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Steps of the eviction process in Connecticut:
Timeline. Evicting a tenant in Connecticut can take around four to seven weeks, depending on the reason for the eviction. If the tenant requests a continuance or a stay of execution, the process can take longer (read more).
Introduction. Landlords who are wanting to evict a tenant in Connecticut must have legally evidence for eviction (or otherwise known as “summary process”). Landlords shall follow the rules and procedures of Connecticut’s laws to move forward the summary process. Below are the individual steps of the eviction process in Connecticut.
Step 1: Notice is Posted
Landlords in Connecticut can begin the eviction or summary process for several reasons, including:
- Nonpayment of Rent – Once rent is past due, notice must be served on the tenant prior to proceeding with the eviction process.
- Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, depending on the type of violation, the landlord may or may not be required to give the tenant the option to correct the violation.
- No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given to the tenant.
- Owner’s Personal Use of Rental Unit – If the owner/landlord wishes to use the rental unit for their own personal use, they must provide written notice to the tenant prior to moving forward with the eviction process.
- Discontinuance of Use of Rental Unit – If the landlord/owner no longer intends to rent out the rental unit, tenants must receive prior written notice.
- Refusal to Accept Rent Increase – If a tenant refuses to accept a reasonable and fair rent increase, the landlord may evict them with proper written notice.
- Illegal Activity – If a tenant or any other occupant of the rental unit is engaged in illegal activity, notice may or may not be required, depending on whether there is a conviction.
- Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
- Evicting a Squatter. If the individual occupying the property never had the right or privilege to live in the rental unit (through a verbal/written agreement with the landlord or another tenant), landlords would follow the summary process (eviction) procedures under Connecticut law (read more).
Each possible ground for eviction has its own rules for how the process starts.
Eviction Process for Nonpayment of Rent
A landlord is allowed to evict a tenant for failing to pay rent on time. According to Connecticut law, rent is considered late if it is paid four days after the due date for a one-week tenancy, or nine days after the due date for all other tenancies.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Quit if the landlord wants to continue to file an eviction action with the court. This notice gives the tenant three days to move out in order to avoid eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Violation of Lease Terms / Rental Agreement
Connecticut landlords must allow tenants to correct a material noncompliance with the lease/rental agreement by providing them with a 15-Day Notice to Comply, giving tenants 15 days to correct the issue in order to avoid eviction.
Typical lease violations under this category could include negligently or deliberately damaging the rental property, having too many people residing in the rental unit, having a pet when there’s a no-pet policy, and any material health or safety violations.
Examples of material health or safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
Note that illegal activity is not included in this category.
If the tenant fails to correct the violation/remains on the property after the notice period expires, the landlord may proceed with the eviction process. Or if the tenant commits the same violation which notice was given and recurs within a six-month time frame, the landlord may end the lease without notice.
Eviction Process for No Lease / End of Lease
In the state of Connecticut, if tenants “holdover,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
Regardless of the length or type of tenancy, landlords are required to give all tenants three days’ written notice to vacate the rental unit.
If the tenant remains on the premises after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Owner’s Personal Use of the Rental Unit
If the landlord/owner decides that they no longer want to rent out the unit, and instead want to live in the rental unit/property themselves, then the landlord must give their tenant three days’ written notice to vacate the rental unit.
Tenants do not have an option to remain in the rental unit and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Discontinuance of Use of the Rental Unit
If the landlord/owner decides that they no longer want to rent out the rental property, and the property is going to sit unused, then the landlord must give their tenants three days’ written notice prior to proceeding with the eviction process.
Tenants do not have an option to remain in the rental unit and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Refusal to Accept Rent Increase
If tenants in Connecticut refuse to accept an increase in rent that is fair and equitable, landlords may give their tenants three days’ written notice to vacate the rental unit.
Tenants do not have an option to remain in the rental unit and must move out.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Illegal Activity
Tenants of a rental unit who are involved in illegal activity must be given 15 days’ written notice before the landlord can proceed with an eviction action.
In Connecticut, illegal activity includes:
- Prostitution on the premises.
- Illegal sale of drugs on the premises.
- Creating/causing a nuisance.
- Causing substantial, willful property damage.
- Endangering the health or safety of others.
- Inflicting/threatening bodily harm on another tenant/landlord.
However, no written notice is required if a tenant is convicted of using the rental unit for prostitution or illegal gaming. In these situations, the landlord may proceed directly to Step 2 below without giving tenants prior written notice.
For all other types of illegal activity, if the tenant remains on the premises after the notice period expires, the landlord may proceed with the eviction process.
