Section 6: Evictions (Summary Process)

The first step in the Summary Process (eviction) process is the notice to quit possession (Sample). A notice to quit possession is a formal request that a tenant (lessee) or occupant vacate any land, building, house or dwelling unit, apartment, trailer, or trailer land.  Essentially, the tenant or occupant has three full days to resolve the condition outlined in the notice to quit, or vacate the premises before formal eviction proceedings are filed in court.  Note that the notice to quit is a request that the tenant vacate the property and not a court order requiring the tenant to do so.

 A summary process summons and complaint is the document filed by the landlord or owner in court which formally initiates the eviction action.  In the writ, summons and complaint the landlord or owner sets forth facts justifying a judgment for immediate possession or occupancy of specific premises and makes a claim for possession or occupancy of that premises. Generally, a service of a notice to quit must be done before the complaint process can be initiated. The General Statutes provide a few exceptions to this rule for where there is illegal use of the premises or a waiver of the notice.

A judgment for immediate possession is entered by the court as the final order after the tenant or occupant fails to appear or plead, or after a trial. There is an automatic stay of a summary process execution for five days, not counting Sundays, legal holidays or the date of the judgment. The tenant or occupant may apply for other stays of execution ranging from three to six months under statute.  See General Statutes § 47a-37.

A summary process execution for possession (eviction) goes into effect after the five day stay period following the judgment or later if other stays are requested and granted.  The execution permits the landlord or owner to take possession of a premises by hiring a state marshal to execute the eviction by removing individuals and their property from the premises.  After a clerk signs the execution, the landlord or owner must give the original to a state marshal for service. The state marshal is authorized to serve and execute the eviction in accordance with the statutes.

Authority

State marshals are empowered under statute to complete the service of the notice to quit, the summary process summons and complaint and the summary process execution.  In addition, they are empowered to conduct the summary process execution (eviction).  Note that a notice to quit possession can be served by an indifferent person anywhere in the state, a constable in his or her town, or a state marshal in his or her county.  The summary process summons and complaint may only be served by a constable or a state marshal within his or her jurisdiction.  Likewise, the summary process execution for possession may only be served and executed by a constable or a state marshal within his or her jurisdiction.

Manner     

Notice to quit possession: The landlord or owner must sign the notice, and list the name and address of all of the tenants (lessees) and/or occupants living in the premises.  If the landlord or owner knows that there are adults living in the premises, but does not know their names he or she may list “Jane Doe” or “John Doe” on the notice.  See the statutes listed below regarding service on unknown individuals.  The landlord or owner may leave off his or her own address from the notice and supply that information separately to the marshal. Note that each person listed on the notice must be served separately by the marshal with a verified true and attested copy of the notice to quit.  For residential matters, service may be made in hand or abode.  In non-residential matters the notice may be left at a commercial establishment, or with an officer, owner, or person in charge of an office or principal place of business.  There must be at least three full days between the date of service and the date on which the occupants must vacate the premises.  For example, if the notice specifies a May 20th move out date, service must be made by May 16th.  The individual has until midnight of the last date specified to vacate the property.

The landlord or owner must list a reason for the eviction in the notice to quit. While there are several reasons that may be utilized, the most common are for the nonpayment of rent or the termination of a lease for lapse of time.  There are special rules regarding timing for service of the notice to quit for certain types of leases.  The Judicial Branch has published a guide which outlines specific examples, entitled A Landlord’s Guide to Summary Process (Eviction) and available at: http://www.jud.ct.gov/pub.htm Opens in a new window Opens in a new window Opens in a new window Opens in a new window.  For more information about this Guide or questions about the process, you should call the Housing Court directly.

The notice to quit form has a section at the bottom where the marshal may fill in his or her return of service. See Forms at the end of this Section. A marshal may also create his or her own return. The marshal must return the original notice to quit with his or her return to the landlord or owner. The endorsement process and fee is the same as for civil process.

Summary process writ, summons and complaint:  A summary process writ, summons and complaint is served in the same way as a regular civil summons.  The landlord or owner must attach the original notice to quit along with the marshal’s return to the summons and complaint.  He or she may also attach a copy of the written lease (if applicable).  For residential property, the marshal may make in hand or abode service.  For commercial property, the marshal must leave a copy in hand with the person in charge at the commercial premises, the leaseholder, or a registered agent for service, or at the usual place of abode of the leaseholder.  Service must be made six days before the return day, and the landlord or owner must file the return with the court at least three full business days before the return day.  State marshal service fees are as in civil service.

Motion and order for payments for use and occupancy: A state marshal may be asked to serve a motion and order for payment for use and occupancy with the summary process complaint, wherein the court orders the defendant to deposit money with the court pending the housing court proceedings.  See General Statutes § 47a-26b.  If this motion is served with the complaint, the defendant has five days from the date the defendant appears in court to file an objection.

