Connecticut Eviction Process Form

Connecticut Eviction Process.pdf A landlord seeking to legally remove a tenant from his or her property in connecticut will have to follow the instructions if they seek to do it themselves. The court

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A LANDLORD’S GUIDEState of Connecticut Judicial BranchSuperior Court

 

This material may be made available in an alternate format, or other assistance may be provided upon request by a qualified individual with a disability under the provisions of the Americans with Disabilities Act.

TABLE OF CONTENTS

 

Notice to Quit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

 

Summons and Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

 

Default Judgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

 

Trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

 

Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

 

Lawyer Referral Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 

Appendices:

 

I. Listing of Housing Sessions by Towns  . . . . . . . . . . . . . . . . . . . . 10

 

II. Superior Court – Housing Session Locations . . . . . . . . . . . . . . . 11

 

III. Geographical Area Court Locations

Handling Housing Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

 

IV. Judicial District Court Locations

Handling Housing Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

 

V. Lawyer Referral Service Offices . . . . . . . . . . . . . . . . . . . . . . . . . . 14

 

Court Forms:

 

JD-HM-7: Notice to Quit Possession – Nonpayment of Rent . . . . 15

 

JD-HM-32: Summons – Summary Process (Eviction) . . . . . . . . . . 16

 

JD-HM-8: Summary Process (Eviction) – Complaint

Nonpayment of Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

 

JD-HM-20: Summary Process (Eviction) – Complaint

Lapse of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

 

JD-HM-9: Motion for Default – Failure to Appear. . . . . . . . . . . . . 19

 

JD-HM-10: Motion for Default – Failure to Plead . . . . . . . . . . . . . 20

 

JD-HM-2: Summary Process Execution for Possession . . . . . . . . 21

 

JD-HM-22: Affidavit Re: Noncompliance with Stipulation . . . . . 22

 

 

 

 

 

 

 

INTRODUCTION

 

 

 

 

 

 

 

This pamphlet is designed to inform you of the basic steps in an Eviction (Summary Process) action. It is not intended as a substitute for the advice of an attorney. The clerk’s office is not responsible for any errors or omissions in this pamphlet. If you feel you need more information or assistance, you should either consult

an attorney or read the appropriate sections of the Connecticut General Statutes and Connecticut Practice Book. The material in this booklet does not address the specific law pertaining to commercial property leases, and, therefore, should not be relied upon in cases involving commercial property disputes.

 

 

 

 

 

 

 

 

 

 

Note: This pamphlet refers to a single landlord, tenant or defendant for ease of reading only. Actual eviction cases may involve multiple landlords, tenants and/or defendants.

 

NOTICE TO QUIT

 

 

The first step in the Summary Process (Eviction) procedure is the Notice to Quit Possession. The form you must use for the Notice to Quit, which the court will provide upon request, must be completed with the exact name and address, including the apartment number, floor number or other designation, if any, of each adult tenant you want to evict and must be signed by you as the plaintiff/landlord. There must be an original Notice to Quit Possession and sufficient addi- tional copies for each tenant who lives there. You should also keep 1 (one) copy for your own records. (See JD-HM-7 on page 15)

 

You must state a reason on the Notice to Quit. The most frequently used reasons for evictions are non- payment of rent and termination of lease by lapse

of time. These materials are designed to assist you in those types of cases. Evictions for other reasons may be more complex cases and are not addressed in this booklet.

 

Always include in the Notice to Quit Possession the names of all adults living in the premises. If you know that there are adults living in the premises, but you do not know their names, you may characterize them as John and/or Jane Doe, as appropriate.

 

In any eviction, the Notice to Quit must allow the tenant at least 3 (three) full days in which to move. This means that there must be 3 (three) full intervening days between the date the Notice to Quit is served on your tenant and the last day specified in

the Notice to Quit for the tenant to vacate the premises.

 

 

 

The first and last days are not counted in computing the 3 (three) days. (For example, if the Notice specifies that the tenant must move out by May 15, the state marshal must serve the Notice no later than May 11.)

 

In all cases, the tenants have until midnight of the last day given to them in the Notice to Quit to vacate the premises before you can proceed with the Summons and Complaint, as explained below.

 

Month-to-Month Tenancy. In nonpayment of rent situations which involve oral or written month-to- month tenancies, the Notice to Quit cannot be served until the tenth day after the date the rent was due, not counting the due date. (For example, if the rent is due on May 1, the Notice to Quit cannot be served until May 11.)

 

However, the Notice to Quit may also be served during the month immediately following the nonpayment of rent in a month-to-month tenancy. (For example, if the rent due on May 1 is not paid, the Notice to Quit may be served at any time from May 11 through the end of June.)

 

 

Week-to-Week Tenancy. In nonpayment of rent situations which involve oral or written week-to-week tenancies, the Notice to Quit cannot be served until the fifth day after the rent was due, not counting the due date. (For example, if the rent is due on May 10, the Notice to Quit cannot be served until May 15.)

