Outline
In Connecticut, the eviction process, formally known as summary process, involves several key steps that landlords must follow to legally remove a tenant from their property. Central to this process is the Connecticut Eviction form, which includes essential documents such as the Notice to Quit and the Summons and Complaint. The Notice to Quit serves as the initial notification to the tenant, informing them of the landlord's intention to terminate their tenancy, typically due to nonpayment of rent or the expiration of a lease. This form must be meticulously completed, listing the names and addresses of all adult tenants involved, and signed by the landlord. Following the Notice to Quit, the Summons and Complaint initiate the court proceedings, allowing the landlord to formally seek possession of the property. Additionally, the form outlines procedures for default judgments, trials, and execution of eviction, ensuring that landlords are equipped with the necessary tools to navigate the legal landscape. Resources such as lawyer referral services and appendices detailing court locations further support landlords in this often complex process. Understanding these components is crucial for landlords to effectively manage their rental properties while adhering to Connecticut's legal requirements.
Sample - Connecticut Eviction Form
State of Connecticut Judicial Branch
Superior Court
A LANDLORD’S GUIDE TO
SUMMARY PROCESS (EVICTION)
This material may be made available in an
alternate format, or other assistance may be
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
..........................14
Court Forms:
JD-HM-7: Notice to Quit Possession - Nonpayment of Rent....15
JD-HM-32: Summons - Summary Process (Eviction) ..........16
JD-HM-8: Summary Process (Eviction) - Complaint
Nonpayment of Rent .....................................17
JD-HM-20: Summary Process (Eviction) - Complaint
Lapse of Time ........................................... 18
JD-HM-9: Motion for Default - Failure to Appear.............19
JD-HM-10: Motion for Default - Failure to Plead .............20
JD-HM-2: Summary Process Execution for Possession ........21
JD-HM-22 .....22
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.
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
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
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
each adult tenant you want to evict and must be signed
by you as the plaintiff/landlord. There must be an
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
the Notice to Quit for the tenant to vacate the premises.
1
2
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,
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
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.
3
SUMMONS AND COMPLAINT
If your tenant still has not moved after the last day given
with the original Notice to Quit, the State Marshal’s
Return of Service, and a completed Summons and
4
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
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
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,
Notice to Quit, at least 4 (four) days before the return
must pay an entry fee to the clerk. As of the date of
printing, this fee is $175.00. Payment must be made at
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.
The defendant has 2 (two) full days after the return date
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
Default Judgment for Failure to Appear and a Military
the original with the court. Keep 1 (one) copy for your
records and make a note of the case docket number. If no
will enter a Default Judgment in your favor without
no Response to your Complaint (Pleading), you should
Default Judgment for Failure to Plead. (See JD-HM-10 on
5
DEFAULT JUDGMENTS
6
page 20) The clerk will provide you with this form. This
of Response to your Complaint within 3 (three) days,
not counting Sundays and holidays, after the Motion is
be mailed to the defendant or the defendant’s attorney, if
Keep 1 (one) copy for your records and make a note of
will enter a Default Judgment without the necessity of a
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.
receive a copy. If the Pleading is an Answer and Special
Special Defense(s), and mail a copy to the defendant
or the defendant’s attorney. A form for the Reply
scheduled at which time the case may be heard by a
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,
TRIALS
Form Information
| Fact Name | Details |
|---|---|
| Governing Law | The Connecticut General Statutes, specifically Chapter 832, governs eviction procedures. |
| Form Requirement | The Notice to Quit must be completed with the exact name and address of each adult tenant. |
| Signature Requirement | The Notice to Quit must be signed by the landlord, who is the plaintiff in the eviction process. |
| Reason for Eviction | Common reasons for eviction include non-payment of rent and termination of lease by lapse of time. |
| Notice Duration | The Notice to Quit must allow the tenant at least three full days to vacate the premises. |
| Copies Needed | An original Notice to Quit and sufficient copies for each tenant must be provided. |
| Assistance for Disabilities | Assistance may be provided under the Americans with Disabilities Act for individuals with disabilities. |
Detailed Guide for Filling Out Connecticut Eviction
After completing the Connecticut Eviction form, the next steps involve serving the Notice to Quit to the tenant and following through with the legal process. It is essential to ensure that all details are accurate and that the proper procedures are followed to avoid delays or complications in the eviction process.
- Obtain the Notice to Quit Possession form (JD-HM-7) from the court or online.
- Fill in your name and address as the landlord (plaintiff) 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 by lapse of time.
- Sign the form to validate it as the landlord.
- Make sufficient copies of the completed Notice to Quit for each tenant and retain one for your records.
- Ensure that the Notice to Quit allows the tenant at least 3 full days to vacate the premises.
- Serve the Notice to Quit to the tenant, ensuring it is delivered in accordance with Connecticut laws.
Obtain Answers on Connecticut Eviction
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What is the purpose of the Connecticut Eviction form?
