Helping Yourself Through The Eviction Process
June 2008

Before the eviction begins...
The eviction begins...
After the court hearing...
Sample forms
For more information

1. Introduction

This pamphlet was written to help you if your landlord tries to evict you in court. You may be worried about what will happen to you and your family, or feel that you cannot defend yourself well. However, if you follow this booklet carefully, you should at least be able to get more time to find another place to live. You may even win or settle the case. Keep in mind that in an eviction, you and your landlord must follow certain rules, and you must do certain things to deal with your case.

NOTE: You may have even more legal rights and protections from eviction if you:

are 62 or older or disabled
live in a mobile home, public housing, or federally subsidized housing
are on Section 8 or a Rental Assistance Program
live in a building that is being converted into condominiums

Call Statewide Legal Services as soon as possible, at (860) 344-0380 or 1-800-453-3320.

IMPORTANT:
In order to defend yourself, you MUST file APPEARANCE and ANSWER forms.
Be sure to read Sections 6, 8, & 9 below.
If you don't file APPEARANCE and ANSWER forms, you could lose your case.

2. What is an Eviction?

An eviction is a court action your landlord must use to make you move. When your landlord wants you out of your rental unit (apartment, house, room, trailer or mobile home), he or she can't just throw you out. The landlord must give certain notices to you and the court. Your things cannot be removed without a court order, even if you haven't paid your rent.

LOCKOUTS ARE ILLEGAL. Until the landlord gets a court order, he or she may not change your locks, take your belongings, or interfere with your use of your rental unit. If you are the victim of a lockout, contact the police immediately, then call Statewide Legal Services at (860) 344-0380 or 1-800-453-3320.

Before The Eviction Begins...

3. Notice to Quit (first notice)

Before a landlord can start an eviction case in court, she or he must give you a NOTICE TO QUIT. (See Sample A in Sample Forms section)

The notice to quit will tell you that you must leave or "quit possession of" your apartment by a certain date. The notice to quit must give you at least 3 days to move. It must tell you why the landlord wants you to move, such as "nonpayment of rent," "lapse of time," or for a violation of rental agreement.

A notice to quit is not a court order. It is just a request from the landlord that you move out of the apartment by a certain date. You may not be able or may not want to move out by that date, and the landlord cannot force you to do so. If you do not move by that date, the landlord may start an eviction case in court.

4. Trying to Settle with Your Landlord

After receiving a notice to quit, a tenant can sometimes make an agreement with the landlord (or the landlord's lawyer) so that there will be no need for a trial.

If the notice was for nonpayment of rent, and you have the money to pay the rent, you may ask the landlord if she or he would accept it and stop the eviction. If you wish to offer the rent to the landlord, do so as soon as possible. You will probably have to pay the landlord for the marshal's fee for serving the notice--usually about $20 to $30.

If the landlord agrees to accept the money as rent and not go ahead with the eviction, put the agreement in writing and date it before you pay the money. KEEP A COPY OF IT. If you offer the rent, use a bank or postal money order or a check and write on it, "Rent Paid in Full" and the month and year for which the payment is made, and keep a copy of the check or money order.

If the landlord or the attorney will not accept the money as "rent" and stop the eviction in writing, paying the money will not stop the eviction. A landlord can accept money as "use and occupancy" instead of "rent," and still try to evict you. If the landlord is going to go ahead with the eviction, you may be better off saving the money to use for a new apartment, or waiting until the court orders you to pay. (See Section 7).

You may be able to get help by contacting the eviction prevention program for your town. Program staff will discuss the case with you and will speak to your landlord to try to reach an agreement. If the eviction prevention program has money available, it may pay part of the back rent you owe. To find your local eviction prevention program, call Infoline at 2-1-1.

