Connecticut Commercial Required Disclosures

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in Connecticut for advice specific to your situation. Information last verified: March 2026.

In the residential sector, Connecticut landlords must navigate a dense thicket of required disclosures ranging from bed bug notifications to fire sprinkler registries. The commercial sector is vastly different. Generally, the commercial real estate market operates on the doctrine of caveat emptor ("let the buyer/lessee beware").

Because commercial tenants are viewed as sophisticated business entities, Connecticut state law mandates very few specific consumer-level disclosures for commercial property leases. The heavy lifting of due diligence falls almost entirely on the commercial tenant before they sign the lease. However, there is one massive exception: Environmental Liability.

Environmental Disclosures and The Transfer Act

The state of Connecticut places a stringent focus on the remediation of contaminated land. Commercial landlords and tenants must be highly aware of their environmental liabilities under state and federal law.

The Connecticut Transfer Act

Perhaps the most significant piece of disclosure legislation affecting commercial properties is the Connecticut Transfer Act (C.G.S. § 22a-134). This act requires the disclosure of environmental conditions when transferring "Establishments."

An "Establishment" generally includes any real property where:

• More than 100 kilograms of hazardous waste was generated in any one month since November 1980.
• Hazardous waste was recycled, stored, or treated on-site.
• A dry cleaning, furniture stripping, or auto body repair business operated since May 1, 1967.

While entering into a standard lease without a purchase option does not technically trigger a "transfer" under the Act requiring formal DEEP (Department of Energy and Environmental Protection) filings, commercial landlords are still effectively required to disclose this status.

• A commercial tenant must conduct a Phase I Environmental Site Assessment (ESA) during their due diligence.
• If the landlord conceals known historical contamination, they face massive liability under both common law fraud and federal CERCLA (Superfund) laws.

Latent Material Defects and Fraud

Beyond environmental concerns, Connecticut landlords are bound by the general common law principles of fraud and misrepresentation.

A commercial landlord has a legal obligation to disclose any known "latent material defects." A latent defect is a hidden flaw or severe, dangerous condition in the property that:

1. Is known to the owner/landlord.
2. Is material to the safety or structural integrity of the premises.
3. Could not reasonably be discovered by the commercial tenant during a standard inspection.

For example, if a landlord knowingly conceals that the electrical system is hopelessly inadequate for commercial use and poses an immediate fire hazard, they can be held liable for fraudulent concealment.

Zoning and Use Restrictions

In Connecticut, it is strictly the commercial tenant's responsibility to verify that local zoning laws, municipal ordinances, and building codes permit their specific type of business to operate at the leased location.

Landlords are not legally required to "disclose" zoning barriers. Commercial leases frequently include provisions stating that the tenant has independently verified zoning compliance, shielding the landlord from liability if the city subsequently denies the tenant a certificate of occupancy.

See our Commercial Lease Requirements guide for incorporating these protective clauses.

Agency Disclosure (If Using Brokers)

If the commercial property is being leased with the assistance of licensed real estate agents or brokers, regulations by the Connecticut Real Estate Commission require the agents to disclose whom they represent.

• A broker representing the landlord must disclose this relationship to the prospective tenant early in the transaction.
• Dual agency (holding a fiduciary duty to both the landlord and tenant) must be explicitly disclosed in writing and consented to by both parties.

How Landager Helps Commercial Landlords

While statutory check-box disclosures are minimal in Connecticut commercial real estate, sharing massive quantities of critical property data during due diligence is essential for closing deals and mitigating environmental liability. Landager’s robust document management platform allows commercial landlords to securely store and permissionlessly share Phase I and Phase II environmental surveys, zoning resolutions, and historical building blueprints, ensuring a transparent and organized leasing process from day one.

Back to Connecticut Landlord-Tenant Laws Overview.