Official Connecticut Eviction Template in 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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