 

 

However, the Notice to Quit may also be served during the week immediately following the nonpayment of rent

 

 

 

in a week-to-week tenancy. (For example, if the rent due on May 10 is not paid, the Notice to Quit may be served at any time from May 15 through the end of the next week, which would be May 23.)

 

 

Lapse of Time. In cases when an oral or written lease has terminated by lapse of time (“without cause evic- tion”), the tenant must be given at least 3 (three) full days and at least until the end of the time period to which he or she would normally have been entitled to vacate the premises. (For example, in an oral month-to- month  situation running from May 1 to May 31, if the Notice to Quit is served no later than May 27, it must give the tenant at least until the last day of the month, which is May 31 in this case. If, however, the Notice to Quit is not served until May 28, it must give the tenant

until June 1 to vacate.) (See JD-HM-7 on page 15)

 

 

The Notice to Quit must be formally served. Service by a state marshal will satisfy this requirement. The fee charged by the state marshal for service is approximately

$35.00 to $45.00. After the state marshal serves the Notice to Quit, the original will be returned to you, with the state marshal’s signature, indicating that service was made. This is known as the State Marshal’s Return of Service.

 

 

SUMMONS AND COMPLAINT

 

 

If your tenant still has not moved after the last day given in the Notice to Quit, you must return to the clerk’s office with the original Notice to Quit, the State Marshal’s Return of Service, and a completed Summons and

 

 

 

Complaint. (See JD-HM-32 on page 16 for an example of a completed Summons. See JD-HM-8 on page 17 for an example of a Complaint issued for nonpayment of rent in an oral, month-to-month tenancy, and JD-HM-20 on page 18 for a Complaint issued for termination of lease by lapse

of time in an oral month-to-month tenancy.) You will need to make 1 (one) original and a copy for each of the tenants/defendants. In addition, you should keep 1 (one) copy of everything for your records. Be sure to indicate in numbers 1 (one) and 3 (three) of either Complaint whether it is an oral or written week-to-week, month-to-month or year’s lease.

 

You must personally return to the court with your completed Summons and Complaint for the clerk’s signature on the Summons. Also, bring the original Notice to Quit with the State Marshal’s Return of Service. The clerk will set the return date on the Sum- mons. The return date is a date from which certain

time periods are measured, such as when the defendant must file an Appearance or a Pleading (Response). The return date can be any day of the week except Sundays and holidays. It is not necessary for you to appear in court on the return date because there will be no hearing on that date. After the clerk sets the return date and signs the Summons, you should keep 1 (one) copy of all papers for yourself and give the original and sufficient copies for each defendant to the state marshal, who will serve a copy on each defendant and return the original to you. The fee for this service is approximately $45.00 to $60.00.

 

Once the state marshal returns the original Summons and Complaint to you with the Return of Service noted, you must file them at the clerk’s office with the original

 

 

 

Notice to Quit, at least 4 (four) days before the return date on the Summons. When filing these papers, you must pay an entry fee to the clerk. As of the date of printing, this fee is $120.00. Payment must be made at the time of filing by cash or check payable to Clerk, Superior Court.

 

Always have the case name and return date available when inquiring about your case docket number, if it has previously been given to you.

 

DEFAULT JUDGMENTS

 

 

 

 

The defendant has 2 (two) full days after the return date to file an Appearance in the case to contest the eviction. If no Appearance is filed by the third day after the return date, you may request a Default Judgment for Failure

to Appear. (See JD-HM-9 on page 19) In order to obtain the Default Judgment for Failure to Appear, you must personally come to the clerk’s office to file a Motion for Default Judgment for Failure to Appear and a Military Affidavit. The office will supply you with this form. You must mail a copy of this Motion to the defendant and file the original with the court. Keep 1 (one) copy for your records and make a note of the case docket number. If no appearance is filed and all papers are in order, a judge will enter a Default Judgment in your favor without

the necessity of a hearing. You will be notified by mail;

therefore, please do not call the clerk’s office.

 

If, however, the defendant does file an Appearance but no Response to your Complaint (Pleading), you should personally come to the clerk’s office and file a Motion for Default Judgment for Failure to Plead. (See JD-HM-10 on

 

 

 

page 20) The clerk will provide you with this form. This

Motion will require that the defendant file some type

of Response to your Complaint within 3 (three) days,

not counting Sundays and holidays, after the Motion is

filed with the clerk’s office. A copy of the Motion must

be mailed to the defendant or the defendant’s attorney, if

there is one, and the original must be filed with the court.

Keep 1 (one) copy for your records and make a note of

the case docket number. If no Pleading is filed within this

3 (three)-day period and all papers are in order, a judge

will enter a Default Judgment without the necessity of a

hearing. You will be notified by mail; therefore, please do

not call the clerk’s office.

 

In all cases in which the defendant has an attorney to represent him or her, all court documents must be sent to the attorney and not to the defendant.