The Connecticut Eviction form is used to initiate the legal process of eviction, known as Summary Process. This form allows landlords to formally notify tenants of their intention to terminate the lease and regain possession of the property. It is essential for landlords to follow the correct procedures to ensure the eviction process is valid and enforceable.
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What is a Notice to Quit?
The Notice to Quit is the first step in the eviction process. It must be completed with the tenant's full name and address, including any apartment or floor numbers. The landlord must sign the notice and provide it to the tenant. This notice informs the tenant of the reason for eviction, typically non-payment of rent or lease termination due to lapse of time. It must also allow the tenant at least three full days to vacate the premises.
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How should I fill out the Notice to Quit?
When completing the Notice to Quit, ensure that you include:
- The exact name and address of each adult tenant.
- The reason for eviction.
- A clear statement that allows the tenant three full days to move out.
It is advisable to keep a copy for your records and provide additional copies for each tenant residing at the property.
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What happens after I serve the Notice to Quit?
Once the Notice to Quit has been served, the tenant has three full days to vacate the property. If the tenant does not leave within this timeframe, the landlord can proceed to file a Summons and Complaint with the court to formally begin the eviction process.
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What forms are needed for the eviction process?
Several forms are required throughout the eviction process, including:
- JD-HM-7: Notice to Quit Possession - Nonpayment of Rent
- JD-HM-32: Summons - Summary Process (Eviction)
- JD-HM-8: Summary Process (Eviction) - Complaint Nonpayment of Rent
- JD-HM-20: Summary Process (Eviction) - Complaint Lapse of Time
These forms must be completed accurately and submitted to the court as part of the eviction proceedings.
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Can I evict a tenant for reasons other than non-payment of rent?
Yes, while non-payment of rent is a common reason for eviction, landlords can also evict tenants for other reasons, such as lease violations or the expiration of the lease term. However, evictions for reasons other than non-payment may involve more complex legal considerations and may require different procedures.
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What if the tenant does not appear in court?
If the tenant fails to appear in court after being served with the Summons and Complaint, the landlord may file a Motion for Default. This motion requests the court to grant a judgment in favor of the landlord due to the tenant's absence, allowing the eviction process to continue.
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Where can I find assistance with the eviction process?
Landlords seeking assistance can contact the Lawyer Referral Service or consult with an attorney specializing in landlord-tenant law. Additionally, the Connecticut Judicial Branch provides resources and information that can help navigate the eviction process.
Common mistakes
Filling out the Connecticut Eviction form can be a straightforward process, but many landlords make common mistakes that can complicate their cases. One significant error is failing to include the correct names and addresses of all adult tenants. It's essential to provide the exact name of each tenant, along with their complete address, including apartment or floor numbers. Missing even one name can delay the eviction process.
Another frequent mistake involves the Notice to Quit. Landlords often forget to sign the form. Without a signature, the court will not accept the document. Additionally, landlords should remember to keep a copy for their records. It’s not just about submitting the form; it’s about maintaining proper documentation.
Many landlords also overlook the requirement to state a reason for the eviction on the Notice to Quit. Common reasons include non-payment of rent or lease termination. Failing to provide a reason can lead to confusion and may result in the court dismissing the case.
Landlords sometimes miscalculate the notice period. The Notice to Quit must allow tenants at least three full days to vacate the premises. This means counting three full days after the notice is served, not including the day it is served. Incorrectly calculating this timeframe can invalidate the notice.
Another mistake is not addressing all adults living in the premises. If there are unknown tenants, landlords may use placeholder names like John or Jane Doe. However, neglecting to mention these individuals can create complications later in the eviction process.
Lastly, landlords often fail to provide sufficient copies of the Notice to Quit. It is crucial to have one original and enough copies for each tenant, plus an extra for personal records. Inadequate copies can lead to delays or even a dismissal of the case.
Documents used along the form
When navigating the eviction process in Connecticut, various forms and documents may be required alongside the Connecticut Eviction form. Understanding these documents can help streamline the process and ensure compliance with legal requirements.
- Notice to Quit: This is the initial document served to the tenant, informing them of the landlord's intent to terminate the lease due to reasons such as nonpayment of rent. It must include specific details about the tenant and allow at least three days for the tenant to vacate.
- Summons and Complaint: Filed with the court, this document formally initiates the eviction process. It outlines the landlord's claims against the tenant and requests a court hearing.
- Motion for Default - Failure to Appear: If the tenant does not show up for the scheduled court hearing, the landlord can file this motion to request a default judgment in their favor.
- Motion for Default - Failure to Plead: Similar to the previous motion, this document is used when the tenant fails to respond to the complaint, allowing the landlord to seek a judgment without the tenant's input.
- Summary Process Execution for Possession: After a judgment is granted, this form is used to request the court's assistance in removing the tenant from the property if they do not leave voluntarily.
- Affidavit Re: Noncompliance with Stipulation: If a tenant fails to comply with a court order or stipulation, this affidavit can be filed to document the noncompliance and request further action.
- Judicial District Court Locations Handling Housing Matters: This document provides information on where to file eviction cases within the appropriate judicial district, ensuring landlords know where to go for their legal proceedings.