Summary process execution for possession (eviction):  The execution (eviction) occurs after judgment is entered and the statutory stays are over.  The execution must be completed within 60 days of the date the order is signed by the court (clerk). State marshals have considerable responsibilities and authority while conducting an eviction. The following list provides an overview of the process, however note that it is important for marshals to familiarize themselves with the applicable statutes. Note that the state marshal fee for the service of the execution on a summary process judgment is not more than $50.  In addition, the marshal may charge up to $100 per hour for the removal of property under the execution.  See General Statutes § 52-261 (b).  A marshal may not charge additional fees beyond those provided for in the statute.  The marshal may collect the mover’s fees upfront from the landlord or owner or invoice for the fees.  Alternatively, the landlord or owner may contract with the movers independently.

Eviction of tenants – residential property:  The eviction of tenants (lessees) and occupants from residential property is outlined in General Statutes § 47a-42.  The eviction must be completed within 60 days of the signature on the order.

1. At least 24 hours before the eviction, the state marshal must give the chief executive office of the town where the eviction will occur notice of the eviction, stating the date, time and location of the eviction and a general description, if known, of the types and amount of property to be removed from the premises and delivered to the designated place of storage. Some towns will only do a set number of evictions a week.

    

2. Before giving the 24-hour notice to the chief executive officer of the town, the state marshal shall use reasonable efforts to locate and notify the defendants (tenants, lessees or occupants) of the date and time of the eviction and the removal and possible sale of their property.  The marshal must serve a true and attested copy of the summary process execution on each defendant or other persons in occupancy, in hand or at the place of residence. The notice must advise the defendants that if they claim a right to remain on the premises, they should contact an attorney. The notice must also provide clear instructions as to how and where the defendant may reclaim any possessions and personal effects removed and stored at the designated place of storage, including a telephone number that may be called to arrange release of such possessions and personal effects.

    

3. The state marshal must arrange for movers.  The marshal is advised to use only bonded, licensed movers for the protection of the marshals, their clients, the town and the defendants. The movers will transport the property to the storage facility designated by the chief executive officer of the town or city.  Note that the chief executive officer may delegate that authority to the public works division, or another official of the town or city. The state marshal is required to stay on the premises during the course of the eviction and stay with the goods and the movers until they are delivered to the storage facility. The goods are stored for fifteen days at the defendant’s expense at the storage facility. The tenant can come and claim the goods and pay any storage expenses.  At the end of fifteen days, the town is authorized to sell the goods at an auction. It is good professional practice for the marshal to create a detailed inventory of all items transported to the town storage facility.  The marshal may also want to take pictures of expensive items that were transported (i.e. televisions or electronics).  Such an inventory or pictures may be helpful if the marshal is faced with a claim of lost, stolen, or damaged items.  As noted above, the state marshal is responsible for informing the tenant how and where he or she may reclaim the possessions, including providing a telephone number for the facility. The state marshal should provide this information on the execution form.

    

4. Once an eviction is properly noticed, tenants are subject to a criminal trespass charge if they remain on the premises.  The state marshal may exercise discretion when determining whether or not to permit the tenant take critical items such as medicine and personal papers or other essential items.  The marshal should not interfere with the efficient flow of the eviction and may not allow the tenant on the property against the landlord’s wishes.  The marshal must direct the movers to take the property to the storage facility designated by the town or city.  The marshal may not permit the movers to take the goods to a place directed by the tenant, even if the tenant wants to pay for that action.  The storage facility may not take items which pose a health hazard or items that are broken or trash.  The marshal should contact each storage facility directly to determine its rules regarding storage and the items that are not permitted.  The state marshal must exercise reasonable discretion in determining which items to take.  It is also advisable that the marshal create a general list of the items which are not taken. 

    

5. If there are animals present on the property, the state marshal should contact the animal control officer in the town or city.  If there are cars or boats or other large unusual items, the marshal should contact the town or city to determine where they should be transported for storage.

    

6. While the statute authorizes marshals to remove individuals from the premises, such action is inadvisable. The best professional practice is to seek the assistance of the police in cases involving the removal of an individual. Subsequent to the eviction, the police may charge the individual with criminal trespass.

    

7. General Statutes § 52-261(b), sets maximum fees for the service of process and an hourly rate for the eviction.  The movers may be paid by the marshal who will then invoice his or her client.  In the alternative, the client can pay the movers directly.  Marshals should work with their clients before the eviction to determine how the movers will be paid.

Subsequent to conducting the eviction, the state marshal must provide a return.  There is space for the marshal’s return on the bottom portion of the Summary Process Execution for Possession. Eviction of tenants – commercial property:  The eviction of tenants (lessees or occupants) from commercial property is outlined in General Statutes § 47a-42a.  This action needs to be done within 60 days of the order signature date.  

1. The state marshal must make reasonable efforts, at least 24 hours before the eviction, to locate and notify the defendants (tenants, lessees or occupants) of the date and time of the eviction and the removal and possible forfeiture property to the landlord or owner. The documents give notice to the individual that if they claim a right to remain on the property they should contact an attorney. The marshal must serve a true and attested copy of the summary process execution on each defendant or other persons in occupancy, in hand, abode or at the commercial property. For particular situations always check with the client and the statutes. See statute sections below.

