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The Connecticut Eviction form serves as a critical tool for landlords navigating the complexities of the eviction process, known formally as Summary Process. This form outlines essential steps, beginning with the Notice to Quit, which must detail the specific reasons for eviction, such as nonpayment of rent or lease termination due to the lapse of time. Landlords are required to provide accurate information regarding the tenants, including their names and addresses, ensuring that the legal documents are properly completed and served. Following the Notice to Quit, the process continues with the Summons and Complaint, where landlords formally initiate eviction proceedings in court. If a tenant fails to respond, default judgments may be sought, which can expedite the eviction process. The form also includes information about trials, where both parties can present their cases, and execution, the final step in the eviction process, which allows landlords to regain possession of their property. Additional resources, such as the Lawyer Referral Service, are available to assist landlords and tenants alike, highlighting the importance of legal guidance in these matters. The Connecticut Eviction form not only facilitates the procedural aspects of eviction but also underscores the need for clarity and adherence to legal standards throughout the process.

File Information

Fact Name Details
Governing Law The Connecticut Eviction process is governed by the Connecticut General Statutes, specifically Title 47a - Landlord and Tenant.
Notice to Quit The first step in the eviction process is the Notice to Quit Possession, which must include the names and addresses of all adult tenants.
Reason for Eviction Common reasons for eviction include nonpayment of rent and termination of lease by lapse of time.
Timeframe for Tenants The Notice to Quit must allow tenants at least three full days to vacate the premises after being served.
Multiple Tenants Eviction cases may involve multiple landlords, tenants, or defendants, despite the pamphlet's use of singular terms for clarity.

Connecticut Eviction Sample

A LANDLORD’S GUIDE TO

SUMMARY PROCESS (EVICTION)

State of Connecticut Judicial Branch

Superior Court

This material may be made available in an

alternate format, or other assistance may be provided upon request by a qualiied individual

with a disability under the provisions of the Americans with Disabilities Act.

TABLE OF CONTENTS

Notice to Quit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Summons and Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Default Judgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Lawyer Referral Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Appendices:

I. Listing of Housing Sessions by Towns . . . . . . . . . . . . . . . . . . . . 10 II. Superior Court - Housing Session Locations . . . . . . . . . . . . . . . 11

III. Geographical Area Court Locations

Handling Housing Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

IV. Judicial District Court Locations

Handling Housing Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

V. Lawyer Referral Service Ofices . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Court Forms:

JD-HM-7: Notice to Quit Possession - Nonpayment of Rent. . . . 15

JD-HM-32: Summons - Summary Process (Eviction) . . . . . . . . . . 16

JD-HM-8: Summary Process (Eviction) - Complaint Nonpayment of Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

JD-HM-20: Summary Process (Eviction) - Complaint

Lapse of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 JD-HM-9: Motion for Default - Failure to Appear. . . . . . . . . . . . . 19 JD-HM-10: Motion for Default - Failure to Plead . . . . . . . . . . . . . 20 JD-HM-2: Summary Process Execution for Possession . . . . . . . . 21

JD-HM-22: Afidavit Re: Noncompliance with Stipulation . . . . . 22

INTRODUCTION

This pamphlet is designed to inform you of the basic steps in an Eviction (Summary Process) action. It is not

intended as a substitute for the advice of an attorney.

The clerk’s ofice is not responsible for any errors or omissions in this pamphlet. If you feel you need more information or assistance, you should either consult an attorney or read the appropriate sections of the Connecticut General Statutes and Connecticut Practice

Book. The material in this booklet does not address the speciic law pertaining to commercial property leases,

and, therefore, should not be relied upon in cases involving commercial property disputes.

Note: This pamphlet refers to a single landlord, tenant or defendant for ease of reading only. Actual eviction cases may involve multiple landlords, tenants and/or defendants.

NOTICE TO QUIT

The irst step in the Summary Process (Eviction) procedure is the Notice to Quit Possession. The form you must use for the Notice to Quit, which the court will provide upon request, must be completed with

the exact name and address, including the apartment number, loor number or other designation, if any, of

each adult tenant you want to evict and must be signed

by you as the plaintiff/landlord. There must be an original Notice to Quit Possession and suficient addi-

tional copies for each tenant who lives there. You should also keep 1 (one) copy for your own records. (See JD-HM-7 on page 15)

You must state a reason on the Notice to Quit. The most frequently used reasons for evictions are non- payment of rent and termination of lease by lapse of time. These materials are designed to assist you in those types of cases. Evictions for other reasons may be more complex cases and are not addressed in this booklet.

