• What happens at the end of an eviction case?  
• Can I ask for more time to move?   
• What if we make an agreement?  
• The court hearing 
• What if I did not go to the hearing? 
• What happens if the marshal comes and I haven't moved out yet?
• For more information

What happens at the end of an eviction case? 

If you win the case:  

You will get a written copy of the judgment in the mail saying that you have "possession" of the premises. This means that you do not have to move out of the apartment or house that you are renting.

If you lose the case:  

You will get a written copy of the judgment in the mail, but it will say that the landlord has "possession" of the premises. This means you will have to move and that the landlord will get the property back. The judgment will also tell you when you need to vacate the apartment.

After the landlord has won the case, he will get an Execution order from the court.

An Execution is a paper that allows the landlord to hire a state marshal to move you out of the apartment (if you do not leave voluntarily).

The marshal is supposed to give you 24 hours notice before he arrives to physically remove your belongings from the property. You should know that:

• Even if you are not at the apartment when the marshal comes to give you 24 hours notice, he can still move you out.
• Sometimes marshals do not give the 24 hours notice.

Can I ask for more time to move?

Pay attention to dates and deadlines on court papers.

Timing is an important factor during and right after an eviction case. You must always pay attention to the dates and deadlines in any papers that you receive from the court or the marshal because there are very few chances to get additional time after judgment. You should know that:

• The landlord must pay the marshal to move you out. You should use this information to your advantage by asking your landlord for more time to move your belongings out on your own. If your landlord agrees, it will prevent you from having to pay moving and storage costs to get your belongings back later.
• If you are evicted because you
  • did not pay your rent,
  • broke the law,
  • were a nuisance (broke the rules in your lease or behaved badly), or
  • never had the right to live in the apartment because you had no lease...

    ... you will automatically get a Stay of Execution.
    A "stay" temporarily stops the execution for 5 calendar days to allow you time to move out on your own.

• If you lost your case because you did not pay your rent, you can ask the judge to allow you to live in the apartment for 3 more months. To ask for this,
  • you must fill out a Stay of Execution (JD-HM-21) form and,
  • you must pay to the court all of the rent you owe the landlord within 5 days of the judgment. Be prepared to pay rent for each month you stay.
• If you are evicted for reasons other than those listed above, you can ask the judge for up to a 6-month "stay" to find housing. To ask for this,
  • you must fill out a Stay of Execution (JD-HM-21) form within 5 days of the judgment.
    Remember that the judge may deny your request, so you must think about other options. If the judge grants your stay, you will have to pay rent (called use and occupancy) to your landlord.
• You can get the court form
  • At the court clerk’s office or Court Services Center
  • At http://www.jud.ct.gov/webforms/forms/hm021.pdf.

What if we make an agreement?

In most cases, a landlord and tenant will come to an agreement about the outcome of the case in court. When this agreement is written down, it is called a stipulation.

• The court keeps a copy of this paper as a record of how the case ended. You and the landlord will get a copy, too.
• These agreements are binding which means they are the same as court orders. If you do not do exactly what the agreement says, you can be evicted with very little notice. (See below.)
• Important things to remember...
  • Never sign a stipulation agreement without talking to a lawyer or the housing specialist.
  • Never agree to a stipulation that you can not live up to. (See below.)

If you do not do what the agreement says:

You can be evicted with very little notice if your landlord files a form called Affidavit re: Noncompliance with Stipulation (JD-HM-22). What you need to do depends on the part of the agreement you didn't follow.

Did not pay the rent.

If your landlord says that you have not paid the rent 

• You must file a form called Defendant's Affidavit and Objection to Execution (JD-HM-26). You can get the form at the court or at http://www.jud.ct.gov/webforms/forms/hm026.pdf.
• You must file within 3 days. When you file this form, you will get a hearing date in the mail.

Did not follow other parts of the agreement.

If your landlord says that you did not follow other parts of the agreement

• You do not have to file any court forms.
• You will get a hearing date in the mail.

The Court Hearing

You must go to your hearing. At the hearing,

• You can tell the judge you disagree with the landlord and why you disagree.
• The judge will listen to both sides and decide if you get more time before you have to move.

What if I did not go to the hearing?

Default Judgment

If you did not go to court on your hearing date, your landlord probably received a default judgment. A default judgment means that your landlord won the case against you simply because you did not go to the court hearing.

You can ask the court for another chance to go to the hearing.

• You have 5 days from the judgment date to file a paper called a Motion to Open (JD-CV-51) to ask the court to give you another chance. You can get the form at the court or online at http://www.jud.ct.gov/webforms/forms/cv051.pdf. Do not wait until the fifth day; go to court to file this form immediately.
• You will not automatically get a new court date once you file the motion. It is up to the judge to decide whether to open the case and give you another chance to go to the court hearing.
• After you file your Motion to Open (JD-CV-51), you will have to tell the judge why you did not go to court the first time. The judge will only give you a second hearing if you have a very good reason for missing the first hearing and you have a good defense to the eviction.

Notice of Execution

If you did not go to court on your hearing date, you will receive a Notice of Execution. A Notice of Execution allows the marshal to move you out within 24 hours if you do not move on your own. Marshals often do not give this 24 hour notice before they arrive to move you out.

Pack Your Belongings
You should try to pack up as many of your personal items as you can before the marshal comes. Be sure to pack medications and important legal documents such as birth certificates and identification cards.

Special Cases to Delay Eviction
In very rare cases, you may be able to delay or stop the eviction after you get an Execution by filing emergency papers in court. Each court treats the filing of these papers differently, and they are an option only in very specific cases. You should talk to a lawyer right away to get help.

What happens if the marshal comes and I haven't moved out yet?

If you do not move out before the marshal comes, he will notify the town where you live that he is coming to remove your belongings.

• After your belongings have been removed, the landlord can lock you out.
• The marshal will move your belongings to whatever location is designated by the town.
• The town will store your belongings for at least 15 days.
• The notice from the marshal will tell you how to get your possessions back. You can also contact the town clerk or town attorney to find out where your belongings are and how much you will have to pay in moving and storage costs so that you can get them back.
• If you do not pay the town's storage costs before the 15 days are over, the town may sell your things at a public auction.
• Call 211 (Infoline) or Statewide Legal Services to find out about agencies that can help you.

IF YOU WANT YOUR POSSESSIONS BACK, DO NOT DELAY. The town is allowed to charge you only for storage and not for the cost of the move. If you cannot afford to pay this cost, ask the town to reduce or waive its fees. If it refuses, contact Statewide Legal Services immediately.

This booklet was produced by the Legal Assistance Resource Center of Connecticut in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this booklet is based on laws in Connecticut as of 12/2010. We hope that the information is helpful. It is not intended as legal advice for an individual situation. Please call Statewide Legal Services or contact an attorney for additional help.