Step 2: Complaint is Filed and Served
As the next step in the eviction process, Connecticut landlords must file a complaint in the appropriate court. In the state of Connecticut, the filing fee is $175, payments must be made at the time of filing by cash or check payable to “Clerk, Superior Court.”
The summons and complaint must be served on the tenant by the state marshal, constable, or other “proper” officer at least 12 days prior to the eviction hearing through one of the following methods:
- Giving a copy to the tenant in person; or
- Leaving a copy at the tenant’s usual residence.
It is important to note that Connecticut law does not require a copy of the summons and complaint to be mailed to the tenant if the copies are left at the tenant’s residence. However, it does require a signature on the summons for the county clerk to record.
Step 3: Appearance / Answer is Filed
Connecticut tenants must file an appearance, or the court will issue a default judgment in favor of the landlord. An appearance is a written document that acknowledges that the tenant has received the complaint and is aware of the court case against them.
If the tenant hasn’t filed an appearance two days after the date listed on the summons, the landlord may request a default judgment against the tenant, meaning no hearing will be held and the court will order the tenant to move out of the rental unit.
Tenants must also file a written answer along with the appearance if the tenant wants a chance to object to (or “contest”) the eviction. It’s not enough for tenants to file an appearance with the court if they want to attend the eviction hearing; they must also file a written answer.
Tenants have two days after the date listed on the summons to file an answer. If there is no answer that is received by that date, but the appearance has been received, landlords must file a motion for default judgment which is also served on the tenant.
If the tenant still hasn’t filed an answer to the complaint three days after the motion for default judgment is filed with the court, the judicial officer will rule against the tenant, meaning no hearing will be held and the court will order the tenant to move out of the rental unit.
If a tenant only files an appearance, or only files an answer and not an appearance, the court will rule in the landlord’s favor and the eviction process will continue.
Step 4: Court Hearing and Judgment
A hearing will be held only if tenants file both their appearance and their answer by the court-ordered deadlines. The hearing will be held 7-10 days after the answer is received by the court.
If the tenant fails to appear for the hearing, it will not be continued and the judge will make a ruling on the eviction that day.
If the judge rules in favor of the landlord, a summary possession execution will be issued and the eviction process will proceed.
Tenants will have five days to appeal the judicial officer’s decision. If an appeal is filed, the eviction will be stopped until a final ruling is made on the appeal. Otherwise, the eviction process will continue.
Step 5: Writ of Execution Is Issued
The writ of execution is the tenant’s final notice to leave the rental unit and allows them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove them.
The writ will be issued at least five days after judgment has been entered in favor of the landlord.
This means the tenant will have five days to move out before law enforcement delivers/posts the writ on the premises.
If the tenant remains in the rental unit after the writ is issued, possession of the rental unit will be forcibly returned to the landlord.
Step 6: Possession of Property is Returned
Tenants will have 24 hours once the writ of execution is posted/delivered to move out of the rental unit before the sheriff returns to forcibly remove them.
However, tenants may request a stay of execution not to exceed six months for all evictions except:
- Nonpayment of rent
- Squatters
- Nuisance
- Serious nuisance
For nonpayment of rent, tenants may request a stay of execution not to exceed three months.
Connecticut Eviction Process Timeline
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Connecticut. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
- Initial Notice Period – Between 3 and 15 days, depending on the notice type and reason for eviction.
- Issuance/Service of Summons and Complaint – 12 days prior to the hearing.
- Appearance/Answer Filed – 2-5 days prior to the hearing.
- Court Hearing and Ruling on the Eviction – 7-10 days after the tenant’s answer is received by the court.
- Issuance of Writ of Execution – Five days after the judicial officer rules in favor of the landlord.
- Return of Possession – 24 hours; longer if a stay is granted.
Additional Information
Tenant’s Defenses. If the landlord did not follow the proper eviction procedures (e.g. turned off utilities, changed the locks, failed to maintain the rental property, etc.) the tenant may be able delay or dismiss the eviction.
Mobile Homes. Those who own mobile homes and have their mobile home on park land could be evicted in the following situations:
- Failure to pay rent, utilities or additional service charges.
- In noncompliance with health or safety regulations of the property or community.
- In violation of the rental agreement or community rules.
Flowchart of Connecticut Eviction Process
For additional questions about the eviction process in Connecticut, please refer to the official legislation, Connecticut General Statutes §47a-1 to 47a-42a, and §52-45a to 52-72, for more information.