 

 

 

TRIALS

 

 

 

If the defendant files a Response (Pleading), you will receive a copy. If the Pleading is an Answer and Special Defense(s), you must file with the clerk a Reply to the Special Defense(s), and mail a copy to the defendant

or the defendant’s attorney. A form for the Reply

is available at the clerk’s office. A trial will then be

scheduled at which time the case may be heard by a

judge. You will be notified of the date and time of the

hearing by mail. Be on time and bring all witnesses,

receipts, and related documents to the hearing. This is

very important or you may lose your case for lack of

proof. If a witness will not come to court voluntarily,

 

 

 

you may apply for a subpoena at the clerk’s office at least 2 (two) days before the scheduled hearing date. If a judge grants the application, a subpoena will be issued. The subpoena must be served on your witness at least 18 (eighteen) hours before your hearing date and time. The state marshal will charge you a fee to serve the subpoena.

 

On the day of the trial, your case will be called by the courtroom clerk. When your case is called, be sure to tell the clerk that you are present. After your case is called, you will meet with a Housing Mediator, who is a specially trained mediator, who will discuss the case with you and the defendant. The Housing Mediator will assist you and the defendant in working out a fair settlement. If you and the defendant agree on a settle- ment, the agreement will be reviewed by the judge. If

it is approved by the judge, it will be entered on the record as a “Stipulated Judgment.” You will be given a copy of this, which you should be sure to keep.

 

You are under no obligation to settle your case. If you do not work out an agreement, there will be a trial. The judge will hear the case and make a decision based on all of the evidence. The judge will either announce the decision in court or you will be notified by mail.

 

 

 

EXECUTION

 

 

 

If a judgment for immediate possession is entered in your favor, either by default or after a hearing, the defendant has a 5 (five)-day Stay of Execution, not counting intervening Sundays, legal holidays, or the date of judgment.

 

 

 

However, in cases of nonpayment only, the defendant can apply to the court for up to an additional 3 (three) months in which to stay, if the full amount of the back rent and/or use and occupancy is paid to the court within 5 (five) days of judgment, and an Application for a Stay of Execution is filed. In cases of termination of lease by lapse of time, the defendant can file an Application for Stay of Execution for up to an additional 6 (six) months from the date of judgment. A hearing will be scheduled to establish the actual amount of time the defendant

can stay, if any, and the conditions, if any. You will be notified by mail of the date and time of the hearing on the Application for a Stay of Execution.

 

If the defendant has not vacated the premises after the

5 (five) full days expire or applied for an additional

Stay, as outlined above, you may obtain from the clerk’s

office a Summary Process Execution. (See JD-HM-2 on

page 21) The Execution must be completed by you and

given to the clerk for signature. After the Execution is

returned to you, you must give it to a state marshal for

service on the defendant. The Execution informs the

defendant that they must vacate the premises within

a minimum of 24 (twenty-four) hours or be physically

removed from the premises and if the defendant does

not move the defendant’s possessions and personal

effects they will be removed by the marshal and stored

at the defendant’s expense. If the defendant does not

claim those belongings, they may be sold by the town.

 

In order to obtain an Execution in cases in which a payment condition of a stipulated judgment has been violated, you must file an Affidavit of Non-Compliance, available at the clerk’s office, stating exactly which payment has not been made, along with a completed Execution form. (See JD-HM-22 on page 22) You must

 

 

 

immediately mail a copy of the Affidavit to the defendant or the defendant’s attorney. An Execution will not issue until the third business day after the filing of the Affidavit.

 

If the defendant files an Objection, a hearing will be scheduled. If no Objection is filed, an Execution will be signed and issued to you at the appropriate time.

 

In those cases in which a condition of a stipulated judgment other than a payment term has been violated, an Affidavit must be filed stating the condition which has been violated. A hearing before the judge will be scheduled. The judge will decide whether an Execution should be issued. An Execution may only issue for

six months from the date of judgment or from the termination date of a court-approved Stay of Execution, whichever is later.

 

 

LAWYER REFERRAL SERVICE

 

 

If you feel you need additional assistance, legal advice or representation, you should consult your attorney. You may obtain an attorney by contacting a Lawyer Referral Service office. (See Appendix V for a listing of Lawyer Referral Service offices.)

 

 

 

Note:

 

1. If there is more than 1 (one) plaintiff, all plain- tiffs may be required to sign Pleadings and to appear for all proceedings.

 

2. Only the clerk’s offices of the Housing Sessions are authorized by C.G.S. §51-52(d) to assist parties representing themselves (pro se parties).