Always include in the Notice to Quit Possession the names of all adults living in the premises. If you know that there are adults living in the premises, but you do not know their names, you may characterize them as John and/or Jane Doe, as appropriate.

In any eviction, the Notice to Quit must allow the tenant at least 3 (three) full days in which to move. This means that there must be 3 (three) full

intervening days between the date the Notice to Quit is served on your tenant and the last day speciied in

the Notice to Quit for the tenant to vacate the premises.

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The irst and last days are not counted in computing the 3 (three) days. (For example, if the Notice speciies that the

tenant must move out by May 15, the state marshal must serve the Notice no later than May 11.)

In all cases, the tenants have until midnight of the last day given to them in the Notice to Quit to vacate the premises before you can proceed with the Summons and Complaint, as explained below.

Month-to-Month Tenancy. In nonpayment of rent situations which involve oral or written month-to- month tenancies, the Notice to Quit cannot be served until the tenth day after the date the rent was due, not counting the due date. (For example, if the rent is due on May 1, the Notice to Quit cannot be served until May 11.)

However, the Notice to Quit may also be served during the month immediately following the nonpayment of rent in a month-to-month tenancy. (For example, if the rent due on May 1 is not paid, the Notice to Quit may be served at any time from May 11 through the end of June.)

Week-to-Week Tenancy. In nonpayment of rent situations

which involve oral or written week-to-week tenancies, the Notice to Quit cannot be served until the ifth day

after the rent was due, not counting the due date. (For example, if the rent is due on May 10, the Notice to Quit cannot be served until May 15.)

However, the Notice to Quit may also be served during the week immediately following the nonpayment of rent

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in a week-to-week tenancy. (For example, if the rent due on May 10 is not paid, the Notice to Quit may be served at any time from May 15 through the end of the next week, which would be May 23.)

Lapse of Time. In cases when an oral or written lease has terminated by lapse of time (“without cause evic- tion”), the tenant must be given at least 3 (three) full days and at least until the end of the time period to which he or she would normally have been entitled to vacate the premises. (For example, in an oral month-to- month situation running from May 1 to May 31, if the Notice to Quit is served no later than May 27, it must give the tenant at least until the last day of the month, which is May 31 in this case. If, however, the Notice to Quit is not served until May 28, it must give the tenant until June 1 to vacate.) (See JD-HM-7 on page 15)

The Notice to Quit must be formally served. Service by a state marshal will satisfy this requirement. The fee charged by the state marshal for service is approximately $35.00 to $45.00. After the state marshal serves the Notice to Quit, the original will be returned to you, with the state marshal’s signature, indicating that service was made. This is known as the State Marshal’s Return of Service.

SUMMONS AND COMPLAINT

If your tenant still has not moved after the last day given in the Notice to Quit, you must return to the clerk’s ofice

with the original Notice to Quit, the State Marshal’s Return of Service, and a completed Summons and

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Complaint. (See JD-HM-32 on page 16 for an example of a completed Summons. See JD-HM-8 on page 17 for an example of a Complaint issued for nonpayment of rent in an oral, month-to-month tenancy, and JD-HM-20 on page 18 for a Complaint issued for termination of lease by lapse of time in an oral month-to-month tenancy.) You will need to make 1 (one) original and a copy for each of the tenants/defendants. In addition, you should keep 1 (one) copy of everything for your records. Be sure to indicate in numbers 1 (one) and 3 (three) of either Complaint whether it is an oral or written week-to-week, month-to-month or year’s lease.

You must personally return to the court with your completed Summons and Complaint for the clerk’s signature on the Summons. Also, bring the original Notice to Quit with the State Marshal’s Return of Service. The clerk will set the return date on the Sum- mons. The return date is a date from which certain

time periods are measured, such as when the defendant must ile an Appearance or a Pleading (Response). The

return date can be any day of the week except Sundays and holidays. It is not necessary for you to appear in court on the return date because there will be no hearing on that date. After the clerk sets the return date and

signs the Summons, you should keep 1 (one) copy of all papers for yourself and give the original and suficient

copies for each defendant to the state marshal, who will serve a copy on each defendant and return the original to you. The fee for this service is approximately $45.00 to $60.00.

Once the state marshal returns the original Summons

and Complaint to you with the Return of Service noted, you must ile them at the clerk’s ofice with the original

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Notice to Quit, at least 4 (four) days before the return

date on the Summons. When iling these papers, you

must pay an entry fee to the clerk. As of the date of

printing, this fee is $175.00. Payment must be made at the time of iling by cash or check payable to Clerk,

Superior Court.

