Title 47a — Title 47a: Landlord and Tenant

Sec. 47a-23. (Formerly Sec. 52-532). Notice to quit possession or occupancy of premises. Form. Delivery. Federal termination notice. (a) When the owner or lessor, or the owner's or lessor's legal representative, or the owner's or lessor's attorney-at-law, or in-fact, desires to o…

Sec. 47a-23a. Complaint. (a) If, at the expiration of the three days prescribed in section 47a-23, the lessee or occupant neglects or refuses to quit possession or occupancy of the premises, any commissioner of the Superior Court may issue a writ, summons and complaint which shal…

Sec. 47a-23b. Service of notice to quit or summons if lessee a nonresident or if whereabouts unknown. (a) If the lessee or occupant of such land, building, apartment or dwelling unit or of any trailer, or any land upon which a trailer is used or stands, is a nonresident of this s…

Sec. 47a-23c. Prohibition on eviction of certain tenants except for good cause. (a)(1) Except as provided in subdivision (2) of this subsection, this section applies to any tenant who resides in a building or complex consisting of five or more separate dwelling units or who resid…

Sec. 47a-23d. Report to General Assembly. Obsolete. (P.A. 80-370, S. 7, 9.)

Sec. 47a-24. (Formerly Sec. 52-532a). Action by cooperative housing corporation. As used in this chapter, (1) “lessee or occupant” includes a member or shareholder of a cooperative housing corporation who occupies a dwelling unit in such corporation's premises pursuant to an agre…

Sec. 47a-24a. Action by receiver of rents. As used in this chapter, “owner or lessor” includes any receiver appointed under sections 47a-56 to 47a-56i, inclusive. (P.A. 95-247, S. 11.) See Sec. 47a-56d re authority of receiver to bring summary process action.

Sec. 47a-25. (Formerly Sec. 52-533). Waiver of notice to quit. When, in any written lease of any land, building, apartment or dwelling unit, notice to quit possession has been expressly waived by the lessee in the event such lease terminates by lapse of time, the three days' noti…

Sec. 47a-26. (Formerly Sec. 52-534). Failure to appear. Judgment. If the defendant does not appear within two days after the return day and a motion for judgment for failure to appear and an endorsed copy of the notice to quit is filed with the clerk, the court shall, not later t…

Sec. 47a-26a. Failure to plead. Judgment. If the defendant appears but does not plead within two days after the return day, the complainant may file a motion for judgment for failure to plead, served upon the defendant in the manner provided in the rules adopted by the judges of …

Sec. 47a-26b. Motion and order for payments for use and occupancy. (a) If the defendant appears, the court shall, upon motion and without hearing, unless the defendant files an objection within five days of the filing of the motion, order the defendant to deposit with the court w…

Sec. 47a-26c. Advancement of pleadings. Failure to plead. All pleadings, including motions, shall advance at least one step within each successive period of three days from the preceding pleading or motion. If the defendant fails to plead within any such period, the complainant m…

Sec. 47a-26d. Trial. Finding. Judgment. If, on the trial of a summary process complaint it is found that the defendant is the lessee of the complainant and holds over after the termination of the lease or rental agreement or, if there was no lease or rental agreement, that the de…

Sec. 47a-26e. Order of payments on appeal. If an order of payments is in effect on the date of judgment in the trial court and an appeal is taken by any party, the order shall remain in effect and compliance with the order shall constitute satisfactory compliance with the bond re…

Sec. 47a-26f. Hearing to distribute payments. After entry of final judgment, the court shall hold a hearing to determine the amount due each party from the accrued payments for such use and occupancy and order distribution in accordance with its determination. Such determination …

Sec. 47a-26g. Appeal. Appeal shall be allowed from any judgment rendered in any summary process action in the manner provided in sections 47a-35 to 47a-35b, inclusive, and sections 51-197c to 51-197f, inclusive. (P.A. 79-571, S. 59.) See Sec. 47a-35 re time period to appeal. Cite…

Sec. 47a-26h. Persons bound by judgment. Notice. Exemption. (a) A summary process judgment shall bind (1) the named defendants and any minors holding under them; (2) any occupant who first commenced occupancy of the premises after service of the notice to quit upon which the summ…

Sec. 47a-26i. Motion to open or set aside judgment or to extend final stay of execution. If a motion to open or set aside, or to extend a final stay of execution of, a summary process judgment is filed with the court, the court shall, not later than the first court day after the …

Sec. 47a-26j. Records of summary process actions. (a) In any summary process action instituted pursuant to this chapter or chapter 412, not more than thirty days after (1) the withdrawal of such action, (2) a judgment of dismissal or nonsuit of such action upon any grounds, or (3…

Sec. 47a-27. (Formerly Sec. 52-535). Summary process by assignee and mortgagee. The remedy provided by this chapter in favor of lessors shall extend to all persons deriving title from the lessor or lessee of any land, building, apartment or dwelling unit and to the mortgagee of a…