Do not spend the rent money on other things. If you have to move, you will need money to get another apartment or to be able to ask the court for more time to find another apartment. You will have another chance to settle the case when you get to court. There, you will have the help of a Housing Specialist (See Sections 12, 13 & 14). If you want to stay in the rental unit as a tenant, your chances of settling are much better if you have money saved to offer to your landlord. If you cannot settle, it is important to look for another apartment and keep a list of places you have seen and landlords you have contacted.

The Eviction Begins...

5. Summons and Complaint

If you do not move by the date in your notice to quit, your landlord can have the marshal give you a SUMMONS and COMPLAINT. (See Samples B-1 and B-2 in the Sample Forms section below). This is the beginning of the court case. When you get the SUMMONS and COMPLAINT, try to see a lawyer to get advice about your case. (See below for Statewide Legal Services phone number).

The first page, the SUMMONS, is an official court form. It tells you that the landlord is bringing the case to court. The SUMMONS gives the name and address of the court, and tells you some of the things you must do to protect your rights.

In the upper right hand corner of the SUMMONS you will see a box marked RETURN DATE. This a very important date. No later than two days after the RETURN DATE, you must go to the courthouse to file an APPEARANCE form. There is no trial or hearing on the RETURN DATE.

Everyone whose name is listed on the SUMMONS as a defendant must file his or her own APPEARANCE to protect his or her right to stay in the rental unit. You cannot file an appearance for someone else. Any adult occupant whose name was not on the SUMMONS should file a CLAIM OF EXEMPTION.

The second paper, the COMPLAINT, explains the landlord's side of the case and should say why he or she wants to evict you.

Do not ignore the SUMMONS and COMPLAINT.
If you do, you will lose the case automatically by "default."
Then the marshal may move you out as soon as 10 days after the "return date.".

6. Filing an "Appearance"

Before, or no later than the second day after the "return date" on your SUMMONS, you must file an APPEARANCE form at the court clerk's office. Bring your SUMMONS to show the clerk the name of your case. The clerk will give you the form and can help you fill it out. See Sample Form C in the Sample Forms section below. A copy of each APPEARANCE filed with the clerk must be mailed to the landlord, or if the landlord is represented by a lawyer, to the lawyer. You will find the lawyer's address on the SUMMONS.

If you do not file this form with the court clerk on time, you could lose your case by "default" and could be evicted without any hearing. (If you receive a paper in the mail called a MOTION FOR DEFAULT FOR FAILURE TO APPEAR, you must file an APPEARANCE form immediately.)

7. Motion for Payment into Court

Your landlord may file a MOTION asking the court to order you to pay money into the court for your "use and occupancy" of the apartment until the case is over. See Sample Form D. If you receive this MOTION, you may:

1. Do nothing. The court will order you to make payments into court in the amount the landlord asked for;
OR

2. File an OBJECTION if you do not agree with the landlord's request. You may disagree if the landlord has wrongly stated the usual amount of rent, or if the apartment is not worth the amount the landlord is asking.

To file an OBJECTION, write your reasons in the OBJECTION section of the landlord's MOTION form, and file it immediately at the court. The court must receive your OBJECTION within 5 days after the day the court received the landlord's MOTION.

Call the court to find out that date. If the landlord delivered his MOTION with the COMPLAINT, you may file it up to five days after you file your APPEARANCE.

If you file an OBJECTION, the court will hold a hearing to decide how much you must pay. Bring witnesses, such as the Housing Inspector, to support your claims. The clerk can issue a subpoena to force a witness to come to court.

The court order will tell you the date by which you must pay. If you do not pay by the date set in the ORDER, the court will order you to file your ANSWER (see below). This is the ONLY penalty. You cannot be fined or put in jail. However, if you do not then file your ANSWER by the date in the order, you will lose your case by default.

8. How to Get a Hearing

To get a hearing, you must file a second paper in court. This paper is called an ANSWER. The ANSWER is your reply to the landlord's "COMPLAINT." See Sample E. The clerk's office at the court has blank ANSWER forms. Each person living in the rental unit who filed an APPEARANCE must file his or her own ANSWER.

