Connecticut Eviction Process

How to Evict a Tenant in Connecticut (8 Steps)

Step 1: Send Eviction Notice

Conn. Gen. Stat. Title 47a governs all landlord and tenant laws, including eviction. It notes all possible grounds for eviction, the necessary notices required for each, and how to file a lawsuit when needed.

Send the appropriate eviction notice for the specific reason behind eviction. That’s a:

• 3-day notice for non-payment of rent, illegal activity, or discontinuing the rental.
• 15-day notice for lease violations.
• 30-day notice for terminating tenancies.

Step 2: Wait out the Notice Period

You cannot file for eviction until the notice period has expired and the tenant has failed to act in accordance with its instructions. Once the notice period ends, you can move forward.

Step 3: File with the Court

You must file an action with the Superior or Housing Court of the Judicial District where the property is located. At the time of filing, you will owe $175 in fees. The average processing time ranges between 30 to 45 days.

You must complete and bring with you the following documents:

• Summons
• Complaint
• Rent non-payment complaint, if applicable
• A copy of the notice to quit

You must arrange for a process server to give the tenant copies of all of these at least four days before the court’s assigned return date.

Step 4: Await Tenant Response

The court will set a return date by which the tenant must respond to the complaint. The tenant must file an answer to contest the eviction.

Step 5: Attend Hearing

Both parties should appear in court to give evidence on why the tenant should or should not be evicted. If the tenant fails to respond or appear, the court may automatically rule in your favor.

To receive a default judgment in these cases, you should file whichever is applicable of these:

• A motion for default judgment for failure to plead.
• A motion for default judgment for failure to appear.

Step 6: Wait for the Tenant to Leave Voluntarily

After a verdict in your favor, the tenant has five days to move out. If they still do not leave after five days, you can file to have them forcibly removed.

Step 7: File for a Writ of Execution

A writ of execution or “execution for possession” gives the tenant a final 24-hour notice before being removed by law enforcement. You can file for one using Connecticut’s Summary Process Execution for Possession.

Step 8: Regain Possession of the Property

The State Marshal will remove the tenant with their belongings from the property if they ignore the final notice to vacate. At this point, all keys will be returned to you, and you may lease out the property to a new tenant.

Eviction Reasons

If the tenant is at fault, the issue caused by their mistake may be “curable” or fixable by either payment or action. If the problem cannot be solved, it is considered “incurable,” and the tenant has no other choice but to move out.

“At Fault” Evictions

Common eviction reasons include:

• Non-payment of rent.
• Breaking the lease’s rules.
• Refusing to leave the property after a lease ends.
• Not accepting rent changes.
• Committing criminal acts or seriously damaging the property.

1. Non-Payment of Rent

Overview:

• Used if the tenant misses one or multiple rent payments.
• Curable.
• Rent is considered due at the start of each month unless the lease states otherwise. There is a state-mandated four-day grace period for week-to-week tenants and a nine-day grace period for all other tenants (Conn. Gen. Stat. § 47a-15a).
• After this period passes, a landlord can have a court-appointed officer serve a 3-day eviction notice instructing the tenant to pay what’s owed or move out (Conn. Gen. Stat. § 47a-23).

2. Lease Violations

Overview:

• Used if the tenant breaks any rules within the lease agreement.
• Usually curable if any damage is fixable and no criminal activity is involved.
• Allows the tenant to solve the issue before eviction within the 15-day notice period (Conn. Gen. Stat. § 47a-15).

Common examples of lease violations that may lead to eviction include:

• Improper upkeep of the unit, resulting in health or safety issues.
• Misusing plumbing or electrical units and fixtures.
• Causing minor damage to the property beyond normal wear and tear.
• Incurring noise or other complaints from neighbors.
• Having a pet in a pet-free unit.
• Smoking in non-smoking areas.
• Breaking any other rules specifically laid out in the rental agreement.

3. Illegal Activity

Overview:

• Used if the tenant commits serious property damage, illegal activity, or repeated lease violations.
• Incurable offenses.
• Requires a three-day notice for tenants to vacate.

In Connecticut, the following illegal activities are considered just causes for eviction (Conn. Gen. Stat. §§ 47a-15 and 47a-31):

• Engaging in or promoting illegal sex work.
• Selling illegal drugs or substances.
• Threatening or endangering others.
• Committing assault.
• Substantially damaging the property.

4. Holdover Tenancy

Overview:

• A tenant who refuses to leave a property after their lease expires is known as a “holdover” tenant.
• Incurable.
• Requires a notice prior to tenancy termination but no notice after the lease expires.

“No Fault” Evictions

These evictions are at the discretion of the landlord and do not involve tenant wrongdoing. Common reasons include:

• The landlord wants to move into the unit themselves.
• The landlord wants to allow family or friends to live in the unit.
• The landlord wants to complete extensive renovations on the unit.

1. Lease Non-Renewal

Overview:

• Used to end leases of any kind.
• Landlords must terminate tenancies for those with or without leases with a 30-day notice prior to the tenancy ending. Once that period ends, if the tenant remains on the property, the landlord can file for eviction.

2. Discontinued Renting

Overview:

• Used if the landlord decides to move into the property themselves or stop renting it out for other reasons.
• Landlords must give tenants three days’ notice before evicting them if they want to stop renting out the property. If the tenant fails to move out in those three days, the landlord can continue the eviction process.

Eviction Timeline

Tenant Rights in Connecticut

In Connecticut, tenants are protected from landlords taking illegal action against them during the eviction process. This includes what are known as “self-help” eviction measures, in which a landlord tries to force the tenant to leave.

Self-Help Evictions

Both “self-help” and retaliatory evictions are illegal and punishable in the state, per Conn. Gen. Stat. §§ 47a-13 and 47a-20. Actions constituting self-help evictions include:

• Changing locks.
• Shutting off utilities.
• Moving tenant belongings.
• Threatening the tenant.
• Physical violence toward the tenant.

Retaliatory evictions happen when a landlord tries to evict a tenant in direct response to them exercising their tenant rights. Protected rights include:

• Complaining about the property’s condition to relevant authorities.
• Submitting a complaint with the Fair Rent Commission.
• Notifying the landlord of problems with the unit and requesting maintenance.
• Joining a tenant’s union or organization.

Abandoned Property

If a tenant leaves behind personal property in the event of an eviction, the landlord must pay the State Marshal for its removal (Conn. Gen. Stat. § 47a-42). The cost of removing and storing the belongings is reimbursable by the tenant. They have 15 days to pay the necessary fees and pick up their property from the storage facility before it is disposed of.

Resources

• • Landlord’s guide to summary process (eviction) from the Connecticut Judicial Branch.
  • Landlord/tenant/housing FAQs from the Connecticut Judicial Branch.
  • Information about no-fault evictions and the conversation around their legality from the CT Mirror.