Tenant Entitled to Lost Wages for Owner's Illegal Entry

Facts: A tenant alleged that after he entered into possession of two units in a commercial building under a rental agreement, he found that the door lock had been changed and a “for rent” sign had been put up. He was told that he had been “locked out” because he failed to pay rent.

He regained access to the premises two days later after the owner changed the lock back as advised by the police. The tenant sued the owner for money damages, including double damages, as well as attorney's fees.

Decision: A Connecticut Superior Court ruled in favor of the tenant, but denied his claim for attorney's fees.

Reasoning: The court found that the tenant occupied and had not abandoned the premises. Once the lock was changed, the owner assumed possession and control of the premises and the tenant's possessions therein.

Under those circumstances, the court reasoned, the tenant would be required to cause damage to the premises or commit a breach of the peace to regain possession of the premises. As such, the owner violated the entry and detainer law.

The tenant lost wages of $1,120. He failed to show damages related to property damage. The court found that the owner's actions were precisely the type of misconduct that Connecticut laws were intended to prevent. Thus, the tenant was entitled to double damages, according to the court.

• Robert J. Carlson dba Bumper to Bumper v. Paul Pavano et al., February 2009