Connecticut Eviction Form – Fill Out and Use This PDF

A LANDLORD’S GUIDE TO

SUMMARY PROCESS (EVICTION)

State of Connecticut Judicial Branch

Superior Court

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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you may apply for a subpoena at the clerk’s ofice at

least 2 (two) days before the scheduled hearing date. If a judge grants the application, a subpoena will be issued.

The subpoena must be served on your witness at least 18 (eighteen) hours before your hearing date and time. The state marshal will charge you a fee to serve the subpoena.

On the day of the trial, your case will be called by the courtroom clerk. When your case is called, be sure to tell the clerk that you are present. After your case is called, you will meet with a Housing Mediator, who is a specially trained mediator, who will discuss the case with you and the defendant. The Housing Mediator will assist you and the defendant in working out a fair

settlement. If you and the defendant agree on a settle- ment, the agreement will be reviewed by the judge. If it is approved by the judge, it will be entered on the

record as a “Stipulated Judgment.” You will be given a copy of this, which you should be sure to keep.

You are under no obligation to settle your case. If you

do not work out an agreement, there will be a trial. The judge will hear the case and make a decision based on all of the evidence. The judge will either announce the decision in court or you will be notiied by mail.

EXECUTION

If a judgment for immediate possession is entered in your

favor, either by default or after a hearing, the defendant has a 5 (ive)-day Stay of Execution, not counting intervening Sundays, legal holidays, or the date of judgment.

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However, in cases of nonpayment only, the defendant can apply to the court for up to an additional 3 (three) months in which to stay, if the full amount of the back

rent and/or use and occupancy is paid to the court within 5 (ive) days of judgment, and an Application for a Stay of Execution is iled. In cases of termination of lease by lapse of time, the defendant can ile an Application for

Stay of Execution for up to an additional 6 (six) months

from the date of judgment. A hearing will be scheduled

to establish the actual amount of time the defendant

can stay, if any, and the conditions, if any. You will be notiied by mail of the date and time of the hearing on

the Application for a Stay of Execution.

If the defendant has not vacated the premises after the

5 (ive) full days expire or applied for an additional

Stay, as outlined above, you may obtain from the clerk’s

ofice a Summary Process Execution. (See JD-HM-2 on

page 21) The Execution must be completed by you and given to the clerk for signature. After the Execution is returned to you, you must give it to a state marshal for service on the defendant. The Execution informs the defendant that they must vacate the premises within a minimum of 24 (twenty-four) hours or be physically removed from the premises and if the defendant does not move the defendant’s possessions and personal effects they will be removed by the marshal and stored at the defendant’s expense. If the defendant does not claim those belongings, they may be sold by the town.

In order to obtain an Execution in cases in which a payment condition of a stipulated judgment has been violated, you must ile an Afidavit of Non-Compliance, available at the clerk’s ofice, stating exactly which

payment has not been made, along with a completed Execution form. (See JD-HM-22 on page 22) You must

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immediately mail a copy of the Afidavit to the defendant

or the defendant’s attorney. An Execution will not issue until the third business day after the iling of the Afidavit.

If the defendant iles an Objection, a hearing will be scheduled. If no Objection is iled, an Execution will

be signed and issued to you at the appropriate time.

In those cases in which a condition of a stipulated judgment other than a payment term has been violated, an Afidavit must be iled stating the condition which has been violated. A hearing before the judge will be scheduled. The judge will decide whether an Execution

should be issued. An Execution may only issue for

six months from the date of judgment or from the

termination date of a court-approved Stay of Execution, whichever is later.

LAWYER REFERRAL SERVICE

If you feel you need additional assistance, legal advice or representation, you should consult your attorney. You may obtain an attorney by contacting a Lawyer

Referral Service ofice. (See Appendix V for a listing of Lawyer Referral Service ofices.)

Note:

1.If there is more than 1 (one) plaintiff, all plain- tiffs may be required to sign Pleadings and to appear for all proceedings.

2.Only the clerk’s ofices of the Housing Sessions are authorized by C.G.S. §51-52(d) to assist parties representing themselves (pro se parties).

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APPENDIX I

LISTING OF HOUSING

SESSIONS BY TOWNS

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APPENDIX II

SUPERIOR COURT

HOUSING SESSION LOCATIONS

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APPENDIX III

GEOGRAPHICAL AREA COURT LOCATIONS

HANDLING HOUSING MATTERS

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APPENDIX IV

JUDICIAL DISTRICT COURT LOCATIONS

HANDLING HOUSING MATTERS

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APPENDIX V

LAWYER REFERRAL SERVICE OFFICES

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JD-HM-7: Notice to Quit Possession

You must quit (end) possession or occupancy of the premises described above and now occupied by you on or

If you have not moved out of the premises by the date indicated above, an eviction (summary process case) may be started against you.

Address of landlord (Submit to proper officer on a separate sheet if desired )

Return Of Service (To be completed by officer who serves (delivers) this notice)

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JD-HM-32: Summons

Summary Process (Eviction)

3.Attach the original summons to the original complaint, and attach a copy of the summons to each copy of the complaint. Also, if there are more than 2 plaintiffs or 4 defendants fill out form JD-CV-2 and attach it to the original and all copies of the complaint.