For the ANSWER, circle whether you Agree, Disagree, or Don't Know for each numbered statement on the landlord's COMPLAINT.

On the lower part of the ANSWER form, check all SPECIAL DEFENSES that apply to your case. A "defense" is a reason why you think your landlord should not be able to evict you. You may have more than one defense.

If you have a "defense" that is not included on the form, use the blank lines at the bottom of the ANSWER to explain your defense. If you do not have enough room, finish on another page.

Write simple and clear statements, numbering them in the same way as the landlord's COMPLAINT. The defenses you have depend on the reason the landlord gives for the eviction. Defenses to an eviction based on non-payment of rent may be different from defenses to an eviction for expiration of a lease.

Here are some possible defenses. Put them in your ANSWER if they apply to your case. Remember, you may list more than one defense. Some defenses apply in any kind of eviction. See letter "D" below.

A. Defenses in nonpayment of rent cases

You offered the rent to the landlord before the notice to quit was delivered to you; but he refused to take it.
The notice to quit came less than 9 days after your rent was due.
The landlord extended the date your rent was due, and then gave you the notice to quit before the new due date;
You did not agree to pay rent, OR you and the landlord disagreed about how much rent you should pay (For example: your landlord wanted to raise the rent and you did not agree).
Your apartment was unsafe or unhealthy (list reasons, such as no smoke detectors, no heat, lead paint, rodent infestation, etc.).

B. Defenses in cases based on "lapse of time" or if your lease has expired

You live in a building with at least 5 units, and you are blind or physically disabled.
You live in a building with at least 5 units, and either you or a family member (spouse, brother, sister, parent, or grandparent) who lives with you is 62 or older.
You live in public housing, subsidized housing or you get a rent subsidy through section 8, RAP or a similar government program. Be sure to write this on your Answer form and call legal services for help if you have a rent subsidy because each program has its own rules.
Within the past 6 months before the case started, you did one of the following: Complained to the landlord or to public officials about serious problems with your unit; complained to the Fair Rent Commission about your rent; or filed a case in court to force your landlord to repair the unit.
The notice to quit said you had to move out before your rental agreement ran out. (This is the end of the month unless there was a clear agreement on some other date).
The landlord is evicting you because of your race, color, religion, sex, national origin, marital status, mental retardation, physical or mental disability, learning disability, source of income, or because you have children. (This kind of defense can be very complicated, so try to talk to a lawyer.)

C. Defenses in cases based on violating your lease or legal obligations

The landlord did not send you a warning notice at least 15 days before sending you the notice to quit clearly telling you that what you did was wrong, and offering to let you pay for any damage or remedy the problem some other way.
The notice to quit did not clearly say what you did wrong.
You have repaired or paid for whatever lease violation the landlord claims.

D. Defenses in any eviction case

After you got the notice to quit, the landlord accepted the rent and agreed to drop the eviction case.
The notice to quit or summons was not either given to you in person or placed at least partially within your own private dwelling unit.
The notice to quit gave less than 3 full days between the day it was delivered to you and the date it told you to get out.
The landlord did not file the summons in court at least 3 full days before the Return Date (call the court to find out).

Note for tenants in subsidized housing: It may be a defense if your landlord did not follow all of the eviction procedures that are required by your lease.

9. When to File the Answer

File your ANSWER at the clerk's office of the court within 5 days after the "return date." If you do not, you could lose your case by "default" and be evicted without a hearing in front of a judge.

If you receive a paper in the mail called a MOTION FOR DEFAULT FOR FAILURE TO PLEAD, you must file an ANSWER immediately.

When you file your ANSWER, you must also mail a copy to the landlord or his or her lawyer. Keep a copy for yourself. If you have made any "Special Defenses," you should receive a REPLY.

10. Preparing for the Court Date

The court will usually schedule a hearing (trial) quickly (maybe a week or so) after the ANSWER or REPLY is filed. The court should mail you a notice of the trial date and time.