Always have the case name and return date available when inquiring about your case docket number, if it has previously been given to you.

DEFAULT JUDGMENTS

The defendant has 2 (two) full days after the return date to ile an Appearance in the case to contest the eviction. If no Appearance is iled by the third day after the return

date, you may request a Default Judgment for Failure to Appear. (See JD-HM-9 on page 19) In order to obtain

the Default Judgment for Failure to Appear, you must personally come to the clerk’s ofice to ile a Motion for

Default Judgment for Failure to Appear and a Military

Afidavit. The ofice will supply you with this form. You must mail a copy of this Motion to the defendant and ile

the original with the court. Keep 1 (one) copy for your

records and make a note of the case docket number. If no appearance is iled and all papers are in order, a judge

will enter a Default Judgment in your favor without the necessity of a hearing. You will be notiied by mail; therefore, please do not call the clerk’s ofice.

If, however, the defendant does ile an Appearance but

no Response to your Complaint (Pleading), you should

personally come to the clerk’s ofice and ile a Motion for

Default Judgment for Failure to Plead. (See JD-HM-10 on

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page 20) The clerk will provide you with this form. This

Motion will require that the defendant ile some type

of Response to your Complaint within 3 (three) days,

not counting Sundays and holidays, after the Motion is iled with the clerk’s ofice. A copy of the Motion must

be mailed to the defendant or the defendant’s attorney, if

there is one, and the original must be iled with the court.

Keep 1 (one) copy for your records and make a note of the case docket number. If no Pleading is iled within this 3 (three)-day period and all papers are in order, a judge

will enter a Default Judgment without the necessity of a hearing. You will be notiied by mail; therefore, please do not call the clerk’s ofice.

In all cases in which the defendant has an attorney to represent him or her, all court documents must be sent to the attorney and not to the defendant.

TRIALS

If the defendant iles a Response (Pleading), you will

receive a copy. If the Pleading is an Answer and Special

Defense(s), you must ile with the clerk a Reply to the

Special Defense(s), and mail a copy to the defendant

or the defendant’s attorney. A form for the Reply is available at the clerk’s ofice. A trial will then be

scheduled at which time the case may be heard by a

judge. You will be notiied of the date and time of the

hearing by mail. Be on time and bring all witnesses, receipts, and related documents to the hearing. This is very important or you may lose your case for lack of proof. If a witness will not come to court voluntarily,

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Common mistakes

When filling out the Connecticut Eviction form, individuals often make several common mistakes that can delay the process. One frequent error is failing to provide the correct names and addresses of all adult tenants involved. Each adult living in the rental unit must be accurately identified, including any apartment or floor numbers. Omitting this information can result in complications or even dismissal of the case.

Another mistake occurs when landlords neglect to sign the Notice to Quit. This document must be signed by the landlord to be valid. Without a signature, the court may consider the notice incomplete, leading to unnecessary delays in the eviction process.

Landlords sometimes forget to include a reason for eviction on the Notice to Quit. It is essential to state the specific grounds for the eviction, such as nonpayment of rent or lease termination due to lapse of time. Failing to specify a reason can lead to confusion and may hinder the court’s ability to process the case efficiently.

Many landlords also overlook the requirement that the Notice to Quit must allow tenants a minimum of three full days to vacate the premises. This means that the notice must be served with sufficient time for tenants to respond. If the notice does not meet this requirement, it may be deemed invalid.

In some instances, landlords do not keep a copy of the Notice to Quit for their own records. It is advisable to retain a copy for future reference, as it can serve as proof of the eviction process if any disputes arise later.

Another common error involves not providing enough copies of the Notice to Quit. Landlords must prepare an original notice and sufficient copies for each adult tenant residing in the unit. Failing to do so can complicate the legal proceedings and cause unnecessary delays.

Landlords may also mischaracterize tenants who are unknown to them. When the names of adult tenants are not known, they should be listed as John and/or Jane Doe. This ensures that the eviction process can proceed without further complications.

Finally, many landlords do not seek legal advice when necessary. While the forms are designed to be user-friendly, consulting with an attorney can provide valuable guidance and help avoid mistakes that could derail the eviction process.

