 1958, revised to 1975, respectively, for prior law.

      Cited. 4 CA 209. Cited. 10 CA 527. Cited. 32 CA 133. Sec. 47a-4 et seq. cited. Id.

      Cited. 35 CS 151; Id., 549. Cited. 36 CS 611. Cited. 38 CS 683.

      Subsec. (a):

      Subdiv. (7) cited. 38 CS 341. Cited. Id., 393.

      Former subsec. (c):

      Subsection must be read so as to provide tenant with remedy for landlord's violation of section 47a-7(a), and therefore
tenant was not liable for rent while premises were uninhabitable; uninhabitability of premises excuses withholding of rent.
35 CS 151. Cited. 36 CS 47.