Article Structure
The Connecticut Eviction form is an essential tool for landlords navigating the eviction process. This form is part of a broader legal procedure known as Summary Process, which allows landlords to reclaim possession of their rental properties under specific circumstances. Central to this process is the Notice to Quit, which serves as the initial communication to tenants, informing them of the landlord's intent to terminate the tenancy. This notice must detail the reason for eviction, commonly non-payment of rent or lease termination due to the lapse of time. It is crucial that the Notice to Quit includes the full names and addresses of all adult tenants involved, ensuring clarity and compliance with legal requirements. Following the Notice to Quit, landlords must file a Summons and Complaint, initiating the formal eviction proceedings in court. The Connecticut Eviction form also outlines the steps for obtaining default judgments, conducting trials, and executing the eviction if necessary. For landlords seeking assistance, resources such as the Lawyer Referral Service are available. Additionally, the document provides appendices listing housing session locations and court forms relevant to the eviction process. Understanding these elements is vital for landlords to effectively manage evictions while adhering to state laws.
Documents used along the form
In Connecticut, several forms and documents accompany the eviction process, each serving a specific purpose. Understanding these documents can help streamline the eviction procedure and ensure compliance with legal requirements.
- Notice to Quit: This document initiates the eviction process. It informs the tenant that they must vacate the premises, typically due to non-payment of rent or lease termination. The notice must specify the reason for eviction and provide at least three days for the tenant to move out.
- Summons and Complaint: After the Notice to Quit, the landlord must file a Summons and Complaint with the court. This document formally notifies the tenant of the legal action being taken against them and outlines the landlord's claims.
- Understanding Financial Obligations: It is essential for landlords and tenants to be aware of their financial responsibilities associated with eviction proceedings. For clear guidance on financial documentation, including payment agreements, you can reference promissorynotepdf.com.
- Motion for Default: If a tenant fails to respond to the Summons and Complaint, the landlord can file a Motion for Default. This document requests the court to issue a judgment in favor of the landlord due to the tenant's lack of response.
- Summary Process Execution for Possession: Once a judgment is obtained, this document is used to request the court's assistance in removing the tenant from the property. It authorizes law enforcement to execute the eviction order.
Each of these documents plays a crucial role in the eviction process. Proper use and understanding of these forms can significantly impact the outcome of an eviction case in Connecticut.
Preview - Connecticut Eviction Form
A LANDLORD’S GUIDE TO
SUMMARY PROCESS (EVICTION)
State of Connecticut Judicial Branch
Superior Court
This material may be made available in an
alternate format, or other assistance may be provided upon request by a qualiied individual
with a disability under the provisions of the Americans with Disabilities Act.
TABLE OF CONTENTS
Notice to Quit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Summons and Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Default Judgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Lawyer Referral Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Appendices:
I. Listing of Housing Sessions by Towns . . . . . . . . . . . . . . . . . . . . 10 II. Superior Court - Housing Session Locations . . . . . . . . . . . . . . . 11
III. Geographical Area Court Locations
Handling Housing Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
IV. Judicial District Court Locations
Handling Housing Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
V. Lawyer Referral Service Ofices . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Court Forms:
Lapse of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
INTRODUCTION
This pamphlet is designed to inform you of the basic steps in an Eviction (Summary Process) action. It is not
intended as a substitute for the advice of an attorney.
The clerk’s ofice is not responsible for any errors or omissions in this pamphlet. If you feel you need more information or assistance, you should either consult an attorney or read the appropriate sections of the Connecticut General Statutes and Connecticut Practice
Book. The material in this booklet does not address the speciic law pertaining to commercial property leases,
and, therefore, should not be relied upon in cases involving commercial property disputes.
Note: This pamphlet refers to a single landlord, tenant or defendant for ease of reading only. Actual eviction cases may involve multiple landlords, tenants and/or defendants.
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
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.
However, the Notice to Quit may also be served during the month immediately following the nonpayment of rent in a
which involve oral or written
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
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
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
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
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
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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
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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Common Questions
What is the Connecticut Eviction form?
The Connecticut Eviction form is a legal document used by landlords to initiate the eviction process against tenants. This form outlines the reasons for eviction and provides the necessary details about the tenant and the property. It is a crucial step in the summary process, which is a legal procedure designed to quickly resolve disputes between landlords and tenants.
What is a Notice to Quit?
