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HB 5440

AN ACT CONCERNING THE AWARD OF REASONABLE ATTORNEY'S FEES BY THE COURT IN ENTRY AND DETAINER CASES.

2026 Regular Session Introduced by Jason Doucette and 2 co-sponsors

Connecticut bill allowing courts to award attorney's fees to winning parties in eviction cases, potentially affecting tenant access to legal defense and housing stability.

PUBLIC HEARING 0320
#attorneys'fees #civilactions #damages #entryanddetainer
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Bill Summary · HB 5440

Legislative bill overview

HB 5440 would authorize Connecticut courts to award reasonable attorney's fees to prevailing parties in eviction (entry and detainer) cases. Currently, Connecticut law generally does not allow courts to award attorney's fees in these proceedings unless a statute or contract specifically provides for it. This bill would create a statutory basis for fee awards in landlord-tenant eviction disputes.

Why is this important

Attorney's fees represent a significant cost barrier in eviction cases. For tenants, legal representation is often unaffordable, potentially affecting their ability to mount a defense or access procedural protections. For landlords, fee recovery could incentivize pursuit of meritorious cases but might also increase litigation costs. This change could alter the cost-benefit analysis for both parties considering eviction or defense strategies.

Potential points of contention

  • Tenant protection vs. landlord efficiency: Allowing fee awards to prevailing landlords could make evictions more economically viable and increase housing instability, while benefiting tenants who prevail might not offset their broader disadvantage in accessing legal help
  • Defining "reasonable" fees: The bill's lack of specificity on what constitutes "reasonable" attorney's fees could lead to inconsistent court decisions and disputes over fee amounts
  • Access to justice concerns: Public interest organizations may argue this disadvantages low-income tenants who cannot afford legal representation and could face fee obligations if they lose, even in cases with legitimate defenses

Compiled from official sources — confirm details with the bill’s official record.

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