APPENDIX I

 

LISTING OF HOUSING SESSIONS BY TOWNS

 

Bridgeport Housing Session

Bridgeport Fairfield Stratford
Easton Monroe Trumbull

 

Hartford Housing Session

Avon Glastonbury Simsbury
Bloomfield Granby Southington
Canton Hartford South Windsor
East Granby Hartland Suffield
East Hartford Manchester West Hartford
East Windsor Marlborough Wethersfield
Enfield Newington Windsor
Farmington Rocky Hill Windsor Locks

 

New Britain Housing Session

Avon Farmington Rocky Hill
Berlin New Britain Simsbury
Bristol Newington Southington
Burlington Plainville Wethersfield
Canton Plymouth

 

New Haven Housing Session

Bethany Madison North Haven
Branford Meriden Orange
Cheshire Milford Wallingford
East Haven New Haven West Haven
Guilford North Branford Woodbridge
Hamden

 

Stamford/Norwalk Housing Session

Darien Norwalk Westport
Greenwich Stamford Wilton
New Canaan Weston

 

Waterbury Housing Session

Middlebury Prospect Watertown
Naugatuck Southbury Wolcott
Plymouth Waterbury Woodbury

APPENDIX II

 

SUPERIOR COURT

HOUSING SESSION LOCATIONS

 

 

 

LOCATION

TELEPHONE

 

Fairfield Judicial DistrictSuperior CourtHousing Session

1061 Main Street

Bridgeport, Connecticut 06604

(203)579-6936
Hartford Judicial DistrictSuperior CourtHousing Session

80 Washington Street

Hartford, Connecticut 06106

(860)756-7920
New Britain Judicial DistrictSuperior CourtHousing Session

20 Franklin Square

New Britain, Connecticut 06051

(860)515-5130
New Haven Judicial DistrictSuperior CourtHousing Session

121 Elm Street

New Haven, Connecticut 06510

(203)789-7937
Stamford/Norwalk Judicial DistrictSuperior CourtHousing Session

17 Belden Avenue

Norwalk, Connecticut 06850

(203)846-4332
Waterbury Judicial DistrictSuperior CourtHousing Session

300 Grand Street

Waterbury, CT 06702

(203)591-3310

APPENDIX III

 

GEOGRAPHICAL AREA COURT LOCATIONS HANDLING HOUSING MATTERS

 

 

 

 

LOCATION (G.A.) TELEPHONE

 

G.A. 3146 White StreetDanbury, Connecticut 06810 (203) 207-8600
G.A. 5106 Elizabeth StreetDerby, Connecticut 06418 (203) 735-9625
G.A. 10112 Broad Street

New London, CT 06320

(860) 443-8346
G.A. 11120 School StreetDanielson, CT 06239 (860) 779-8480
G.A. 1880 Doyle Road(P.O. Box 667)

Bantam, Connecticut 06750

(860) 567-3942
G.A. 211 Courthouse Square

Norwich, Connecticut 06360

(860) 889-7338

APPENDIX IV

 

JUDICIAL DISTRICT COURT LOCATIONS HANDLING HOUSING MATTERS

 

 

 

 

LOCATION (J.D.) TELEPHONE

 

Judicial District at Meriden54 West Main StreetMeriden, Connecticut 06450 (203) 238-6667
Judicial District at Middlesex1 Court StreetMiddletown, CT 06457-3374 (860) 343-6400
Judicial District at Tolland69 Brooklyn StreetRockville, Connecticut 06066 (860) 896-4920

APPENDIX V

 

 

 

LAWYER REFERRAL SERVICE OFFICES

 

 

 

 

 

LOCATION TELEPHONE

 

Fairfield County (203) 335-4116
Hartford, Litchfield, Middlesex, Tolland and Windham Counties (860) 525-6052

(Hartford)

New Haven County (203) 562-5750
New London County (860) 889-9384M/W/F

JD-HM-7: Notice to Quit Possession

 

 

 

INSTRUCTIONS TO LANDLORD

1. Submit to a marshal or any proper officer the completed original and sufficient copies for each adult occupant and/or tenant you wish to evict. Notice must be served on each occupant or tenant in accordance with C.G.S. § 47a-23.

2. After service is made, the original Notice to Quit will be returned to you. If you do not wish to include your address on this form, provide this information on a separate sheet so that the officer can return the original notice to you promptly after making service.

 

NOTICE TO QUIT POSSESSION

JD-HM-7 Rev. 9-07 C.G.S. § 47a-23 www.jud.ct.gov

 

TO: NAME(S) OF TENANT(S) AND/OR OCCUPANT(S)

 

COMPLETE ADDRESS OF PREMISES, INCLUDING APARTMENT NO., IF ANY

 

I hereby give you notice that you are to quit possession or occupancy of the premises described above and now occupied by you on or before for the following reason(s) (specify):

(Date)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If you have not moved out of the premises by the date indicated above, an eviction may be started against you.

 

NAME OF LANDLORD (Print or type)

 

SIGNED (Landlord/Attorney)

 

DATED AT (Town)

ON (Date)

 

ADDRESS OF LANDLORD (Submit to proper officer on a separate sheet if desired.)