- Lawyer Referral Service: A resource for landlords seeking legal advice or representation, this service can connect them with attorneys experienced in eviction matters.
- Housing Sessions by Towns: This listing helps landlords identify local housing sessions, making it easier to find the right court for their eviction cases.
Having these documents prepared and understanding their purposes can significantly enhance the eviction process. Always ensure that each form is filled out accurately and submitted in accordance with Connecticut law.
Similar forms
The Connecticut Eviction form shares similarities with several other legal documents, each serving a specific purpose in the eviction process. Here’s a look at six documents that have comparable functions:
- Notice to Quit: This document is the first step in the eviction process, just like the Connecticut Eviction form. It formally notifies the tenant to vacate the premises, often due to reasons such as non-payment of rent or lease termination.
- Summons and Complaint: Similar to the eviction form, this document initiates legal proceedings. It informs the tenant of the lawsuit filed against them and provides details about the allegations, allowing them to prepare for a court hearing.
- Motion for Default: This document can be filed when a tenant fails to respond to a summons. It’s akin to the eviction form in that it seeks a legal remedy for the landlord when the tenant does not engage in the process.
- Summary Process Execution for Possession: This document is issued after a court ruling in favor of the landlord. It allows for the physical removal of the tenant, similar to the eviction form, which outlines the grounds for eviction.
- Affidavit Re: Noncompliance with Stipulation: This document is used to confirm that a tenant has not adhered to a court order or agreement. It serves a similar purpose to the eviction form in demonstrating the tenant’s failure to comply with legal obligations.
- Default Judgments: This document is issued when a tenant does not appear in court. Like the eviction form, it results in a legal decision that can favor the landlord, allowing for eviction without the tenant's presence.
Understanding these documents can help landlords navigate the eviction process more effectively. Each plays a crucial role in ensuring that both parties have a fair opportunity to present their case and that legal procedures are followed properly.
Dos and Don'ts
When filling out the Connecticut Eviction form, here are ten important do's and don'ts to keep in mind:
- Do use the correct form provided by the court for the Notice to Quit.
- Do include the exact name and address of each adult tenant you wish to evict.
- Do sign the Notice to Quit as the plaintiff/landlord.
- Do keep a copy of the Notice to Quit for your records.
- Do state a valid reason for eviction, such as non-payment of rent.
- Don't forget to allow at least three full days for the tenant to vacate the premises.
- Don't omit the names of all adults living in the premises.
- Don't use vague terms; if you don’t know a tenant's name, use "John Doe" or "Jane Doe."
- Don't assume the clerk's office will correct any errors; double-check your form.
- Don't rely solely on this pamphlet; consider consulting an attorney for complex cases.
Misconceptions
Understanding the Connecticut Eviction form can be challenging. Here are some common misconceptions that may lead to confusion:
- Eviction can happen immediately after the Notice to Quit. Many believe that once a Notice to Quit is served, the tenant must leave right away. In reality, the tenant is allowed at least three full days to vacate the premises.
- Only nonpayment of rent can be a reason for eviction. While nonpayment is a common reason, there are other valid grounds for eviction, such as lease violations or the termination of a lease.
- The landlord can evict without going to court. Some think that a landlord can simply change the locks or remove a tenant's belongings. However, eviction must follow a legal process, including a court hearing.
- All tenants must be named on the Notice to Quit. It is a misconception that all adult tenants must be named. If their names are unknown, landlords can use placeholders like John or Jane Doe.
- The court provides the Notice to Quit form automatically. Many assume that the court will provide all necessary forms without request. Landlords must actively request the Notice to Quit form from the court.
- Once a tenant is served, the landlord can immediately file for eviction. After serving the Notice to Quit, landlords must wait the required three days before filing for eviction in court.
- Eviction is the same as termination of a lease. Some confuse eviction with lease termination. Termination is the end of a lease agreement, while eviction is a legal process to remove a tenant from a property.
- Legal representation is unnecessary for landlords. While some landlords may choose to represent themselves, having legal assistance can help navigate the complexities of the eviction process effectively.
By clarifying these misconceptions, landlords can better understand the eviction process in Connecticut and take the appropriate steps when necessary.
Key takeaways
When filling out and using the Connecticut Eviction form, there are several important points to keep in mind:
- Use the Correct Form: Ensure you are using the appropriate forms provided by the court, such as the Notice to Quit and the Summons.
- Complete Information: Fill in the exact names and addresses of all adult tenants you wish to evict. Include any apartment or floor numbers.
- Sign the Notice: The Notice to Quit must be signed by you, the landlord, as the plaintiff in the eviction process.
- Keep Copies: Make sure to keep an original copy of the Notice for your records, along with enough copies for each tenant.
- State a Valid Reason: Clearly state the reason for eviction, such as non-payment of rent or lease termination due to lapse of time.
- Allow Time to Move: The Notice must give tenants at least three full days to vacate the premises after it has been served.
Understanding these key points can help ensure the eviction process proceeds smoothly and legally.