    

2. If the defendants (tenants, lessees or occupants) have not vacated, the plaintiff (landlord or owner) in the presence of the state marshal shall prepare, sign and date, an inventory of such possessions and personal effects and provide a copy of the inventory to the marshal. The marshal will then attach the inventory to the original eviction papers. The plaintiff must make arrangements to store the goods on the premises or hire movers to remove and store such possessions at the expense of the defendant. Fifteen days after the eviction, if the defendant does not claim the goods and pay storage costs, the defendant forfeits the goods to the plaintiff, who may dispose of the possessions. After fifteen days, the marshal should return the original papers and inventory list to the plaintiff.

    

3. While the statute authorizes marshals to remove individuals from the premises, such action is inadvisable. The best professional practice is to seek the assistance of the police in cases involving the removal of an individual.  Subsequent to the eviction, the police may charge the individual with criminal trespass.

    

4. Subsequent to conducting the eviction, the state marshal must provide a return.  There is space for the marshal’s return on the bottom portion of the Summary Process Execution for Possession (nonresidential).

Entry and Detainer procedures:  In general, these procedures apply when someone has made forcible entry onto property or otherwise takes possession of the property thus putting a party out of possession.  See General Statutes § 47a-43.  The court will direct to a proper office a hearing notice to be served on the party who has taken possession of the property.

Appointment of Receiver of Rents: Special procedures for service in matters where the court deems it necessary to appoint a receiver because of a noncompliant landlord or owner.  See General Statutes § 47a-56b.

Ejectment:  In matters involving the foreclosure of a mortgage or lien upon land, plaintiffs can seek an execution for ejectment.  State marshals are charged with putting the plaintiff in possession of the property in the same manner (described above) as with a residential property summary process execution. See General Statutes § 49-22.  Note that if a tenant takes possession after a lis pendens is filed, that tenant needs to be joined as a party to the foreclosure action in order to be ejected pursuant to General Statutes § 49-22 (a).  See Tappin v. Homecomings Financial Network, 265 Conn. 741 (2003).

Major Statutes  

There are many statutes/regulations that touch on evictions and ejectments. The state marshal should always check with his or her client, attorney (if applicable), and the statutes if he or she has any questions about a particular eviction.

These statutes are available in the Statutes section of the Connecticut General Assembly website Opens in a new window. 

The following reference list is not exhaustive and sets forth only the most important and commonly used statutes covering evictions and ejectments:

47a-21 (f)        Nonresident landlord must appoint in writing the Secretary of the State as his/her                                      attorney upon whom all process in any action or proceeding against the
                        landlord may be served.

47a-23             Notice to quit possession.

47a-23a           Summary process summons and complaint.

47a-23b           Service on tenant (lessee/occupant) who is a nonresident or whose whereabouts are                                 unknown. Note deadlines and notice by publication sections.

47a-23c           Prohibition on eviction of certain tenants without cause (disabled individuals or those                                 sixty-two years of age or older).

47a-26b           Motion for order of payments for use and occupancy.

52-261 (b)       State marshal fees.

47a-26h           Persons bound by summary process judgment/exemptions.

47a-31             Illegal use of the premises.

47a-35             Stays of execution. See also General Statutes §§ 47a-26i (motion to set aside stay), 47a-37                           (applications for stay) and 47a-39 (grounds for stay).

47a-41a           Execution (eviction) on a judgment cannot be issued more that six months after the                                   entry of judgment on the matter; periods of stays excluded.

47a-42             Eviction procedures for residential property.

47a-42a           Eviction procedures for commercial property.

47a-25             Waiver of notice to quit.

47a-11b           Abandoned property; landlord’s remedies.

47a-11d           Death of tenant; landlord’s remedies.

47a-26a           Service of Judgment for Failure to Plead.

47a-14d           Service procedure for judgment of tenement receivership.

47a-14h           Action by tenant to enforce landlord’s responsibilities.

47a-15             Breach by tenant; landlord’s remedies.

52-48               Return day.

49-22               Foreclosure ejectment.

Forms

The following is a list of the common forms utilized for the eviction process and mortgage foreclosure ejectments.   Note that these forms are updated frequently by the Judicial Branch.  Accordingly, it is important to verify that the most recent form has been utilized.  These forms are available at the Forms section of the Judicial Branch website located at: http://www.jud.ct.gov/webforms

JD-HM-007     Notice To Quit (End) Possession 

JD-HM-008     Summary Process (Eviction) Complaint, Nonpayment of Rent 

JD-HM-003     Claim of Exemption - Summary Process (Eviction)

JD-HM-032     Summons - Summary Process (Eviction)

JD-HM-002     Summary Process Execution For Possession

JD-HM-034     Summary Process Execution for Possession- Nonresidential

JD-CV-030     Execution for Ejectment, Mortgage Foreclosure