Sec. 47a-28. (Formerly Sec. 52-536). Action by selectmen. An action of summary process may be maintained by the selectmen of a town in its name to gain possession or occupancy of any land or buildings belonging to such town, which is held under a lease or by one in possession or …

Sec. 47a-29. (Formerly Sec. 52-537). Action by reversion or remainderman. When any lessee occupies any land, building, apartment or dwelling unit under a lease or rental agreement from a tenant for life, any person entitled to the reversion or remainder may, upon the death of suc…

Sec. 47a-30. (Formerly Sec. 52-538). Eviction of former farm employee, domestic servant, caretaker, manager or other employee. (a) When any farm employee or any domestic servant, caretaker, manager or other employee as described in section 47a-36 occupies a dwelling, dwelling uni…

Sec. 47a-31. (Formerly Sec. 52-539). Illegal use of premises voids lease. When the lessee or tenant of any house, room, tenement or dwelling unit is convicted of keeping a house of ill-fame therein, resorted to for the purpose of prostitution or lewdness, or of a violation therei…

Sec. 47a-32. (Formerly Sec. 52-540). Nuisance defined. In any action of summary process based upon nuisance, that term shall be taken to include, but shall not be limited to, any conduct which interferes substantially with the comfort or safety of other tenants or occupants of th…

Sec. 47a-33. (Formerly Sec. 52-540a). Defense that action is retaliatory. In any action for summary process under this chapter or section 21-80 it shall be an affirmative defense that the plaintiff brought such action solely because the defendant attempted to remedy, by lawful me…

Sec. 47a-33a. Presentation of affirmative defenses. In any action of summary process under this chapter, the tenant may present any affirmative legal, equitable or constitutional defense that the tenant may have. (P.A. 95-247, S. 8.)

Sec. 47a-34. (Formerly Sec. 52-541). Other legal remedies not affected. All persons claiming title to premises concerning which any proceedings under this chapter have been had shall be entitled to any other legal remedy in the same manner as if such proceedings had not been had.…

Sec. 47a-35. (Formerly Sec. 52-542). Stay of execution. Appeal. (a) Execution shall be stayed for five days from the date judgment has been rendered, provided any Sunday or legal holiday intervening shall be excluded in computing such five days. (b) No appeal shall be taken excep…

Sec. 47a-35a. Appeal. Determination of rent to be paid during pendency of appeal. Rent to be paid into court. (a) When any appeal is taken by the defendant occupying a dwelling unit in an action of summary process, the chief clerk of the Appellate Court, or the chief clerk's desi…

Sec. 47a-35b. Distribution of payments after appeal. Upon final disposition of the appeal, the trial court shall hold a hearing to determine the amount due each party from the accrued payments for use and occupancy and order distribution in accordance with such determination. Suc…

Sec. 47a-36. (Formerly Sec. 52-543). Occupancies to which stay of execution provisions are inapplicable. Sections 47a-37 to 47a-41, inclusive, shall not apply to (1) housing accommodations situated on a farm and occupied by a tenant who is engaged for a substantial portion of his…

Sec. 47a-37. (Formerly Sec. 52-544). Application for stay of execution. (a) Within a period of five days after a judgment has been rendered for a plaintiff under the provisions of section 47a-26, 47a-26a, 47a-26b or 47a-26d for any reason other than (1) nonpayment of rent, (2) nu…

Sec. 47a-38. (Formerly Sec. 52-545). Hearing on application for stay of execution. Upon the receipt of any application for stay of execution, the clerk of the Superior Court shall include the matter on the short calendar for a hearing on the application, and shall give each party…

Sec. 47a-39. (Formerly Sec. 52-546). Court may grant stay of execution. Upon the hearing on such application in the Superior Court the judgment of the trial court shall stand, but upon such hearing if it appears that the premises, judgment for possession or occupancy of which has…

Sec. 47a-40. (Formerly Sec. 52-547). No entry fee, judgment fee or costs on application or hearing. No entry fee and no judgment fee shall be required and no costs shall be taxed in favor of either party in connection with an application for a stay of execution and the hearing th…

Sec. 47a-41. (Formerly Sec. 52-548). Waiver of tenant's rights to be void. Any provision of a lease or rental agreement whereby a lessee or tenant waives the benefits of sections 47a-36 to 47a-40, inclusive, or any provision of any lease or rental agreement which limits the right…

Sec. 47a-41a. Execution void after six months. An execution to enforce a summary process judgment shall not be issued after the expiration of six months from the date such judgment was entered, except that any period during which execution was stayed shall be excluded from the co…

Sec. 47a-42. (Formerly Sec. 52-549). Eviction of tenant and occupants from residential property. Removal and sale of unclaimed possessions and personal effects. (a) Whenever a judgment is entered against a defendant pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d for the …

Sec. 47a-42a. Eviction of tenant and occupants from commercial property. Disposition of unclaimed possessions and personal effects. (a) Whenever a judgment is entered against a defendant pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d for the possession or occupancy of no…