Basically, two things might happen on your hearing date:

1. You could settle the case before trial by making an agreement with your landlord. Usually, the agreement requires you to move out by a certain date, but sometimes a tenant is allowed to stay. If you make an agreement, the judge will not decide who is right or wrong, but will just order both sides to follow the agreement.

2. You could have a trial and let the judge decide the case. To win, the landlord must prove his or her case. The tenant must prove any SPECIAL DEFENSE.

While waiting for your trial date, you should be getting ready.

Before you go to court...

1. Be prepared to prove your SPECIAL DEFENSES, and

2. Decide what type of AGREEMENT you would want to make.

11. Preparing Your Defense

To present your SPECIAL DEFENSES, you must show that the statements you made in your ANSWER are true. For example, if the landlord said in the COMPLAINT that you did not pay your rent, and you really did pay it, you should bring your rent receipts, cancelled check, or any witness to prove it.

If you said as a "Special Defense" that conditions in your apartment violate state law (#3 and #4 on your Answer Form) so that you did not have to pay rent, you should immediately request an inspection of your apartment by your local housing code, health or building inspector. It will not be easy to convince the judge that the problems are so bad that you did not have to pay the rent. In some cases, and with time permitting before the hearing, HOUSING SPECIALISTS (see Section 12 below) do inspections ("site views"). Ask the court clerk for more information.

If you have had your apartment inspected by your housing code or health department, find out what violations were found and get a copy of the inspection report. You can testify yourself about the condition of the home; however, to get the inspection report admitted as evidence in court, the person who wrote the report must be there to testify. You should subpoena the inspector to ensure that he/she is in court. You can get information on how to serve a subpoena from the clerk's office. The subpoena is the only way to be sure a witness will come to court. Get the subpoena as soon as you have a trial date. Have the subpoena served by a State Judicial Marshal. The clerk's office can give you a list of marshals and give you the forms for a fee waiver if you cannot afford the marshal's fee of $20 to $50.

If you are charged with committing a nuisance, you might have to ask fellow tenants who think that you are a good neighbor to come to court to testify for you.

12. Preparing to Negotiate a Settlement Agreement

In most eviction cases in the housing court, the landlord and tenant make an agreement that settles (ends) the court case. The HOUSING SPECIALIST, who works for the court, helps landlords and tenants make these agreements.

To work out a good agreement, you must know

what you want,
what your chances are of winning if the judge decides the case, and
what kind of STAY OF EXECUTION you might be able to get if you lose the case (See Sections 16-17).

If you believe you can win your case or get a reasonable STAY OF EXECUTION, you are in a better position to work out a good settlement. There are many types of agreements.

If you are willing to move and you just want more time, you must decide how much time you need. If you are asking for more than a few weeks, you will probably have to pay the landlord more money under the court agreement. You need to decide what you can pay.

To make a settlement, each side usually gives up something in order to get something it wants. Often, people make these agreements so that they can control what happens. If the judge decides the case, you don't know what is going to happen. It could be good or it could be awful.

13. On The Trial Day

Come to court early. Settlements can be made before the trial date, but many are made on the day of the trial just before the hearing. Therefore, it is a good idea to come to court about 15 minutes early on the day of the hearing. (Also, if you are late, you could lose your case by "default.") Make all necessary arrangements in case you are in court until 5:00 p.m.

Bring whatever is necessary for your defense--witnesses, receipts, photographs, etc. Without these, you will not be able to prove your part of the case.

When court begins, the clerk (or the judge) calls the names of all the cases scheduled for that session. When yours is called, say you are there. Usually at this time the clerk or judge introduces the HOUSING SPECIALIST and explains that the Specialist can help make agreements. If you wish to try to settle your case, ask to see the Specialist. Usually the landlord or his/her attorney will also agree to see the Specialist.

14. Negotiating a Settlement Agreement

The Housing Specialist will ask you and the landlord or landlord's lawyer what you want to propose as a settlement. Ask for what you want. The Specialist will encourage you and the other side to be reasonable. The Specialist's job is to help you and the landlord reach a settlement that is fair to both sides.