A Notice to Quit is the first step in the eviction process. It is a formal notification from the landlord to the tenant, indicating that the tenant must vacate the property. The notice must specify the reason for eviction, such as non-payment of rent, and must give the tenant at least three full days to move out. This notice is essential, as it provides the tenant with an opportunity to rectify the situation before legal action is taken.
How do I complete the Notice to Quit form?
To complete the Notice to Quit form, you need to provide the exact name and address of each adult tenant you wish to evict. This includes any apartment or floor numbers. The form must be signed by you, the landlord, and you should keep one copy for your records. Additionally, ensure that you have enough copies for each tenant living in the unit.
What happens after the Notice to Quit is served?
After the Notice to Quit is served, the tenant has three full days to vacate the premises. If the tenant does not leave by the specified date, you can proceed with filing a Summons and Complaint in court to formally start the eviction process. This step is necessary to obtain a court order for eviction.
What is a Summons and Complaint?
A Summons and Complaint is a legal document that officially initiates the eviction process in court. The Summons notifies the tenant of the court date, while the Complaint outlines the reasons for the eviction. This document must be served to the tenant, and it is crucial for moving forward with the eviction if they fail to vacate the property after receiving the Notice to Quit.
Can I evict a tenant for reasons other than non-payment of rent?
Yes, landlords can evict tenants for various reasons, including lease violations or termination of lease by lapse of time. However, the process may be more complex depending on the reason for eviction. It is advisable to consult legal guidance if you are unsure about the specific grounds for eviction.
What is a default judgment in the eviction process?
A default judgment occurs when the tenant fails to respond to the Summons and Complaint within the specified time frame. If this happens, the court may rule in favor of the landlord, allowing them to proceed with the eviction without a trial. This can expedite the eviction process significantly.
What should I do if the tenant does not appear in court?
If the tenant does not appear in court, you may request a default judgment. This means the court will likely rule in your favor, allowing you to take further steps to evict the tenant. It's important to follow the court's procedures carefully to ensure that your request is granted.
What is an execution for possession?
An execution for possession is a court order that allows the landlord to take back possession of the property after a judgment has been made in their favor. This order permits law enforcement to assist in removing the tenant from the premises if they do not leave voluntarily.
Where can I find assistance with the eviction process?
If you need assistance with the eviction process, you can contact the Lawyer Referral Service or consult an attorney who specializes in landlord-tenant law. Additionally, the Connecticut Judicial Branch provides resources and information that can help guide you through the process.
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Guide to Filling Out Connecticut Eviction
Once you have prepared the necessary information, you can begin filling out the Connecticut Eviction form. This process involves providing specific details about the tenant and the reason for the eviction. Follow these steps carefully to ensure accuracy and compliance with the requirements.
- Obtain the Notice to Quit Possession form (JD-HM-7) from the court or online.
- Fill in your name and address as the plaintiff/landlord at the top of the form.
- Provide the exact name and address of each adult tenant you wish to evict, including any apartment or floor numbers.
- Clearly state the reason for the eviction. Common reasons include non-payment of rent or termination of lease.
- Ensure that the Notice to Quit allows the tenant at least three full days to vacate the premises.
- Sign the form to validate it as the landlord.
- Make copies of the completed Notice to Quit. You will need one original and sufficient copies for each tenant, plus one for your records.
After completing the form, the next step involves serving the Notice to Quit to the tenant. This must be done in accordance with the rules set forth by the court to ensure the eviction process can proceed smoothly.
Dos and Don'ts
When filling out the Connecticut Eviction form, it’s essential to follow certain guidelines to ensure the process goes smoothly. Here are five things you should and shouldn't do:
- Do ensure you have the correct form. Use the official Notice to Quit Possession form provided by the court.
- Do include the full names and addresses of all adult tenants. This helps avoid confusion and ensures all parties are properly notified.
- Do provide a clear reason for the eviction. Common reasons include non-payment of rent or lease termination.
- Do keep copies of all documents for your records. It’s important to have proof of what was submitted.
- Do allow at least three full days for tenants to vacate after serving the Notice to Quit. This is a legal requirement.
- Don't forget to sign the Notice to Quit. An unsigned document may be considered invalid.
- Don't use vague terms or descriptions. Be specific about the reasons for eviction to avoid complications.
- Don't serve the Notice to Quit without ensuring you have the correct number of copies for each tenant.
- Don't assume that the process is the same for commercial properties. This guide focuses on residential evictions.
- Don't skip consulting an attorney if you're unsure about any part of the process. Legal advice can be invaluable.