4.After service has been made by a proper officer, file the original papers and the officer's return with the clerk of court.

First Named Plaintiff

Additional

Plaintiff

First Named Defendant

Additional Defendant

Additional Defendant

Additional Defendant

For The Plaintiff(s) Enter The Appearance Of:

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JD-HM-8: Summary Process (Eviction)

Complaint Nonpayment of Rent

Location of premises (Number, street, town and unit or floor number)

3. The defendant used and occupied the premises as agreed under the lease and still occupies the premises.

6.The time given in the Notice to Quit possession for the defendant to move out of the premises has ended, but the defendant has not moved out.

The Plaintiff Asks The Court For Judgment For Immediate Possession Of The Premises.

("x" if this applies)

The plaintiff also asks for forfeiture to the plaintiff of the defendant's possessions and personal effects because this is a nonresidential property.

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JD-HM-20: Summary Process (Eviction)

Complaint Lapse of Time

Location of premises (Number, street, town, and unit or floor number)

3.The defendant used and occupied the premises as agreed to under the lease, and still occupies the premises.

4.The lease has terminated by lapse of time (the term of the lease has ended).

6.The time given in the Notice to Quit Possession for the defendant to move out of the premises has ended, but the defendant has not moved out.

The Plaintiff Asks The Court For Judgment For Immediate Possession Of The Premises.

("x" if this applies)

The plaintiff also asks for forfeiture to the plaintiff of the defendant's possessions and personal effects because this is a nonresidential property.

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JD-HM-9: Motion for Default

Failure to Appear

Motion for Default for Failure to Appear and Judgment for Possession

The plaintiff (landlord) asks that the defendant(s) (tenant(s) and/or occupant(s)) be defaulted for failing to file an appearance and that judgment for possession of the premises be entered for the plaintiff.

Military Service Affidavit

I say: ("X" the appropriate box)

the defendant(s) is (are) in the military or naval service of the United States.

that no defendant(s) in this action is (are) in the military or naval service of the United States, and that, to my personal knowledge (state facts showing defendant is not in such service and state source of knowledge of these facts):

I cannot find out whether or not the defendant(s) in this action is (are) in the military or naval service of the United States.

Certification

I certify that a copy of this document was mailed or delivered electronically or non-electronically on (date)to all attorneys

and self-represented parties of record and to all parties who have not appeared in this matter and that written consent for electronic delivery was received from all attorneys and self-represented parties receiving electronic delivery.

Name and address of each party and attorney that copy was mailed or delivered to*

*If necessary, attach additional sheet or sheets with name and address which the copy was mailed or delivered to.

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JD-HM-10 Rev. 2-12

C.G.S. § 47a-26a, Pr. Bk. § 17-30

Motion

The plaintiff (landlord) asks that the defendant(s) [tenant(s) and/or occupant(s)] be defaulted for not filing an answer or other pleading within the required time period. The plaintiff also asks that,

if the defendant(s) does not respond to this motion within three (3) days after it is filed, judgment for possession of the premises be entered for the plaintiff.

Certification

I certify that a copy of this document was mailed or delivered electronically or non-electronically on (date)to all attorneys

and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties receiving electronic delivery.

Name and address of each party and attorney that copy was mailed or delivered to*

*If necessary, attach additional sheet or sheets with name and address which the copy was mailed or delivered to.

This motion was heard and is ordered:

Granted and judgment is made in favor of the plaintiff.

Denied.

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JD-HM-2: Summary Process Execution for Possession

Address of premises (Number, street, town and apartment number)

TO: Any Proper State Marshal

By the authority of the State of Connecticut, you are commanded to give the Plaintiff(s) possession of the premises above, by putting the Defendant(s) and any other Occupant(s) bound by the judgment out of possession; if the Defendant(s) and such other Occupant(s) have not removed all their possessions and personal effects then you may remove them and deliver them to the place of storage designated by the chief executive officer of the town; prior to removal you must give the chief executive officer of the town 24 hours notice of the eviction, stating the date, time and address of the eviction as well as a general description, if known, of the types and amount of property to be removed from the premises and delivered to the designated place of storage. Prior to giving notice to the chief executive officer you must use reasonable efforts to locate and notify the Defendant(s) and any other Occupant(s) bound by the judgment of the date and time the eviction is to take place and the possibility of a sale of their possessions pursuant to section 47a-42 of the Connecticut General Statutes.

Notice To Defendant(s) (Tenant(s) and/or Occupant(s))

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JD-HM-22: Afidavit Re:

Noncompliance with Stipulation

The undersigned duly deposes and says that I am the plaintiff or plaintiff's attorney in the above-entitled matter and states as follows:

1.I am over the age of eighteen years and I believe in the obligation of an oath.

2.On the above-mentioned date of judgment, the defendant was ordered to pay use and occupancy and/or an arrearage to the plaintiff/plaintiff's attorney in the amount shown above. This payment was to be made on or before the payment date indicated.

3.To date, this payment has not been received.

4.I am therefore requesting that a Summary Process (Eviction) Execution for Possession issue.

Certification

Name and Address of Each Party Served (If necessary, attach additional sheet)

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