FILING AN EVICTION - Connecticut

A Connecticut eviction is a court action a landlord must use to remove a tenant from an apartment or room. Before a landlord can start an eviction in Connecticut, they must first give the tenant a NOTICE TO QUIT. A copy of a notice to quit is attached as Form A. This is usually a single piece of paper, signed by the landlord or his/her attorney, and delivered by a state marshal. It says that the tenant must leave the apartment by a certain day. It should give the reason for the eviction. You should contact a lawyer as soon as you receive the notice to quit.

The notice to quit is not a court paper; nothing will happen to you if you don't move by the date given in the notice to quit. However, if you don't move, the landlord may then start the court action by having the marshal give you a SUMMONS AND COMPLAINT. 

The summons and complaint are usually two or three pages of paper, signed by the landlord's attorney. The first paper, the summons, is an official court form. It explains the action against you and what you must do to protect your rights. In the upper right hand corner of the summons is a box marked RETURN DATE. You don't have to go to court on that date, but you or your attorney must file a paper called an APPEARANCE with the court within two days after the return date. An appearance form is obtainable from the local clerk's office and ask the clerk for instructions on how to fill it out

DO NOT IGNORE THE SUMMONS AND COMPLAINT. Once they are delivered, the eviction action has begun. If you don't do anything, you will lose the case by default. 

Remember, an eviction is a court action. Just because your landlord has started an eviction, it doesn't mean that they will win or that you won't be able to gain a few months time. You have important rights which you as the tenant can use if you act on time.

NOTE: If you are being evicted because your landlord claims that you broke a term in the lease (other than not paying your rent) or that you are creating a nuisance, you should receive a separate notice in addition to the notice to quit and the summons and complaint. 

If your landlord locks you out of your apartment or tries to force you out without a court judgment, s/he is breaking the law. Contact the police at once. 

IF YOU HAVE A WRITTEN LEASE, your landlord can begin an eviction action only:

1. If you don't move out at the end of your lease;
2. If you don't pay your rent by 9 days after the date the lease says it is due;
3. If you break a serious law like prostitution, or buying and/or selling drugs;
4. If you commit a serious violation of your lease or are a nuisance.

IF YOU DON'T HAVE A WRITTEN LEASE, the law ordinarily treats you as having a month-to-month ORAL LEASE. This means that you have a new lease at the beginning of each month and that the lease ends at the end of each month.

If you pay by the week then you have a week-to-week ORAL LEASE. This means that you have a new lease at the beginning of each week and that the lease ends at the end of the week.

With a month-to-month oral lease your landlord may begin an eviction action against you:

1. If you don't pay your rent by the 10th of the month (or by the 5th day of the week for a week-to-week lease);
2. At the end of any month (or week if it's a week-to-week lease) for no reason at all if the landlord decides that s/he doesn't want you as a tenant.
3. If you break a serious law like prostitution, or buying and/or selling drugs;
4. If you commit a serious violation of your lease or are a nuisance. 

But, even though a landlord may begin an eviction action against a tenant with an oral lease for no reason at all, a tenant has many rights which can be guaranteed in court. If the landlord doesn't follow each step in the eviction law carefully, the court may throw out the case. Never assume that your case is hopeless. Always check with a lawyer.

NOTE: If you are older than 62 years or disabled, or live in a mobile home park, you may have extra protections against evictions and rent increases.

If you need further assistance, contact your local legal-aid society or social services agency.  

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney. ADDITIONAL RULES MAY APPLY IN YOUR JURISDICTION.