Connecticut General Statutes 42-397 – Limitation on choice of law and venue
(a) The parties to a consumer lease may not choose the law of a jurisdiction unless it is a jurisdiction in which:
Terms Used In Connecticut General Statutes 42-397
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Venue: The geographical location in which a case is tried.
(1) The lessee principally resides when the lease is consummated;
(2) The lessee will principally reside within thirty days after the lease is consummated;
(3) The leased goods are to be used; or
(4) Subject to subsection (b) of this section, the leased goods are physically received by the lessee.
(b) If the law chosen by the parties to a consumer lease under subdivision (4) of subsection (a) of this section is the law of a jurisdiction other than this state and the holder acts or initiates an action in this state to enforce rights arising from the lease against a lessee who is a resident of this state, the following rules apply:
(1) The holder’s act or action is subject to sections 42-394, 42-395, 42-396, 42-398, and 42-399 and, except for a disclosure that would have been required by sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, to be made before the holder’s act or action, to sections 42-408 to 42-415, inclusive, and 42-418 to 42-423, inclusive.
(2) The holder’s act or action is subject to sections 42-424 to 42-431, inclusive, if the holder’s act or action violates a provision of sections 42-270 to 42-271a, inclusive, and 42-390 to 42-434, inclusive, made applicable by this subsection.
(c) Notwithstanding any provision in a consumer lease, an action by a holder against a lessee to enforce the holder’s rights under the lease must be brought in the venue of the lessee’s residence.
(d) Notwithstanding any provision in a consumer lease, a lessee may maintain an action against a holder in any judicial forum that otherwise has jurisdiction over the holder.