 

RETURN OF SERVICE  (TO BE COMPLETED BY SERVING  OFFICER)
SERVICE MADE AT (Address) ON (Date of service)
Then and there I made due and legal service of the foregoing notice by leaving a true and attested copy (copies) with/at the usual place of abode of each of the within-named tenant(s) and/or occupant(s). FEES
COPY
ENDORSEMENT
SERVICE
TRAVEL
ATTEST (Name and title) TOTAL

NOTICE TO QUIT POSSESSION

JD-HM-32: Summons

Summary Process (Eviction)

 

 

SUMMONS

SUMMARY PROCESS (Eviction)

JD-HM-32  Rev. 4-08

C.G.S. § 51-348, P.B. Sec. § 8-1

Instructions

1. Type or print legibly; sign summons.

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

 

NOTICE TO OCCUPANT(S) NOT NAMED ON THE SUMMONS

If you claim to have a right to continue to occupy the premises you should promptly complete and file with the Clerk’s Office a Claim of Exemption,

2. If there is more than one defendant,  prepare or photocopy  conformed  summons  for each additional  defendant.

3. Attach the original summons  to the original complaint,  and attach a copy of the summons  to each copy of the complaint.  Also, if there are more than 2 plaintiffs  or 4 defendants prepare form JD-CV-2  and attach it to the original and all copies of the complaint.

4. After service has been made by officer, file original papers and officer’s  return wi h the clerk of court.

form JD-HM-3. The Claim of Exemp-

tion may be obtained from the Clerk at the address listed below or on-line at www.jud.ct.gov.

TO: Any proper officer; BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to make due and legal service of this Summons and attached Complaint.

 

Return Date (Mo., day, yr ) (Any day but Sundays  and legal holidays)

 

Judicial District

At (Town in which writ is returnable) (C.G.S. 51-346, 51-349)

Case Type (From Judicial Branch code list)

Housing  Session

G.A. No.

Major

 

Minor     81 

Address  of Court Clerk Where Writ and Other Papers Shall Be Filed (No , street, town and zip code) (C.G.S. 51-346, 51-350)

Telephone  Number of Clerk

 

 

Parties

 

First Named

Plaintiff

Additional

Plaintiff

First Named

Defendant

Additional

Defendant

Additional

Defendant

Additional

Defendant

Name and Complete Address of Each Party

(No., street, town and zip code)

 

Form JD-CV-2 attached

 

NOTICE TO EACH DEFENDANT

1.  You are being sued for possession of premises occupied by you.

2.  This paper is a Summons in a summary process (eviction) action.

3.  The Complaint attached to these papers states the grounds for eviction

(possession) claimed by the plaintiff.

4.  To respond to this Summons, or to be notified of further proceedings, you or your attorney must file a form called an “Appearance” with the Clerk of the above-named Court at the above Court address on or before the second day after the above Return Date.

5.  If you or your attorney do not file a written “Appearance” form on time, a judgment may be entered against you by default giving the plaintiff the right to evict you from the premises.

6.  The “Appearance” form may be obtained at the above Court address or on-line at www.jud.ct.gov.

7.  Each court location will also provide you with an instructions pamphlet (JDP-HM-15) explaining the summary process (eviction) action and with an “Answer” form (JD-HM-5) so that you may file an answer to the plaintiff’s claims against you. The pamphlet and Answer form may also be obtained on-line at www.jud.ct.gov.

8.  If you have questions about the Summons and Complaint,

you should talk to an attorney promptly. The Clerk of Court is not allowed to give advice on legal questions; however, in Housing Session locations only, the clerk is authorized to give procedural assistance to all self- represented parties.

Date Signed (Sign and “X” proper box) Comm. of Superior  CourtAssistant  Clerk Type Name of Person Signing at Left

FOR THE PLAINTIFF(S) PLEASE ENTER THE APPEARANCE OF:

Name and Address  of Attorney,  Law Firm or Plaintiff if Self-Represented (No. street, town and zip code) Telephone  Number Juris No. (If atty. or law firm)

 

Name and Address  of Person Recognized to Prosecute  in the Amount of $250 (Not to be completed by pro se plaintiffs)

Signature  of Plain iff if Self-Represented

 

# PLFS.    # DEFS.   # CNTS.

Signed (Official taking recognizance; “X” proper box)

 

Comm. of Superior  Court

Assistant  Clerk

 

Receipt

No:

File Date

For Court Use Only

 

No

Fee

IF THIS SUMMONS IS SIGNED BY A CLERK:

a. The signing has been done so that the Plaintiff(s) will not be denied access to the courts.

b. It is the responsibility of the Plaintiff(s) to see that service is made in the manner provided by law. c. The Clerk is not permitted to give any legal advice in connection with any lawsuit.

d. The Clerk signing this Summons at the request of the Plaintiff(s) is not responsible in any way for any errors or omissions in the Summons, any allegations contained in the Complaint, or the service thereof.

