The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH

July 14, 1994 94-R-0692

TO:

FROM: Sandra Norman-Eady, Senior Attorney

You wanted to know the procedure a landlord must follow to evict a person who moves into a dwelling unit (1) after the tenant who rightfully lived there moved out and (2) without the landlord's knowledge or permission.

A landlord must serve a notice to quit and file a summons and complaint to begin the summary process necessary to evict a person residing on the landlord's property without a privilege or a right to do so (CGS § 47a-23(a)(2)). The landlord must state his reason for wanting the person to move in the notice to quit. He does not, however, have to state one of the reasons required when a rental agreement is or was in effect to dispossess the “squatter.” He only needs to state that the person is illegally residing on the premises.

A notice to quit must be served five days before the date specified in the notice as the last day a squatter can remain on the premises (CGS § 47a-23). If the squatter does not quit possession by the end of the five-day period, any Superior Court commissioner may issue a summons and complaint to be served upon him. The complaint may be served on any day of the week and may be returnable six days after service upon the squatter. The complaint must be returned to the court at least three days before the return day (CGS § 47a-23a).

A squatter must respond to the summons and complaint by filing an appearance with the court within two days after the return date. If he does not file an answer within the two-day period, the landlord can file a motion for judgment based on failure to plead. If the squatter fails to plead within three days after receipt of the motion by the clerk, the court must enter judgment against the squatter (CGS § 47a-26a). If the squatter files an answer or enters a plea, a trial must be held (CGS § 47a-26d).

After the trial, judgment is entered either in favor of or against the landlord. If judgment is entered for the landlord, he must ask the court for an order or execution requiring the squatter to move. After the court issues the execution, it must be given to a sheriff for proper service. The sheriff is required to use reasonable efforts to locate and notify the squatter of the date and time of the eviction. After a reasonable time, the sheriff can physically remove the squatter's possessions onto the street (CGS § 47a-26d).

The law provides for an automatic five-day stay of execution (CGS § 47a-35). The squatter may apply for an additional stay and the court may order one for up to six months (CGS § 47a-39).

SNE:lav