Customize a Connecticut eviction notice based off cause (above) and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes and other aspects of Connecticut eviction law.
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What’s an Eviction Notice?
An eviction notice is a legal form of disclosure that lets a tenant know that they are in clear violation of their lease agreement, and either need to correct the issue or vacate the premises. If the tenant fails to take action after proper legal notice is given, the landlord may evict the tenant. When a landlord provides written legal notice to a tenant to correct a violation of the lease agreement, it is referred to as a “Notice to Quit.”
In the state of Connecticut, if a renter is beginning to or has consistently been in violation of the lease agreement, then a landlord may begin eviction proceedings. These proceedings can be used to provide a situation where the money that has gone into arrears can be paid or to elicit the end of the tenancy. In most cases, if the tenant fails to comply with the requirements presented in a “Notice to Quit” document, then the full eviction process may begin in earnest.
The Notice to Quit document presents terms for the tenant to follow explicitly, and these terms can vary from document to document. In many situations, tenants may opt to move out of the property, but in situations where they choose to stay, further action may be required on both the part of the landlord and the renter. It’s essential to understand that a tenant may opt to cure the issue, and when this is the case, they can continue their tenancy, but should this issue not be resolved appropriately and through the correct channels, the landlord does have recourse. Should this recourse be required, the landlord must file a summons and either a Complaint for Non-Payment of Rent or a Complaint for Lapse of Time.
The information presented here will help outline the steps that a landlord will be required to take should the need for a Notice to Quit document arise. All of the information presented will take landlords through the required steps from first notice to potential full eviction.
When is Rent Considered Late by the State of Connecticut?
As a rule, rent is late past the first day it is due on the rental agreement. In most cases, this means that rent is payable on the first of the month, but this can vary from property to property. While it is a common practice for landlords to charge a late fee for late payments, based on Connecticut law, a landlord will have to wait until nine days have elapsed since the agreed-upon pay date.
Types of Eviction Notices
There are two types of Notice to Quit documents in Connecticut: the three-day and the month-to-month variations. These have different requirements when it comes to the period of the notice to quit, which will become apparent in the next section.
A Three-Day Notice to Quit
Unlike states where 10 days are required, Connecticut only requires a three-day notice when a landlord is looking to present a renter with a Notice to Quit document. This document is referred to as a 3-Day Notice to Quit Possession (Non-Payment & Non-Compliance) document, and it requires that the tenant either cure the issue or immediately begin the process of vacating the property. This document can be used for tenants that are late on rent payments or for those renters that have fallen short of the lease agreement in some other way.
A Month-to-Month Notice to Quit
Unlike with a tenancy that is accompanied by a traditional lease agreement, a month-to-month lease will require 30 days notice before the termination of the rental agreement. Of course, if there is verbiage in the original rental agreement that states a smaller period, then this period may be honored.
It’s essential that a landlord who is going to present this document to a renter complies with Connecticut laws. With this type of document, a landlord will need to utilize a process server to ensure that the document is presented to the tenant. After the notice has been served, the tenant will have the choice to correct the issue or leave the premises within the allotted three days.
Should the tenant fail to comply within the provided period, the landlord can then file an action with the Housing Session of the Connecticut Superior Court. This will have to be filed in the county where the property is located and several documents must be filled out to adhere to the appropriate procedures. These include the summons document that is designed to elicit an appearance by the renter in Connecticut Court, either the Complaint for Non-Payment of Rent or a Complaint for Lapse of Time documents, and the copy of the Notice to Quit document. In addition, the landlord should also include the Return of Service document should there be one.
Once these have been filed with the court, a return date will be established by the clerk. At this point, the landlord will have to have copies of the aforementioned documents that were served to the tenant. The Service of Process documentation will have to be provided to the court within four days of the selected return date.
Finally, if the tenant does not comply within two days following the return date, the landlord may then pursue the full eviction process. This will entail filing default judgments. The first is called a Motion for Default Judgement for Failure to Appear, and after this is filed, the landlord may then file a Motion for Default Judgement for Failure to Plead, which can lead to forced removal from the premises.
How to Write a Notice to Quit
A landlord must provide a Notice to Quit that is compliant with Connecticut state law, and this means that all of the pertinent information about the case needs to be presented to the renter succinctly and accurately. It’s imperative that specific steps are followed, and these include:
Have a Copy of the Lease
The original lease agreement is essential to illustrate where the tenant has violated the original terms. Additionally, the form will require at least a copy of the original lease. This is also an excellent reference for the landlord.
A Clear Demarcation of the Recipient of the Notice
The first thing that needs to go onto the document is the name of the renter. This will serve as addressing the notice, and the landlord will need to provide the full legal name of the renter here. All potential tenants and subtenants must be listed here.
Establishment the Property Location
The following section states, “The premises herein referred to is located in the City of…” In this blank space, the name of the city where the property is located is required. Following this, the county of the property will need to be filled in. Next, there is a space for the zip code. Finally, the remainder of the property location information will need to be filled in. This includes the street address, the number of the building, and and suite or apartment numbers involved.
Define the Rental Agreement
The lease information must be posted as a means of illustrating that the renter is in violation. This means that the lease signing date and the signature should be presented as identifiers. Typically, this information starts with, “Lease agreement signed on…”
Define the Reason for the Notice
The next section of the Motion to Quit pertains to establishing the reasons for the document, and this is presented as four pertinent checkboxes that attempt to identify the issue. These include nonpayment, noncompliance, month-to-month (as filed by the landlord), and month-to-month (as presented by the tenant). For nonpayment, the landlord must list the authorized server’s name, the amount owed, and the period from which the money is due.
For noncompliance cases, the lease terms that were violated must be outlined clearly. The tenant will have three days to remedy the situation. Situations can include smoking in public areas, having pets in non-pet-friendly properties, and noise violations.
The final two checkboxes are for month-to-month lease agreements and can be filed by either the landlord or the tenant. This simply serves as a notification that the lease is being broken.
Finally, at the base of the form, the form will include a “You are further notified…” statement that states intent to declare a forfeiture of the lease. After this information, there will be a blank space that is provided for the landlord’s signature.
Securing a Third Party
Connecticut state law requires that a process server be engaged to present a Notice to Quit document to a tenant. They must sign saying that this document was presented to the aforementioned parties and note the date that it was served. The server can deliver the notice personally, via a second party, or First Class mail.
The Eviction Process
When attempting to evict a tenant in Connecticut, it is crucial to understand that the process requires precision. Here are a few things to understand:
- Tenants can answer the complaint: Tenants, by law, are allowed to respond to the complaint and remedy the situation by providing any owed rent or correcting any lease violations.
- Judgment and execution occur after the trial: The process is not immediate; once the trail is over, a determination will be made. At which point, the court may provide an order for the tenant to move. Next, a state marshal will engage with the tenant and establish a move out date.
- Tenants can receive a five-day stay of execution: This is an automatic five-day stay that allows tenants to move out five days after the three days have elapsed. Afterward, the tenant may appeal for more time.