Free Connecticut Holding Deposit Agreement
Connecticut has no holding-deposit statute in the text recorded for this page. Its security-deposit definition, § 47a-21(a)(11), reaches “any advance rental payment” — but the cap and the return deadline are written for a tenant, a person “entitled under a rental agreement”, and a rental agreement may be oral. Whether a given holding deposit is a security deposit depends on whether an agreement to rent existed when the money was paid, and the statute does not say.
A holding deposit is money a prospective tenant pays to take a unit off the market before a lease is signed. Connecticut is one of the seven states compared here where the security-deposit definition is written broadly enough to make the question genuinely hard. Chapter 831 of the General Statutes is captioned “Security Deposits”, and § 47a-21(a)(11) defines a security deposit as “any advance rental payment” with named exceptions. Nothing in the definition says the payer must already be a tenant. But the cap in subsection (b) and the return and penalty in subsection (d) are written in terms of a “tenant” or a “tenancy”, and a tenant under § 47a-1(l) is a person “entitled under a rental agreement”. Because § 47a-1(i) makes a rental agreement “all agreements, written or oral”, the line between an applicant and a tenant can be crossed by a conversation. This page sets out what the text says, what it does not say, and what to write down so that the question of when an agreement was formed can be answered from a record rather than from memory.
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Connecticut defines the deposit broadly and then keys the cap, return and penalty to a tenant
Start with the definition, because it is wider than most people expect. § 47a-21(a)(11), verbatim: “‘Security deposit’ means any advance rental payment, or any installment payment collected pursuant to section 47a-22a, except an advance payment for the first month’s rent or a deposit for a key or any special equipment.” Three things follow from those words. The category is any advance rental payment, not a payment described by label — so calling money a “holding deposit”, a “reservation fee” or a “good-faith deposit” does not by itself take it outside the definition. The exceptions are stated narrowly, in the statute’s own words: “an advance payment for the first month’s rent or a deposit for a key or any special equipment”. And the definition refers to “section 47a-22a” for installment payments, a section this page did not retrieve and does not describe. Now read what the rules are attached to. The cap in (b) opens “In the case of a tenant under sixty-two years of age” and its second limb “In the case of a tenant sixty-two years of age or older”. The return rule in (d)(2) runs from “termination of a tenancy” and requires delivery “to the tenant or former tenant”. The penalty in the same paragraph is measured by the security deposit “paid by such tenant”. The escrow-disclosure duty in (h)(4)(A) runs from when “the landlord receives a security deposit”. So the definition is broad and the machinery is tenant-specific. A “tenant” under § 47a-1(l) is “the lessee, sublessee or person entitled under a rental agreement to occupy a dwelling unit or premises to the exclusion of others or as is otherwise defined by law”, and under § 47a-1(i) a rental agreement means “all agreements, written or oral”. That is the whole question in two definitions. Money from someone who is not yet entitled under any agreement is, on the literal text, not money from a tenant. Money from someone who has been told, and has agreed, that the unit is theirs may be money from a tenant under an oral agreement. The text does not tell you which a given holding deposit is.
Watch: Free Connecticut Holding Deposit Agreement — Fillable PDF explained
Connecticut holding deposit at a glance
Settle this first: is a Connecticut holding deposit a security deposit?
The statute does not say. § 47a-21(a)(11) defines a security deposit as “any advance rental payment”, but the cap and return rules are keyed to a “tenant” — a person “entitled under a rental agreement”, which § 47a-1(i) says may be oral. If an agreement to rent existed when the money was paid, every rule below may apply; if not, on the literal text, none of them does
The definition
“any advance rental payment, or any installment payment collected pursuant to section 47a-22a, except an advance payment for the first month’s rent or a deposit for a key or any special equipment” — § 47a-21(a)(11). It names no holding deposit and no applicant
The cap, if the money is a security deposit
“In the case of a tenant under sixty-two years of age”, not more than two months’ rent; “a tenant sixty-two years of age or older”, not more than one month’s rent — § 47a-21(b). Both limbs are written for a tenant
The return, if the money is a security deposit
“Not later than twenty-one days after termination of a tenancy or fifteen days after receiving written notification of such tenant’s forwarding address, whichever is later”, with accrued interest or an itemised statement — § 47a-21(d)(2). Violation: twice the amount of the deposit
The return rule is 21 days or 15 days, whichever is later — not 30 — and it prices a violation at double
If a holding deposit is a security deposit, this is the paragraph that governs its return, and it is quoted because any source quoting Connecticut at 30 days is quoting the annotation, not the statute. § 47a-21(d)(2), verbatim: “Not later than twenty-one days after termination of a tenancy or fifteen days after receiving written notification of such tenant’s forwarding address, whichever is later, each landlord other than a rent receiver shall deliver to the tenant or former tenant at such forwarding address either (A) the full amount of the security deposit paid by such tenant plus accrued interest, or (B) the balance … after deduction for any damages … together with a written statement itemizing the nature and amount of such damages.” The penalty is in the same paragraph: “Any landlord who violates any provision of this subsection shall be liable for twice the amount of any security deposit paid by such tenant, except that, if the only violation is the failure to deliver the accrued interest, such landlord shall be liable for ten dollars or twice the amount of the accrued interest, whichever is greater.” Two warnings. First, the section’s amendment history records P.A. 87-348 setting a thirty-day return; that figure is superseded, and a source quoting Connecticut at 30 days for the return is quoting the annotation, not the operative text. Second, notice what triggers the clock: “termination of a tenancy” and a written forwarding address. Both are events in the life of a tenancy. Where a holding deposit was paid by someone who never became a tenant, the paragraph supplies no trigger at all — and where an oral agreement made the payer a tenant, whether a withdrawal before move-in is a “termination of a tenancy” is something the text does not say.
How to take a holding deposit in Connecticut under § 47a-21
Write down, before taking the money, whether an agreement to rent has been reached
This is the fact the whole statute turns on. Under § 47a-1(i) a rental agreement includes an oral one, so the question is not whether a lease has been signed but whether the parties have agreed the applicant may occupy. State in the record either that the application is still under review and no agreement exists, or that the parties have agreed and this money is being taken as a security deposit under § 47a-21. Do not leave it unstated.
Keep the amount inside the cap that would apply if the money is a security deposit
§ 47a-21(b) limits a security deposit to two months’ rent for a tenant under sixty-two and one month’s rent for a tenant sixty-two or older. The statute does not say the cap applies to a holding deposit; it does say the cap applies to a security deposit, and a holding deposit may turn out to be one. Taking more than the cap and later finding an oral agreement existed is the exposure. Record the monthly rent the amount is measured against.
State what the money becomes on signing, and what it is if signing never happens
The definition excepts “an advance payment for the first month’s rent”. Whether holding money that will be credited to the first month is inside that exception, or is instead an “advance rental payment”, is not answered by the text. Say in the
