Landlord / Tenant pre-termination “KAPA” Notice

The eviction process in Connecticut, begins with a Notice to Quit. This Notice sets forth the reason why the Landlord is starting the Summary Process (eviction) case, such as for example “Non Payment of Rent”, or “Lapse of Time”. The Summary Process (eviction) complaint is filed in court after a proper Notice to Quit is served.

However, on occasion, a “pre-termination notice” (also known as a KAPA notice), is required even before the Notice to Quit is served.

A “pre-termination notice” can refer to the notice that must be provided, under federal law, before a landlord is permitted to initiate eviction proceedings against a tenant who occupies federally subsidized housing. Connecticut law also requires a pre-termination notice under certain circumstances. See General Statutes § 47a-15 (requiring a landlord to provide pre-termination notice to the tenant before filing any eviction action based, among other things, on alleged material noncompliance with terms of lease, unless the noncompliance involves nonpayment of rent or serious nuisance). This state statutory requirement, often called a Kapa notice, see Kapa Associates v. Flores, 35 Conn.Supp. 274, 408 A.2d 22 (1979), requires the landlord to give the tenant at least fifteen days to cure the alleged non-compliance before any lease termination becomes effective.

Mistakes made early on in an eviction case, might not be discovered until weeks or months later. Working with an experienced attorney early in the process, is important in this area of the law.