The other side may try to tell you that you can't win in court and that you should accept its terms. Do not be intimidated or bullied. You do not have to accept a settlement that you don't want. You may insist on having a trial.

Make sure that any settlement you reach is one that you can carry out. If the settlement requires you to make certain payments into court or to the landlord, be sure you can make those payments. If you do not make a required payment, the landlord can put you out of your apartment very quickly.

If you reach an agreement, the Housing Specialist will write it up and make sure both sides understand it (this is often called a "stipulation"). The agreement will then be given to the judge, who will read it out loud in court. Make sure that what the judge says is what you agreed to. Once the judge accepts the settlement, it becomes an Order of the Court.

Get a copy of the agreement so you can remember exactly what you agreed to. If the agreement says that it is a "final stay" or that there will be "no further stays granted," you will not be able to make any APPLICATION FOR A STAY OF EXECUTION in the future if something comes up and you are unable to move out by the date in the agreement.

NOTE: Before you agree to a FINAL STAY OF EXECUTION, see Sections 16 through 18.

15. The Court Hearing

If you cannot reach an agreement, you will have to wait until the judge is ready to hear your case. The judge will call your case again when she or he is ready to hear it. At this time, walk up to the front of the courtroom where the judge sits.

The landlord explains first. The landlord or the landlord's attorney must explain his or her case first. After the landlord is finished, you may ask the landlord or witnesses any questions you have. You should not try to tell your side of the case until the landlord has finished presenting his or her side of the story.

You explain your side next. The judge will tell you when it is your turn to speak. Do not interrupt the judge, the landlord, or the lawyer when they speak. The judge will let both sides have a chance to speak.

When it is your turn, speak slowly and clearly, and explain your side. You must tell the truth as you will be under oath. After you testify, the landlord or landlord's lawyer and the judge can ask you questions.

You can also call any witnesses you have and ask them questions. You can try to present any written evidence you have such as your rent receipts or notices of code violations. The lawyer and judge can ask questions of your witnesses.

When the testimony is done, each side can make a final statement to the judge. The judge may decide the case at that time or send a notice of the decision in the mail.

After the Court Hearing...

16. Notice of Judgment

The NOTICE OF JUDGMENT will be mailed to you, and it will tell you whether you have won or lost. If you have lost (See Sample Form F), it will tell you how much time you have before you must move. (NOTE: If you are on state assistance, tell your state worker immediately that you are being evicted and may need help with moving expenses or emergency housing or a security deposit. You may even qualify for some of this aid when you have received only the notice to quit. Even if you do not receive state assistance, you may qualify for the security deposit help, depending on your income. Call the CT Department of Social Services and ask to speak to someone from Preventive Services.)

A. If you are being evicted for NUISANCE, using the premises for immoral or illegal purposes, or because you never had a right to be there, you can be evicted about one week after the date of JUDGMENT.

B. If you are being evicted for NONPAYMENT OF RENT, you can be evicted about one week after the date of JUDGMENT. However, if you want more time, you can apply for a STAY OF EXECUTION. To do this, you must do the following within 5 days, not counting Sunday, of the date of the JUDGMENT:

Deposit with the clerk the full amount of back rent. This can be paid only by certified bank check, money order, or cash.

and

Get an APPLICATION FOR STAY OF EXECUTION from the clerk, and file it with the clerk (See Section 17). In this case you may apply for an extension of up to three months. A hearing will be scheduled on the application.

C. If you are being evicted for some other reason, you have about one week before you can be evicted. You have the right to apply for a STAY OF EXECUTION of up to six months if you have been unable to find another place to live. You must fill out an APPLICATION FOR STAY OF EXECUTION at the clerk's office within 5 days of the JUDGMENT.

NOTE: If you wish to appeal your case to a higher court, you must do so within 5 days after the judgment was entered by the court. This is very difficult to do without a lawyer.