Sources
- 1 CT Gen Stat §47a-15a (2020)
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If rent is unpaid when due and the tenant fails to pay rent within nine days thereafter or, in the case of a one-week tenancy, within four days thereafter, the landlord may terminate the rental agreement in accordance with the provisions of sections 47a-23 to 47a-23b, inclusive.
- 2 CT Gen Stat §47a-23 (2020)
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(a)(1)(A) By lapse of time… (C) violation of the rental agreement or lease or of any rules or regulations…(D) nonpayment of rent within the grace period provided for residential property… notice to each lessee or occupant to quit possession…at least three days before the termination of the rental agreement or lease…or before the time specified in the notice…to quit…
- 3 CT Gen Stat §47a-15 (2020)
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…which materially affects the health and safety of the other tenants or…the physical condition of the premises, or…a material noncompliance…with the rental agreement or…the rules and regulations…If such breach can be remedied by repair…or payment of damages by the tenant to the landlord, and such breach is not so remedied within such fifteen-day period, the rental agreement shall terminate…
- 4 CT Gen Stat §47a-23 (2020)
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…or (4) when an action…is authorized…for…(A) Refusal to agree to a fair and equitable rent increase… (B) permanent removal…of the dwelling unit…from the housing market, or (C)…intention…to use such dwelling unit as such landlord’s principal residence…notice to each lessee or occupant to quit possession…at least three days before the termination of the rental agreement or lease…or before the time specified in the notice…to quit…
- 5 CT Gen Stat §47a-15 (2020)
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(a) …a serious nuisance or on a violation of subsection (h) of section 47a-11…the landlord shall deliver a written notice to the tenant specifying the acts or omissions constituting the breach and that the rental agreement shall terminate upon a date not less than fifteen days after receipt of the notice.
- 6 CT Gen Stat §47a-15 (2020)
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(A) inflicting bodily harm upon another tenant or the landlord or threatening to inflict such harm…(B) substantial and willful destruction of part of the dwelling unit or premises, (C) conduct which presents an immediate and serious danger to the safety of other tenants or the landlord, or (D) using the premises or allowing the premises to be used for prostitution or the illegal sale of drugs…
- 7 CT Gen Stat §47a-31 (2020)
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When the lessee or tenant of any house, room, tenement or dwelling unit is convicted of keeping a house of…prostitution or lewdness, or of a violation therein of any law against gaming, the lease, contract or rental agreement…shall thereupon be void; and the lessor may recover possession of the premises in the manner prescribed in this chapter, but notice to quit possession shall not be required.
- 8 CT Gen Stat §52-50 (2020)
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(a) All process shall be directed to a state marshal, a constable or other proper officer authorized by statute…A direction on the process “to any proper officer” shall be sufficient to direct the process to a state marshal, constable or other proper officer.
- 9 CT Gen Stat §52-46 (2020)
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Civil process, if returnable to the Supreme Court, shall be served at least thirty days, inclusive, before the day of the sitting of the court, and, if returnable to the Superior Court, at least twelve days, inclusive, before such day.
- 10 CT Gen Stat §52-57 (2020)
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(a) Except as otherwise provided, process in any civil action shall be served by leaving a true and attested copy of it, including the declaration or complaint, with the defendant, or at his usual place of abode, in this state.
- 11 CT Gen Stat §47a-26 (2020)
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If the defendant does not appear within two days after the return day and a motion for judgment for failure to appear and an endorsed copy of the notice to quit is filed with the clerk, the court shall, not later than the first court day after the filing of such motion, enter judgment that the complainant recover possession or occupancy of the premises…
- 12 CT Gen Stat §47a-26a (2020)
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If the defendant appears but does not plead within two days after the return day, the complainant may file a motion for judgment for failure to plead, served upon the defendant…If the defendant fails to plead within three days after receipt of such motion by the clerk, the court shall forthwith enter judgment that the complainant recover possession or occupancy with his costs.
- 13 CT Gen Stat §47a-35 (2020)
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(b) No appeal shall be taken except within such five-day period. If an appeal is taken within such period, execution shall be stayed until the final determination of the cause, unless it appears to the judge who tried the case that the appeal was taken solely for the purpose of delay or unless the defendant fails to give bond…
- 14 CT Gen Stat §47a-35 (2020)
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(a) Execution shall be stayed for five days from the date judgment has been rendered, provided any Sunday or legal holiday intervening shall be excluded in computing such five days.
- 15 CT Gen Stat §47a-35 (2020)
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…the court may grant a stay of execution for a period…not exceeding six months from the date of the judgment in the summary process action upon such conditions and terms as appear fair and equitable, except that such stay of execution shall not exceed three months in the aggregate if the reason for the judgment against the defendant was nonpayment of rent…