Notes:
An 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, s/he 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. A copy of a summons and complaint is attached as Form B.
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. A copy of an appearance is attached as Form C. You may get the appearance form from the 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. Then the marshal may come to put you out as soon as ten days after the return date. You should contact a lawyer as soon as you receive the summons and complaint. If for any reason you are unable to talk to a lawyer by the second day after the return date, you should go to the court listed on the summons (the address is printed on the second line of the summons) and ask the clerk for help in filing an appearance. This will give you a little more time. If you will not be represented by an attorney, you will need to complete and file a form called an "Answer" yourself. A sample answer is attached as Form D. The answer is your chance to respond to what the landlord has claimed, and tell the judge any defenses you have. You can get the answer form from the clerk's office, and ask the clerk for instructions if you don't know how to fill it out.
Remember, an eviction is a court action. Just because your landlord has started an eviction, it doesn't mean that s/he will win or that you won't be able to gain a few months time. You have important rights which you 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 by not paying your rent) or that you are creating a nuisance, in most cases you should receive a separate notice in addition to the notice to quit and the summons and complaint. See the warning below.
No. An eviction is the only way a landlord can force you out of your apartment even if you haven't paid your rent. You do not have to move just because s/he has begun the eviction action. You can only be put out if the landlord wins the eviction action in court. Even then the judge may give you extra time to move (this extra time is called a STAY OF EXECUTION) if you pay what you owe, or you might be able to bargain for more time with your landlord.
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. See the Legal Aid pamphlet, Tenants' Rights: Lockouts.
IF YOU HAVE A WRITTEN LEASE, your landlord can begin an eviction action only:
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:
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. See Legal Aid's pamphlet, Tenants' Rights: Just Cause Eviction and ask about protections for mobile home owners.
The kind of defenses which a tenant can raise in an eviction action depends upon the reason the landlord began the eviction action and the type of lease involved. Defenses may include the following:
The landlord cannot begin an eviction case until the time given in the notice to quit has passed. After that, the marshal can serve the summons and complaint. The return date should be at least six days later. You then have two days after the return date to file your appearance with the court.
How quickly the case moves after the return date depends upon many things. If you do nothing at all, the marshal may put you out within ten days. If you have a lawyer, or if you learn how to defend yourself, it is likely that the eviction will take longer to complete.
Once you or your attorney has filed your appearance and answer, your case will be scheduled for a trial. You will get notice from the court or your attorney of the trial date. Be sure to go to court on that date, on time, and to bring with you any witnesses who can support your claims. Your court date will be your opportunity to try to settle your case with your landlord, or, if that is not possible, to tell the judge your side of the story.
YES. You can always try to settle your dispute with your landlord. However, once the notice to quit has been served, you should deal directly with the landlord's lawyer. His or her name will usually be on the notice to quit.
You can also try to make an agreement with your landlord before or after you go to court. However, you will have the most protection if any agreement you make is filed with, and approved by, the judge. Any agreement you make with the landlord or the lawyer should be in writing and should be signed by both of you. Make sure the agreement has a date on it. Keep a copy of the agreement for yourself. You can make an agreement any time, even after the court has ordered that you be evicted.
The best way to try to settle your dispute is in court, with the help of a housing specialist. The housing specialist works at the court, and tries to help landlords and tenants resolve their disputes. When you go to court for your trial, the judge will probably refer you and your landlord to a housing specialist. If you cannot reach an agreement with your landlord with the help of the specialist, you can take your case to the judge, and he or she will decide if your landlord has the right to evict you.
WARNING # 1: If you agree to pay rent to your landlord, pay by check or bank or postal money order. Write on your check: RENT IN FULL FOR THE MONTH/WEEK OF _______. DO NOT PAY CASH. Be sure you keep your cancelled check or money order receipt.
WARNING # 2: No matter how you pay, be sure to ask for a receipt. Your landlord must give you a receipt if you pay in cash. The receipt from your landlord must include date of payment, amount received, and purpose of the payment.
WARNING # 3: If your landlord has said or written on the notice to quit that s/he will only accept your money as USE AND OCCUPANCY, the landlord may keep what you pay and still proceed with the eviction.
WARNING # 4: If you have received the summons and complaint, you should file an appearance with the court even if your landlord agrees to work things out with you. If you don't file an appearance, you will lose the eviction by default, and your landlord can have the marshal put you out.
Since an eviction by the marshal will cost the landlord money, you may be able to negotiate for extra time to move your belongings out. If you are being evicted for non-payment of rent, for breaking the law, for being a nuisance, or if you never had a right to live there, the law gives you a STAY OF EXECUTION for 5 days after you lose the case. In the case of an eviction for non-payment of rent, you are entitled to ask the judge for an additional stay up to 3 months if you deposit (pay) to the court all the back rent that you owe to your landlord. You will need to fill out a STAY OF EXECUTION form and pay the back rent into court within 5 days of the date of the Judgment. A copy is attached as Form E.
If you are evicted for almost any other reason, the law gives you an automatic stay of execution for 5 days, and you can ask the judge for an additional 6 months. Again, you will need to fill out a Stay of Execution form. If the court grants you additional stays, you will probably have to pay rent to your landlord. The clerk's office at the courthouse has forms for requesting an additional stay. You must make your request before the original stay runs out.
NOTE: If you were evicted because the apartment in which you live will be converted into a condominium, the judge can grant more Stay of Execution until the stays total 15 months. But 15-month stays are not common.
When the stay of execution expires, the marshal can physically remove you and your belongings from the apartment. The law says that the marshal must notify the town 24 hours before s/he evicts you. The marshal must notify you as well, but if s/he can't find you, the marshal can still go ahead with the eviction.
If you don't move out before the marshal comes, s/he will remove your belongings. The town will store your belongings for 15 days. After that, the town will sell your belongings at a public auction. To get your belongings, you will have to pay moving and storage costs. The town clerk or town attorney should be able to tell you how to get your belongings back.
If at all possible, move yourself before the marshal comes. Try to arrange to store your belongings with friends. If necessary, try to talk the landlord into giving you a few extra days.
If you receive state welfare assistance, contact the state right away. You may be entitled to emergency housing and moving expenses. Even if you are not on state assistance, you may be able to get help with a security deposit. Call the CT Department of Social Services and ask to speak to someone from Preventive Services. (Also see the Legal Aid pamphlet What Can I Do If I Become Homeless?)
If you are not named on any of the eviction papers, DO NOT IGNORE THE EVICTION. As soon as you can you should go to the clerk of the court and file a CLAIM OF EXEMPTION. The clerk has the forms.
You must file a claim of exemption as soon as possible. If the marshal gives you notice that s/he is coming by to remove your belongings, it's too late.
A hearing will be scheduled and at the hearing the judge will decide if you are covered by the eviction. Bring to the hearing all written evidence that you live at the apartment, such as a lease, rent receipts, and mail. Bring all witnesses and evidence that the landlord knows that you live there and knew already when the notice to quit was delivered.
In some cases, especially if you have a written lease, your landlord is supposed to send you a written notice at least 15 days before serving the notice to quit. If you receive a notice complaining about your behavior or claiming that you have violated your lease, you should contact a lawyer. By acting quickly you may avoid an eviction.
For more information, call Statewide Legal Services at 860-344-0380 (central CT) or 1-800-453-3320.
This document 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 document is based on the laws in CT as of July 2007. 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.
Copyright: July 2007