Connecticut Eviction Process: The 9-Day Grace Period, the Notice to Quit and Summary Process

In Connecticut, an eviction is a court case called summary process [4]. The landlord has to end the tenancy with a written notice to quit, win a judgment in Superior Court, and have a state marshal carry it out [2][4][10]. A landlord can’t do it alone by changing the locks or removing your things [11].

Step 1: the 9-day grace period

Connecticut gives residential tenants a built-in grace period. If rent isn’t paid when due, the landlord can end the rental agreement for nonpayment only if the tenant fails to pay within nine days afterward, or four days for a one-week tenancy [1].

If your lease has a valid written late-fee clause, the landlord can charge a late fee only on rent paid after the grace period. That fee can’t be more than the lesser of $5 a day, up to $50, or 5% of the late payment, and only one late charge per late payment is allowed [1].

Step 2: the notice to quit

To end a tenancy, the landlord (or the landlord’s attorney or agent) must give each tenant a written notice to quit at least three days before the date the tenant must leave [2]. Reasons the law allows include the lease running out, a lease violation, nonpayment of rent after the grace period, and nuisance [2]. The notice must name the address, the date to leave and the reason, and it must be delivered by a proper officer or an indifferent person, either handed over or left at the home [2].

Some tenants can only be evicted for good cause

Tenants in buildings or complexes with five or more units who are 62 or older, or who have a qualifying long-term disability (or live with a family member who does), get extra protection [12]. Their landlords can bring an eviction only for reasons the law lists, such as nonpayment of rent, refusing a fair and equitable rent increase, or material noncompliance with a tenant’s legal duties [12].

Step 3: the court case

If the tenant hasn’t left when the notice period ends, the landlord can start summary process with a writ, summons and complaint in Superior Court [4]. The complaint can be made returnable six days after it’s served, and the landlord has to return it to court at least three days before the return day [4].

File your appearance within two days after the return day. If you don’t, and the landlord files a motion for judgment for failure to appear, the court must enter judgment for the landlord no later than the next court day [5].

Connecticut’s courts have housing mediators, appointed to help the court resolve housing matters promptly [6].

Step 4: judgment and stays

After a judgment for the landlord, execution is stayed for five days, not counting Sundays or legal holidays [7]. An appeal must be filed within those five days [7].

A tenant can also apply for a longer stay within those five days [8]:

• Nonpayment of rent: you can apply only if you deposit the full arrearage with the court clerk within five days of the judgment [8]. The stay can’t exceed three months in total [9].
• Other reasons (for example, a lease that ran out): the court can grant stays totaling up to six months from the judgment [9]. Stays aren’t available for judgments based on nuisance or on using the home for an illegal purpose [8].

To grant a stay, the court has to find, among other things, that you can’t find comparable housing nearby despite a real effort, and that you’ll follow the terms it sets, which include paying for your use of the home during the stay [9].

Step 5: the state marshal

Only a state marshal can remove a tenant and their belongings, under an execution issued by the court [10]. Before the eviction, the marshal must use reasonable efforts to tell you the date and time, and serve you a copy of the execution, which must say in large bold type that anyone who claims a right to stay should contact an attorney right away [10]. The marshal must also give the town’s chief executive officer 24 hours’ notice [10].

Belongings that are removed go to a storage place the town designates, at the tenant’s expense. If they aren’t reclaimed and the storage costs aren’t paid within 15 days, the town can sell them at auction [10][13].

A landlord can’t lock you out

A landlord who forces a tenant out, holds them out of the home, or removes or keeps their belongings without going through court can be taken to court by the tenant [11]. If the court finds the landlord did this, the tenant can recover double damages plus costs [11].

Where to get help

• Right to counsel program: call the number on the notice attached to your notice to quit or complaint [3].
• Legal aid: Connecticut’s legal aid programs help eligible tenants.