PRE-TERMINATION- “KAPA NOTICE”
In Connecticut, when a tenant has violated their lease, they must first be sent a pre-termination notice. In many cases the pre-termination notice must be sent prior to the Notice to Quit. The requirement to send a pre-termination notice does not apply when the breach of lease is based on non-payment of rent or for serious nuisance. This is commonly referred to as a Kapa Notice because of the case Kapa Associates v. Flores, 35 Conn.Supp. 274, 408 A.2d 22 (1979). The notice must give the tenant at least 15 days from the date of receipt to fix the breach. It must also notify the tenant that if the issue is not fixed within 15 days then the tenancy will be terminated. If the tenant rectifies the issue by making the necessary repairs or by paying damages to the landlord then the tenancy will not terminate. If the issues are not fixed and/or damages not paid then the landlord may then serve a notice to quit.
The rule are different for Section 8 tenants. To learn about the differences in evicting a Section 8 tenant please click here.