Connecticut Eviction LawPosted by Christopher Berkompas in Connecticut
Note: I am not a lawyer, and this is not intended as legal advice.
Under what circumstances may a tenant be evicted?
A tenant may be evicted for the following reasons:
- Non-payment of Rent
- Remaining after the lease has expired
- Seriously violating the leases
A landlord may not evict a tenant in retaliation for repair requests or requests that the landlord fulfill his obligations.
What is the process for evicting a tenant?
In the most common case, that of non-payment of rent, the landlord must give the tenant a 10 day notice to quit the premises. If the tenant fails to comply, he may begin the court process.
The landlord will file a complaint with the court, which will be served on the tenant, who will be summoned to respond and appear at a court hearing. If the tenant does not respond, the court will decide automatically in favor of the landlord.
If the landlord wins the case, he will be awarded a writ of possession, allowing him to retake the premises and evict the tenant. The tenant will be given 5 days before this writ can take effect in order to appeal or request a stay of execution. A stay of execution, if granted will prevent the tenant's eviction up to 3 to 6 months, if he pays all back rent. If this stay is not granted, the landlord must then give his writ to the local sheriff or marshal, who will then be authorized to forcibly remove the tenant with 24 hours notice, if necessary.
How are landlords supposed to deal with tenant belongings left behind?
If the tenant left belongings behind, the marshal will turn these over to the landlord, who will hold them in trust. If the tenant does not claim them and pay the storage fees within 15 days, they will be forfeited to the landlord, who may deal with them as he sees fit.
Can the landlord shut off utilities or lock a tenant out prior to the completion of the eviction process?
No, the landlord may not seek to harass or evict his tenants through either of these means.
Are landlords required to let tenants know why they are being evicted?
Yes, the legal form for the complaint to the court must include that information. The tenant will receive this form when he is summoned.
Is it legal for the landlord to deduct legal fees and court costs from the security deposit?
No. The security deposit can only be used for repairing damage done by the tenant and to cover back rent.
Can the landlord try to collect unpaid rent for the rest of the time left in the lease?
The court can order the tenant to pay back rent, but the landlord may not do so on his own. The security deposit was invented for that reason.
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