Can I still ask for the remaining rent term on a lease if I file breach of contract instead of nonpaynment?
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Can I still ask for the remaining rent term on a lease if I file breach of contract instead of nonpaynment?
I am a landlord and went to court file eviction once already. However I think house specialist in the court said since I start the summons summary process(eviction), the lease is terminated already. Can I still ask the remaining rent term on the lease if I file breach of contract instead of nonpayment?
Asked on April 13, 2012 under Real Estate Law, Connecticut
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states, if a landlord sues for an eviction of his tenant and all unpaid rent as of the date of the filing, the eviction proceeding is a summary proceeding where the goal is to get the tenant out of the unit sooner rather than later. I always ask for future rent under the terms of the agreement if the court holds that the lease has been forfeited.
In your situation, I suggest that you file an amended complaint against the tenant before the upcoming hearing and have it served upon the tenant seeking future rent under the lease if the court holds the lease forefeited. Theories would be breach of contract, breach of the implied covenant of good faith and fair dealing where the remedy would be the forfeiture of the lease and damages.
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