 

I certify I have read and understand the above:

Signed (Self-represented plaintiff)

Date Signed

Docket Number

JD-HM-8: Summary Process (Eviction)

Complaint Nonpayment of Rent

 

 

SUMMARY PROCESS (EVICTION) COMPLAINT NONPAYMENT OF RENT

JD-HM-8  Rev. 3-09

C.G.S. § 47a-23a

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

 

Instructions to Plaintiff (Landlord)

1. Attach this complaint to the Summons, form JD-HM-32, and follow the instructions on the Summons.

2. Attach the original Notice to Quit, form JD-HM-7, to this complaint.

3. If there is a written lease, attach the lease to this complaint.

 

Return Date:

 

 

Plaintiff(s)/Landlord(s)

vs.

 

 

Defendant(s)/Tenant(s)

 

 

Complaint

Judicial District

 

Judicial District Housing Session

Geographical Area Number at

Town/City

 

1. On or about (date) the plaintiff, as landlord (lessor), and the defendant as tenant (lessee), entered

 

into

 

an oral

 

a written (copy attached)     lease for the term of one for use and

(week/month/year)

occupancy of the following  premises:

Location of apartment (Number, street, town and apartment or floor number)

 

 

2. The defendant agreed to pay the weekly monthly rental of $

, payable on the day

 

of each

 

week

 

month.

3. The defendant took possession of the premises under the oral written, one and still occupies the premises.

 

 

(week/month/year)

 

lease,

 

4. The defendant has not paid the rent due on (date)

 

as agreed to in the lease.

 

 

5. On (date)

the plaintiff had a Notice to Quit Possession served on the defendant to vacate the

 

premises on or before (date) as required by law. The Notice to Quit is attached to this complaint.

 

 

6. The time given in the notice to quit possession for the defendant to vacate the premises has passed, but the defendant has not vacated the premises.

 

 

 

 

The Plaintiff asks for judgment for immediate possession of the premises.

 

Signed (Plaintiff/Plaintiff’s Attorney)

 

Date signed

 

 

SUMMARY PROCESS (EVICTION) COMPLAINT NON-PAYMENT OF RENT

JD-HM-20: Summary Process (Eviction)

Complaint Lapse of Time

 

 

SUMMARY PROCESS (EVICTION) COMPLAINT TERMINATION

OF LEASE BY LAPSE OF TIME

JD-HM-20 Rev. 2-07

C.G.S. § 47a-23a

 

 

INSTRUCTIONS TO PLAINTIFF (LANDLORD)

1. Attach to Summons Summary Process (Eviction)

following the instructions thereon.

2. Attach original Notice to Quit.

3. If there is a written lease, attach copy to complaint.

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

 

RETURN DATE:

 

JUDICIAL DISTRICT OF

 

 

PLAINTIFF(S)/LANDLORD(S)

 

VS.

 

DEFENDANT(S)/TENANT(S)

 

JUDICIAL DISTRICT HOUSING SESSION AT

 

 

town/city

GEOGRAPHICAL AREA NO.

 

COMPLAINT

 

1.  On or about (date)  the plaintiff, as lessor (landlord), and the defendant as lessee (tenant),

 

entered into

 

AN ORAL

 

A WRITTEN (copy attached)    lease for the term of one

week/month/year

for use and occupancy of the following premises:

 

LOCATION OF APARTMENT (No., street, town, and apartment or floor no.)

 

 

 

2.  The defendant agreed to pay the WEEKLY MONTHLY     rental of ,

 

payable on the        day of each WEEK MONTH.

 

 

3.  The defendant took possession of the premises pursuant to the ORAL WRITTEN

 

one

 

 

week/month/year

 

lease, and still occupies the premises.

 

4.  The lease has terminated by lapse of time.

 

5.  On (date)    the plaintiff caused a Notice to Quit Possession to be served on the defendant

 

to vacate the premises on or before (date)

 

The Notice to Quit is attached to the complaint.

 

as required by law.

 

6.  Although the time given in the Notice to Quit Possession of the premises has passed,

 

the defendant still continues in possession.

 

THE PLAINTIFF THEREFORE CLAIMS JUDGMENT FOR IMMEDIATE POSSESSION OF THE PREMISES.

SIGNED (Plaintiff/Plaintiff’s Attorney)

DATE SIGNED

 

 

SUMMARY  PROCESS  (EVICTION)  COMPLAINT TERMINATION OF LEASE BY LAPSE OF TIME

JD-HM-9: Motion for Default

Failure to Appear

 

 

MOTION FOR DEFAULT FOR FAILURE TO APPEAR AND JUDGMENT FOR POSSESSION

JD-HM-9 Rev. 6-09

C.G.S. § 47a-26

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

 

Instructions To Plaintiff (Landlord)

Pr. Bk. Secs. 17-21, 17-30

1. File the original motion with the clerk and mail a copy of the motion to the defendant.

2. Before this motion may be granted, the Notice to Quit with the Return of Service filled-in by the

State Marshal or other officer that delivered the Motion to Quit must be filed with the clerk .

