Connecticut Senate Bill SB00233

Connecticut 2017 Regular Session

• Introduced: 1/18/17
• Refer: 1/18/17

Caption

An Act Concerning The Authority Of A Probate Court Judge To Evict A Tenant Who Unlawfully Occupies Real Estate That Is An Asset Of An Estate.

Impact

The bill's passage could significantly impact state laws governing property rights and tenancy, particularly in the realm of probate law. It offers a solution to previously complicated situations where tenants simply remained in properties without legal standing, thereby providing a clearer pathway for property managers and estate executors. Furthermore, it is anticipated that this measure will expedite the resolution of disputes over estate properties, allowing heirs and executors to regain control over assets that are critical to the estate's value and management.

Summary

SB00233 proposes an amendment to section 45a-98 of the general statutes that would grant Probate Court judges the authority to evict individuals who unlawfully occupy real estate classified as assets of an estate. This change seeks to clarify and enhance the probate process regarding real estate management, particularly in cases of tenancy disputes that can arise following the death of a property owner. By enabling judges in probate courts to handle eviction matters directly, this bill aims to streamline processes and reduce the delays currently experienced in such cases where property rights are contested.

Contention

However, there may be notable points of contention surrounding SB00233. Critics may argue that empowering probate judges to evict tenants could undermine tenant protections, particularly for those who occupy properties in good faith or have emotional ties to the homes they inhabit. The balance of protecting tenants' rights while also facilitating estate management is a delicate one, and stakeholders might raise concerns regarding fairness and transparency in the eviction process. Additionally, ensuring that adequate notice and legal due process are maintained during evictions will be integral to the bill's implementation.