17. Application for Stay of Execution

NOTE: If you made an agreement when your case was in court earlier, the agreement may have provided for a "final" STAY OF EXECUTION (See Section 14). In that case, the court might not let you make any further APPLICATION FOR STAY OF EXECUTION. See Sample G.

After you have filled out the APPLICATION and filed it with the clerk's office, you will be notified by mail of the date and time for a hearing on your APPLICATION. For the judge to give you a STAY OF EXECUTION, you will have to:

A. Prove to the judge that you have taken reasonable steps to find another apartment, but have not been able to do so, and

B. Probably pay any rent owed to the landlord.

Keep a written list of apartments you have looked at or called about, as well as any agencies you have contacted. The list will help prove that you tried to find a new place to live. Include the names of landlords, apartment projects, or agencies, the date you contacted them, and the reason you did not rent the apartment.

As at the previous court hearing (See Sections 13 through 15) you can try to make an agreement or let the judge decide.

If the judge decides, she or he will tell you how long you may stay, what payments you must make, and whether you have a "final" stay or may come back to ask for more time if you still don't find an apartment. If the stay is not final and you need to ask for more time, you must file another APPLICATION FOR STAY OF EXECUTION before the old stay is up.

18. Changed Circumstances After Judgment

If you have a stay of execution (either by stipulation or by the judge's order) and you want to change it because circumstances have changed, you should file a motion to modify the stay of execution. (A change of circumstance could be you lost your job or the apartment is damaged). It is dangerous to stop paying what the order requires until the court gives you permission to do so.

19. Execution

If you could not get a STAY OF EXECUTION, or the time of your STAY OF EXECUTION is over, your landlord can get a paper called an EXECUTION from the court. The EXECUTION is the paper that gives a marshal the power to physically remove you, your family, and your belongings from your apartment. The marshal is supposed to try to notify you 24 hours before coming to remove you. The marshal does not have to speak to you personally; he or she might just leave a notice (See Sample Form H).

The marshal must also notify the city or town officials. If you have not moved by the time the marshal returns to carry out the eviction, she or he will remove your belongings and put them on the street. The city or town is then supposed to collect them and put them into storage. You must notify city or town officials within 15 days and pay the storage costs to get your belongings back. For this reason, you are better off moving yourself before the marshal carries out the eviction.

If you are unable to move out by the date of the EXECUTION and need just a few more days, you can try to get your landlord to extend the date of the EXECUTION. The landlord might agree in order to avoid paying the marshal's fees for forcibly evicting you.

If you are on state or city assistance, let your worker know that you may need help with moving and storage expenses and emergency housing.

If you are not on state or city assistance, call the Red Cross or your local shelter for homeless persons. (For information about shelters in you area, call Infoline at 2-1-1). You may also call the CT Department of Social Services, ask for Preventive Services, and ask whether you qualify for help with a security deposit.

If you get an execution and you think that it is illegal or unfair for your landlord to evict you, contact a lawyer immediately.

Sample Forms: (See the PDF version of this pamphlet for samples )

For Blank Forms:

See the State of CT Judicial Department website: Use the form identification number listed below to find the form. Forms are under the HOUSING section, except for Sample C - Appearance which is under the GENERAL section. - OR -
Click on the link shown below.

A: Notice To Quit (JD-HM-7)
B-1: Summons (JD-HM-32)
B-2: Complaint
C: Appearance (JD-CL-12) at the judicial site, the form is in the "General" section
D: Motion for Use & Occupancy Payments (JD-HM-27)
E: Answer (JD-HM-5)
F: Notice of Judgment (JD-HM-1)
G: Stay of Execution (JD-HM-21)
H: Execution (JD-HM-2)

For more information

Statewide Legal Services: (860) 344-0380 (Central CT & Middletown) 1-800-453-3320 (All other regions)

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on the laws in CT as of June 2008. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.

Helping Yourself Through The Eviction Process June 2008