 

Judicial District At: GeographicalHousing Session Area Number Docket number
Address of court (Number, street, and town) Return date
Name(s) of Plaintiff(s) (Landlord(s)) Name(s) of Defendant(s) (Tenant(s) and/or Occupant(s))

Motion For Default For Failure To Appear And Judgment For Possession

The plaintiff (landlord) asks that the defendant(s) (tenant(s) and/or occupant(s)) be defaulted for failing to file an appearance and that judgment for possession of the premises be entered for the plaintiff.

Signed (Plaintiff/Plaintiff’s Attorney)

Date signed

 

Military Service Affidavit

I say: (“X” the appropriate box)

the defendant(s) is (are) in the military or naval service of the United States.

that no defendant(s) in this action is (are) in the military or naval service of the United States, and that, to my personal knowledge (state facts showing defendant is not in such service and state source of knowledge of these facts):

 

 

 

I cannot find out whether or not the defendant(s) in this action is (are) in the military or naval service of the United

States.

 

Signed

 

Subscribed and sworn to before me on

 

Signed (Assistant Clerk, Notary, Comm. Superior Court)

 

Certification

 

I certify that a copy of this motion was mailed or delivered to all counsel and self-represented (pro se)parties who have appeared in this matter and to all parties who have not appeared in this matter on: Date
Name of each party/nonappearing party a copy was mailed or delivered to* Address to which copy was mailed or delivered*

*If necessary, attach additional sheet with names of each party/nonappearing party and the address to which the copy was mailed or delivered.

Signed (Attorney or self-represented (pro se) party)

Telephone number

 

Judgment

 

This motion is ordered:

Granted and judgment is entered for the plaintiff. Denied.

 

File date

For Court use only

 

By the Court (Assistant Clerk) Date

 

 

Distribution:     Original – Court File Copy – Plaintiff      Copy – Defendant

MOTION FOR DEFAULT FOR FAILURE TO APPEAR AND JUDGMENT FOR POSSESSION

JD-HM-10: Motion for Default

Failure to Plead

 

 

MOTION FOR DEFAULT FOR FAILURE TO PLEAD

AND JUDGMENT FOR POSSESSION

JD-HM-10  Rev. 11-09

C.G.S. § 47a-26a, Pr. Bk. § 17-30

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

 

 

Instructions To Plaintiff (Landlord)

File (give) original with (to) the Clerk and mail or deliver a copy to the defendant.

 

Judicial

District at

Address of Court

 

Housing

Session at

 

Geographical

Area number

 

Docket number

 

Return date

 

Name(s) of Plaintiff(s) (Landlord(s))

Name(s) of Defendant(s) [Tenant(s) and/or Occupant(s)]

 

 

 

Motion

 

The plaintiff (landlord) asks that the defendant(s) [tenant(s) and/or occupant(s)] be defaulted for not filing an answer or other pleading within the required time period. The plaintiff also asks that, if the defendant(s) does not respond to this motion within three (3) days after it is filed, judgment for possession of the premises be entered in favor of the plaintiff.

 

 

Signed  Date .

Plaintiff/Plaintiff’s Attorney

 

Certification

 

I certify that a copy of this motion was mailed or delivered to all counsel and self-represented parties in the case on: Date Signed (Plaintiff/Plaintiff’s Attorney)
Name of each party motion was mailed or delivered to* Address motion was mailed or delivered to*

*If necessary, attach additional sheet with the names of each party motion was mailed or delivered to and the address motion was mailed or delivered to.

 

 

Judgment

This motion was heard and is ordered:

 

File date

For Court use only

 

Granted and judgment is made in favor of the plaintiff.

 

Denied.

 

 

By the Court (Judge/Assistant Clerk)

Date

 

 

Distribution:   Original – Court File   Copy 1 – Plaintiff   Copy 2 – Defendant

 

MOTION FOR DEFAULT FOR FAILURE TO PLEAD AND JUDGMENT FOR POSSESSION

JD-HM-2: Summary Process Execution for Possession

 

 

 

 

SUMMARY PROCESS EXECUTION FOR POSSESSION (EVICTION)

JD-HM-2 Rev. 1-09

C.G.S. §§ 47a-26h, 47a-42

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

 

Court

 

Judicial District

 

Housing Session

 

Geographical Area Number

 

Docket Number

Address of Court Location (Number, Street, Town and Zip Code)

Date of Judgment

 

Name and Mailing Address of Plaintiff  or Attorney

 

 

 

 

 

 

Name(s) of Plaintiff(s) (Landlord)

 

Instructions To Plaintiff Or Attorney

1. Complete this form.

2. Give both copies of this form to the clerk for the clerk to sign.

3. The clerk will give the original form back to you.

4. Keep a copy of the form for your records and give the original to a State Marshal for service

on the defendant(s) (tenants and/or occupant(s)).

