Eviction in Connecticut:

Connecticut Eviction Laws

In Connecticut, Eviction is referred to as "Summary Process." The laws regarding Eviction in Connecticut are found in the Connecticut General Statutes under Title 47a - Landlord & Tenant. If you are a landlord in Connecticut, it is important to read and familiarize yourself with the Connecticut Eviction Laws.

Reasons to Evict in Connecticut

There are 3 reasons why a landlord can evict a tenant in Connecticut. The most common reason is non-payment of rent. The next most common is "Lapse of Time" which means that the tenant's lease has ended yet the tenant has not moved out. The last cause for eviction is the tenant creating a nuisance.

Connecticut Eviction Notice

The first step in the Connecticut Eviction Process is preparing the Eviction Notice. In Connecticut, the Connecticut Eviction Notice is formally called a "Notice to Quit Possession." The landlord should prepare this form properly, including on it the names of allthe adults who live at the premises. The landlord should make enough copies so that each adult receives one. The Connecticut Eviction Notice gives the tenants 3 days to vacate the premises. The 3 days are 3 full days, and do not include the day of delivery of the notice, or the last day they must move.

Serving the Notice to Quit

The Notice to Quit must be formally served. This means the landlord cannot do it personally. The landlord must look up the State Marshal for the county where the property is located, and pay the State Marshal to serve it. Once the State Marshal serves it, the State Marshal will return the original (called the Return of Service) to the landlord.

Summons and Complaint

After the tenant has been served the Notice to Quit, and 3 full days has elapsed, the landlord must move to the next step if the tenant is still there. The landlord should go to clerk's office with the original Notice to Quit and the Marshal's return of service, and complete what is called a Summons and Complaint. There will be a filing fee for the Summons and Complaint. The State Marshal will serve the Summons on the tenant, which gives the tenant a deadline to file an answer or make an "appearance."

Default Judgment

If the tenant does not answer the Summons and Complaint by the deadline, then the landlord wins the case automatically. This is called a "Default Judgment."

Trial

If the tenant files an answer by the deadline, the landlord will be sent a copy. The landlord may need to respond further, so the landlord should make sure to follow the court's instructions carefully. A trial date will be set. For the trial, the landlord should bring all paperwork, witnesses, leases, rent receipts, photographs, etc. The landlord must have proof and evidence to win the case! Before the trial, there might be an opportunity to reach a "settlement" with the tenant. This is called a "Stipulated Judgment," but is purely optional. After hearing both sides and examining the evidence, the judge will make a ruling. If the landlord wins, the judge will award the landlord a "judgment."

Execution

After the landlord wins a default judgment or regular judgment, a 5 day "Stay of Execution" is put in place. This means the tenant has 5 more days to stay in the property. In non-payment of rent cases, the tenant can apply for up to 3 more months in the property, as long as the tenant pays the back rent. However if tenant has not moved after 5 days, and has not filed for additional time, the landlord may apply to the court clerk for "Summary Process Execution." This is the final stage of the Connecticut Eviction Process. The State Marshal will give the tenant 24 hours to move or else be physically removed.

General Eviction Process Tips

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.