These revisions were prompted by a member inquiry as to what happens if a lease is signed well in advance of the beginning of the term - in particular by an out of state potential tenant - who never makes the payments or shows up to take possession of the unit. The revisions to section 2 and the first part of section 18 are designed to allow the landlord in such a situation to treat the lease as a nullity and to permit the reletting of the premises. Each of those sections provides that failure to make the first month’s rent payment and/or the security deposit payment are treated as evidence of the potential tenant’s election not to move forward with the lease.

The revisions to the second portion of section 18 address the situation where the rent and/or security deposit may have been paid but the tenant fails to take possession of the premises. Again, it is written in a manner that would allow the landlord to treat the lease as a nullity and to move forward with another tenant.

Below is the actual language that was added:

Under the RENT section:
If the first month’s rent is not paid within three (3) days of the date specified above, we will assume that you have no intention of taking possession of the Dwelling. As a result, the keys to the Dwelling will not be provided, and we will make efforts to re-let the Dwelling. The parties understand that should this occur, you may not sue us for entry and detainer or for any losses incurred in no longer being able to possess the Dwelling.

Under the SECURITY DEPOSIT section:
If the security deposit is not paid within three (3) days of the date specified above. we will assume that you have no intention of taking possession of the Dwelling. As a result, the keys to the Dwelling will not be provided, and we will make efforts to re-let the Dwelling. The parties understand that should this occur, you may not sue us for entry and detainer or for any losses incurred in no longer being able to possess the Dwelling.

If you do not take possession of the Dwelling within ____ days of the signing of this lease, then we will assume that you have no intention of taking possession of the Dwelling. As a result, the keys to the Dwelling will not be provided, and we will make efforts to re-let the Dwelling. The parties understand that should this occur, you may not sue us for entry and detainer or for any losses incurred in no longer being able to possess the Dwelling.

Additionally:
A paragraph has been added for the tenant(s) to acknowledge receipt of the educational materials prepared by the CT Department of Public Health advising of the importance of well water testing and the website for more information, if the property contains a private or semipublic well.