FacebookTwitterGoogle PlusRSS

Eviction Process for Connecticut

Eviction Process for Connecticut

connecticut Eviction Process for Connecticut

eviction process for Connecticut

The eviction process in Connecticut begins with a notice to quit possession. There is a specific form that they use and the form has to contain the exact name and address of each adult tenant, including the apartment number or floor number and must be signed by the plaintiff/landlord/agent. One original and one copy for each tenant who lives at the rental unit must be left at the rental unit. The notice to quit possession must state a reason for the notice. The notice to quit must allow the tenant at least three full days to move. There are special notice requirements for month to month tenants and weekly tenants.

The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes)  Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”

Eviction Process for Connecticut

The notice to quit must be formally served which in Connecticut is usually done by a state marshal for a fee of $35-$45. Once the marshall has served the tenant they will return a copy to the landlord.

If the tenant has not moved after the notice to quit the landlord must complete a summons and complaint form and include the original notice to quit and the marshals returned service. The landlord makes copies for each of the defendants and files that with the court. The summons and complaint form is served on the tenant by the state marshals office. Once the paperwork is returned to the landlord they file the paperwork and the case comes to trial at least four days after the return date. The tenant is given two full days after the return date to file an answer to contest the eviction. If the tenant does not file the appearance the landlord requests a default judgment on the third day. A copy of the request for a default judgment is mailed to the tenant and a copy filed with the court.

If the tenant files a response (pleading) the landlord gets a copy. If the defendant files a pleading that is an answer and special defenses, the landlord must file a response to the special defenses and mail a copy to the defendant. A trial is then scheduled. At the trial a housing mediator speaks to both sides and attempts to reach a settlement. If a settlement is reached it is reviewed by the judge; if approved it is a ”stipulated judgment.” If no settlement is reached in mediation and the judge hears both sides and renders a decision, sometimes on the spot or sometimes later.

If the defendant wins they go back to being a good tenant. If the landlord wins they get a judgment for immediate possession after a five day stay of execution to give the tenant time to move. In the event the execution is for nonpayment of rent, special procedures apply where the tenant can pay the back rent and apply for up to six months to stay in the unit.

If the defendant is not gone after the five-day stay of execution the landlord obtains a summary process execution which is signed by the clerk. The summary process execution is served on the tenant by the state marshal and gives the tenant 24 hours to move out or be physically removed from the premises.

Tenant’s possessions and personal property that are removed by the Marshall are stored at the tenant’s expense. If not claimed by the tenant they are sold by the municipality.

Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.

How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.

After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.

How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.

It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.

In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.

If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.

Other Useful Information Below

1)   Types of tenancies

The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.

2)   Bad mistakes that landlords make that can get them sued.

Click on the links below to see a quick summary of the problem

 

Constructive Eviction

 

Wrongful Eviction

 

Health and safety Violations

 

Retaliatory Evictions

 

Violations of Quiet Enjoyment

 

Unfair or Deceptive Trade Practices

 

 

 

3)   Getting the laws of your state

 

This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.

 

It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, go to the home page of this site, and look at the top menu for the state laws. Click on the dropdown menu and then click on your state. You will get a link where you can download your state’s laws.

 

See paragraph above for context of the notices below the paragraph begins “The eviction Notice”.

 

Letter of Eviction Notice

 

3 Day Notice to Quit

 

Landlord 30 Day Notice

 

3 Day Eviction

 

30 Day Eviction

 

3 day Eviction Notice

 

3 Day Notice of Eviction

 

Tenant Notice to Vacate

 

Notice to Tenant to Vacate

 

End Tenancy Letter

 

30 day Notice of Eviction

 

Notice to Vacate letter

 

Eviction Letters

 

3 Day Notice to Vacate

 

Notice to Tenants

 

Letter of Eviction

 

Vacate letter

 

Tenant Notice

 

30 Day Notice to Vacate

 

Lease termination letter

 

Notice to Evict letter

 

Eviction Notice

 

Notice to Vacate

 

Notice For Eviction

 

Home Eviction

 

Notice to End Lease

 

For the eviction process in other states, click the link below

Alabama     Alaska   Arizona    Arkansas   California  Colorado   Delaware Florida

Georgia   Hawaii   Idaho  Illinois   Indiana  Iowa  Kansas  Kentucky   Louisiana Maine Maryland 

Massachusetts  Michigan  Minnesota Mississippi  Missouri   Montana  Nebraska  Nevada 

New Hampshire  New Jersey  New Mexico  New York  North Carolina North Dakota  Ohio 

Oklahoma  Oregon  Pennsylvania  Rhode Island  South Carolina  South Dakota Tennessee

Texas  Utah  Vermont  Virginia  Washington, DC  Washington State West Virginia   Wisconsin  Wyoming


PinExt Eviction Process for Connecticut

{ 0 comments }