Connecticut Eviction Process:

1. Notice to quit is served to vacate or correct an issue.

2. If tenant remains, a complaint is served and filed.

3. Tenant must file an appearance or is defaulted.

4. Mediation occurs and if unsuccessful a trial is held.

5. If a judgment enters a writ of possession (execution) is  posted.

6. CT State Marshal returns possession of the dwelling to the landlord.

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Evicting a tenant in Connecticut can take as little as four weeks depending on the circumstances.  Generally it takes around 6 weeks from the service of the first documents until you have your day in court.

 

Step 1. Notice to quit is served.
 

Landlords in Connecticut can start an eviction process for several different reasons including:

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1. Nonpayment of Rent- Once rent is past due (generally after the 10th of the month) a notice to quit must be served on the tenant prior to proceeding with  the eviction process.

2. Lease has expired by Lapse of Time-  If the original lease has expired or the tenant was a month to month tenant a landlord may use this to end the tenancy so long as the proper notice is given to the tenant.

3. Owner Wishes to Use the Rental Unit- If the owner/landlord of a rental unit wants to use the rental unit for their own bona fide personal use, a landlord may move to evict a tenant.

4. Discontinuance of Use of Rental Unit- If a landlord no longer wishes to rent out the rental unit, a landlord may move to evict a tenant if given proper written notice.

5. No right or Privilege- If a landlord has a "surprise" tenant that they did not know about a landlord can move to evict a tenant if given proper written notice.

6. Illegal Activity- if a tenant or other occupant of the rental is engaging in illegal activity such as gambling, selling narcotics or prostitutions, notice may or may not be required depending on law enforcement.

 

A notice to quit is a legal document that a landlord sends to tell a tenant that they want you to leave the property.  Depending on your circumstances a notice to quit can be either 3 days, 30 days or even more.  Most notices to quit provide for a 3 day move out.
 

Step 2. Complaint is filed and served.

If a tenant has not vacated by the end of the notice to quit period, Connecticut landlords must serve the tenant by a CT State Marshal with a summons and complaint and then file in the appropriate court house.  The summons and complaint must be served at least seven days before the return date and filed within three days before the return date.

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Note: if a tenant has filed a complaint with the housing authority within the last 6 months and you bring an eviction the court may dismiss the action on account that the eviction might be considered retaliatory. One way to get around this is by bringing the eviction as a landlord who wants to use the property for their own bonafide personal use.

 

Step 3.  Tenant files an appearance/answer or else is defaulted.

 

If the tenant does not file an appearance and answer within two days after the return date a landlord may file a motion for default for judgment for either failure to appear or failure to answer.  Additionally as of the day this guide was written a landlord must also file a cares act affidavit with the court.  

 

Step 4.  Mediation and Trial.

 

If a tenant has filed an appearance and answer the court clerk will set the matter down for mediation.  Connecticut State has highly trained and specialized mediators that help sort out any grievances tenants and landlords may have against one another.  The goal of mediation generally is to find a mutually agreed upon move out schedule so that the landlord can retake the property without having to put a tenant out on the street.  

If mediation is unsuccessful usually that same day the parties will go to trial and have a judge decide the case. 

Step 5.  If judgment enters at trial or after mediation an execution may issue for possession.

 

After judgment enters in an eviction lawsuit there is a statutory five day appeal period.  Thereafter a landlord may file an execution for possession.  Once the execution for possession is signed by a court clerk a landlord may go to a CT State Marshal who may repossess the property.

 

Step 6.  CT State Marshal moves out the tenant.

 

Once a CT State Marshal has an execution for possession they will in turn serve the tenant with a move out date.  On that move out date the Marshal will have a move out company physical move the tenant out of the property.  Fees for move out generally start at around $600.00.  

Please call Egan Law at (475) 731-2923 to start your initial consultation to begin the eviction process.