Legal Question in Real Estate Law in Connecticut

Move Out Date

Moved out mid-August from rental unit, performed walk-thru with landlord and handed over keys. Provided fwd'ing address at that time.

Lease had 2.5 months remaining with the understanding that landlord would attempt to lease out. Unit is currently being updated (not repaired) with new tile floor,...

First issue: Did the 30 days for return of Security Deposit start when we handed the keys over and had the walk-thru or at lease termination or if a new tenant moves in...?

And second issue: should I feel that the landlord is not actively pursuing a new tenant, can I re-take the unit until lease termination of 10-31 or not have to pay the rent or...?

Thanks for your help! Thought I was being fair yet don't want to be taken advantage of.


Asked on 10/07/02, 11:55 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Move Out Date

Complicated question. Technically, once you breach and move out, landlord must use reasonable efforts to re-rent. Is updating reasonable? Probably, but does that mean the period for which you would be responsible excludes the period during which he is updating? Good question, don't think there's a definitive answer. You've probably lost your deposit in any event. You might be able to convince a judge that since you moved out mid-month, landlord should have been able to fix up, paint, clean & re-rent by the first. That's a tough sell. And no, you can't move back in. You breached the lease and left, so your out of luck there.

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Answered on 10/07/02, 12:07 pm


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