 

Name(s) of Defendant(s) (Tenant(s) and/or Occupant(s))

 

 

 

 

Address of Premises (Number, street, town and apartment number)

 

TO: Any Proper State Marshal

By the authority of the State of Connecticut, you are commanded to give the Plaintiff(s) possession of the premises above, by putting the Defendant(s) and any other Occupant(s) bound by the judgment out of possession; if the Defendant(s) and such other Occupant(s) have not removed all their possessions and personal effects then you may remove them onto the adjacent sidewalk, street or highway; prior to removal you must give the chief executive officer of the town 24 hours notice of the eviction, stating the date, time and address of the eviction as well as a general description, if known, of the types and amount of property to be removed from the premises.

Prior to giving notice to the chief executive officer you must use reasonable efforts to locate and notify the Defendant(s) and any other Occupant(s) bound by the judgment of the date and time the eviction is to take place and the possibility of a sale of their possessions pursuant to General Statutes § 47a-42.

 

Make service of a true copy upon each defendant and occupant bound by the judgment and due return within 60 days of the date hereof.

Signed (Clerk)

Date Signed

Notice To Defendant(s) (Tenant(s) and/or Occupant(s))

Your landlord (the plaintiff) has won a judgment against you in this

 

 

(To be completed by State Marshal)

eviction case giving the landlord possession of the premises. This

If you do not move your possessions and personal effects on or

means that you must move out of the premises at the address

above by this date.

before

Date

At (Time)

 

.M.

 

I will return to

If you think you have a right to stay in the premises,

you should contact an attorney immediately.

If you do not move out by that date, this paper, which does not have to be handed to you personally, gives a State Marshal the legal

right to move your possessions and personal effects out of the

premises and put them on the street.

Return of Service

move your possessions and personal effects out of the premises and put them on the street. (If your possessions and personal effects are placed on the street and you do not claim them within 15 days, then they may be sold by the town under General Statutes § 47a-42.)

By virtue of the On

foregoing execution,

At (Time)

 

.M.

removed from said premises.  On

At (Time)

 

.M.

I notified the Defendant(s) and Occupant(s).

I used reasonable efforts to locate the Defendant(s) and

Occupant(s) but was unable to notify the following:

 

Thereafter I notified the chief executive officer of the town where

And afterwards,

the Defendant’s(s’) and Occupant’s(s’) possessions, had been removed.

I put out on the adjacent sidewalk, street or highway and

put the Plaintiff(s) in possession of said premises.

the premises are situated,    On

At (Time)

 

.M.

Signed (State Marshal)

Date Signed

that the eviction of the Defendant’s(s’) and Occupant’s(s’)

possessions and personal effects would take place,

 

Fees

On At (Time)

 

.M.

and I further advised said chief executive officer, so far as known of the general description, types and amount of the property to be

JD-HM-22: Affidavit Re: Noncompliance with Stipulation

 

 

AFFIDAVIT RE:

NONCOMPLIANCE WITH STIPULATION

JD-HM-22 Rev. 10-08 Pr. Bk. § 17-53

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

 

Judicial

District at

 

Housing

Session at

 

Geographical

Area Number

 

Return Date

Address of Court (Number, street, town and zip code)

Docket Number

 

Name of Case (First-Named Plaintiff vs. First-Named Defendant)

 

Date of Judgment

 

Use & Occupancy

 

Arrearage

Amount Due:    Amount Due:

Payment

Date(s)

Payment

Date(s)

 

The undersigned duly deposes and says that I am the plaintiff or plaintiff’s attorney in the above-entitled matter and states as follows:

1.  I am over the age of eighteen years and I believe in the obligation of an oath.

 

2.  On the above-mentioned date of judgment, the defendant was ordered to pay use and occupancy and/or an arrearage to the plaintiff/plaintiff’s attorney in the amount shown above. This payment was to be made on or before the payment date indicated.

 

3.  To date, this payment has not been received.

 

4.  I am therefore requesting that a Summary Process (Eviction) Execution for Possession issue.

 

Signed (Plaintiff/Plaintiff’s Attorney)

 

 

 

Subscribed and sworn to before me on:

Date

Signed (Clerk/Commissioner of Superior Court)

 

Certification

 

I hereby certify that a copy of the above was mailed or delivered to all counsel and self-represented parties of record on: Date Copy or Copies Mailed or Delivered
Signed (Individual attorney or self-represented party) Address (Number, street, town, and zip code)

Name and Address of Each Party Served (If necessary, attach additional sheet)

 

 

 

 

 

Notice To Defendant

 

File Date

FOR COURT USE ONLY

 

A Summary Process Execution will issue on the third business day after the filing of this affidavit with the court. If you object to the execution issuing, you must file an objection before the issuance of the execution with

the clerk at the court address indicated above.

 

 

 

Distribution:      Original — Court File Copy 1 — Defendant Copy 2 — Plaintiff

AFFIDAVIT RE:

NONCOMPLIANCE WITH STIPULATION

 

 

 

 

 

 

 

JDP-HM-14 Rev. 5/11