KAPA NOTICE: Have any landlords used this?

Question

I am a landlord in CT, typically we have to wait 10 days to file a "Notice to Quit" to have the tenant volunteerly move out in non payments of rent.  I've been through 5 evictions already and won each time so I understand the process.  Today I was studying all the literature found on various CT websites helping out tenants.  Mind you I do this to understand Landlord/Tenant law.  There unfortunately aren't any sites to help landlords ;)...  Anyway I was on one site that mentioned a KAPA NOTICE which is an informal letter sent to the tenant before you would submit a Notice to Quit.

My question is do any other landlords write these up? Pros/Cons?

Here is the website I read this - http://ctlawhelp.org/self-help-guides/housing/evic...

AKapa Notice is an informal warning letter that:

• Explains what you did wrong, and
• Tells you to stop or to pay for damages caused within 15 days. If the problem is not solved within 15 days, your landlord may send you a Notice to Quit.

Marcia Maynard · Answer

I think it is a good idea to keep up on what the tenant union sites and legal aid sites are advising tenants. Also, important to keep up on what landlord association sites and government sites are saying. Both are good for getting a well rounded picture for what is happening in our jurisdiction. We also read rental property management publications.

Here is the body of our Rent Past Due letter in case you want to borrow any ideas from it. Feel free to modify it to reflect terms of your agreement and the legal process for your jurisdiction:

=====

Dear
_____________________________,

Your rent is now past
due.  Please pay your rent promptly
so you may continue to live in the unit that you now occupy.

As per your rental agreement:

·     
Rent is due on the first
(1st) day of the month.

·     
Rent is late on the
second (2nd) day of the month.

·     
We allow a grace period
through the fifth (5th) day of the month to pay your rent without
incurring a late fee.

·     
On the sixth (6th)
day of the month we charge a late fee of fifty dollars ($50.00).

·     
If we do not receive
your rent in full in a timely manner, we will serve you with a 3-day legal
notice, “Notice to Pay Rent or Quit”. 
Each time we serve a legal notice, we charge an additional twenty
dollars ($20.00).

·     
If you do not follow the
terms of the “Notice to Pay Rent or Quit” we may then begin eviction
proceedings against you and you will be charged with the crime of “Unlawful
Detainer” if a judge upholds our claim.

The amount of rent now due,
as of today’s date _________________, is as follows:

Current Month Late Fee         _______________

Current Month Rent         _______________

TOTAL DUE                  _______________

Time is of the essence.  If you have not already posted your
rent via the mail, please call us immediately to make arrangements for us to
collect the rent in person.

Thank you for your prompt
attention to this matter!

Sincerely,

Fischer Properties – Owners

Dick Rosen · Answer

That sounds more like a lease violation notice other than non-payment of rent. I have used those before, it's basically just a warning to correct the issue or they will be in breach of their lease and could be evicted. I use strictly Pay or Quit notice for non-payment, no warnings. The late fee is their warning.

Catherine Delgado · Answer

Thanks so much for the information. I have found that I need to use a New Haven county state Marshal. Any referrals would be appreciated!

Mat O'Grady · Answer

@Catherine Delgado

If the property is held in an LLC and a lawyer needs to do the eviction.

If you hold the property in your own name, you can do the eviction process yourself.

I believe the law states that the person serving the Notice to Quit has to be a third uninterested party. I would find a state marshall to serve the notice for you because you are most likely going to need to do all the other steps anyways.

I would second @Jonathan Makovsky. If you mess up, the process could have to get restarted and that would not be fun.

Mark Avery · Answer

Thanks for that @Jonathan Makovsky.  Always good to know.

Jonathan Makovsky · Answer

Sorry to hear. I always use an attorney and therefore a marshal. Here is the statute in Connecticut: https://www.cga.ct.gov/current/pub/chap_832.htm#se...

Our eviction attorney only practices eviction law, so aside from the time I think has saved us more money than we paid him. Also, just make sure to follow the law carefully because one misstep and you might need to start from the beginning.

Catherine Delgado · Answer

I know this thread is a few years old but I was wondering if the anyone could share the CT “Notice to pay or quit” letter they use. Also can the letter just be taped to the door or does it need to be personally be served ( by a friend of mine) or must I pay a marshall to serve this letter? I’m doing this for this first time. Good tenant turned bad over the last year after 5 good years.

Mike Moreken · Answer

Thank you, yes will modify if I use it.  Not same laws + terms used in socialist state of NJ.

I am going to push hard to get automatic debits setup with the tenant.  No looking a letter date, etc.

Mike Moreken · Answer

It appears KAPA is a legal idea in CT.   Rather than look at lawyer sites I would try to pull data from a CT government site, or as last result consult an eviction lawyer.  I plan to follow roughly Marcia's steps.

Mike Moreken · Answer

Nice local government turn around!  Clock ticks, late, 5 days later boom.  Nice policy.

KAPA NOTICE: Have any landlords used this?

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