Key takeaways

Understanding the Connecticut Eviction Process is crucial for landlords looking to navigate this legal landscape effectively. Here are key takeaways regarding the eviction form and process:

  • The eviction process begins with a Notice to Quit Possession, which must be filled out accurately with the tenant's name and address.
  • Landlords must provide an original Notice to Quit along with enough copies for each tenant and retain one for their records.
  • It is essential to specify a reason for the eviction, commonly non-payment of rent or lease termination due to lapse of time.
  • All adult tenants residing in the property should be named on the Notice to Quit. If their names are unknown, use placeholders like John or Jane Doe.
  • The Notice must give tenants at least three full days to vacate the premises, counting from the date it is served.
  • After serving the Notice, landlords must proceed to file a Summons and Complaint if the tenant does not leave voluntarily.
  • Landlords should be aware of potential default judgments if a tenant fails to respond to the Summons.
  • Consulting an attorney is advisable for navigating complex eviction cases or understanding specific legal nuances.

By following these guidelines, landlords can ensure they are taking the appropriate steps in the eviction process while adhering to Connecticut law.

Similar forms

The Notice of Termination is a document that serves a similar purpose to the Connecticut Eviction form. It is typically used in residential lease agreements to formally notify tenants that their lease will not be renewed or has been terminated. Like the Notice to Quit, it requires clear communication of the reasons for termination, which may include non-payment of rent or lease violations. Both documents aim to provide tenants with a specific timeframe to vacate the premises, ensuring that the landlord complies with local laws regarding notice periods.

The Lease Agreement is another document closely related to the Connecticut Eviction form. This legally binding contract outlines the terms of the rental arrangement between the landlord and tenant. While the eviction form addresses the end of the tenancy, the lease agreement establishes the conditions under which the tenancy begins. Both documents must be clear and precise to avoid misunderstandings, and they often reference each other, especially in cases where eviction may be pursued due to a breach of the lease terms.

The Summons is a key document in the eviction process, similar to the Summons and Complaint in the Connecticut Eviction form. It is issued by the court to inform the tenant that an eviction lawsuit has been filed against them. The Summons outlines the date and time of the court hearing, giving the tenant an opportunity to respond. Both documents are essential for ensuring that the tenant is aware of the legal proceedings and has the chance to defend themselves in court.

The Complaint for Eviction is another document that closely resembles the Connecticut Eviction form. It details the reasons for the eviction, including specific allegations against the tenant, such as non-payment of rent. This document must be filed with the court and served to the tenant, just like the Summons. The Complaint serves as the formal initiation of the eviction process, and both documents must be completed accurately to ensure compliance with legal standards.

The Motion for Default is a legal document that can be filed when a tenant fails to respond to the eviction proceedings. This motion is similar to the Connecticut Eviction form in that it seeks to expedite the eviction process. If granted, it allows the landlord to obtain a judgment without a hearing, provided that the tenant was properly notified. Both documents highlight the importance of timely responses and adherence to court procedures in eviction cases.

The Judgment for Possession is a court order that follows the eviction process, similar to the Connecticut Eviction form. It is issued by the court when the landlord prevails in the eviction lawsuit. This document formally grants the landlord the right to regain possession of the property. Both the Judgment for Possession and the Connecticut Eviction form are critical components of the legal framework governing landlord-tenant relationships, ensuring that due process is followed throughout the eviction process.

In the realm of legal documents related to property transactions, understanding the intricacies is key. For instance, when it comes to motor vehicles, having a comprehensive form like the New York Motorcycle Bill of Sale can mirror the importance of various rental agreements. Just as a Notice to Quit or a Lease Termination Letter ensures clarity between landlords and tenants, the Templates and Guide for a motorcycle sale safeguards the interests of both the seller and the buyer, effectively streamlining the ownership transfer process for a smooth and transparent transaction.

The Writ of Execution is another document that aligns with the Connecticut Eviction form. It is issued by the court to authorize law enforcement to remove a tenant from the property following a successful eviction. This document is the final step in the eviction process and is executed after the landlord has obtained a Judgment for Possession. Both documents underscore the legal authority required to enforce eviction orders and protect the rights of landlords.

The Affidavit of Service is a document that verifies that the tenant has been properly served with the eviction notices, similar to the Connecticut Eviction form. This affidavit is crucial in establishing that the tenant received all necessary documentation and was given the opportunity to respond. Both documents play a vital role in maintaining the integrity of the legal process and ensuring that tenants are informed of their rights and obligations.

Finally, the Tenant's Answer is a document that allows tenants to respond to the eviction lawsuit, paralleling the Connecticut Eviction form. This response outlines the tenant's defenses or reasons for contesting the eviction. Both documents are essential for ensuring that the tenant's voice is heard in the legal proceedings and that the court has all relevant information to make a fair decision.