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An 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:
- If you don't move out at the end of your
lease;
- If you don't pay your rent by 9 days after the
date the lease says it is due;
- If you break a serious law like prostitution,
or buying and/or selling drugs;
- 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:
- 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);
- 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.
- If you break a serious law like prostitution,
or buying and/or selling drugs;
- 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.
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