When your landlord wants you to leave your apartment, he wants to "evict" you. In an "eviction," your landlord takes you to court to make you leave your apartment.  

This article explains the eviction process in Connecticut--what happens when your landlord tries to evict you and what you can do to help keep your apartment if you are being evicted.  

This is the first of two articles that are here to help you. 

This article starts with the basics. 

• Papers you may get from your landlord
• What to do If your landlord gives you a Notice to Quit or a Kapa letter
• Papers you may get from the court
• What you need to do when you get the Summons and Complaint forms
• Get ready for housing court
• What will happen in court?
• What can happen after you go to court?
• For more information

Papers you may get from your landlord

Your landlord must give you papers that explain why he wants to evict you.

1. First, your landlord must give you a paper telling you what you are doing wrong.

If a landlord is accusing you of doing bad things or breaking your lease, he must write it down and give you the paper. This warning letter is called a Kapa Notice.

The notice must give you 15 days to stop doing the bad things or to pay for any damages you caused.

2. Next, you may get a Notice to Quit (JD-HM-7) that asks you to leave the apartment.

(See the "Notice to Quit" (JD-HM-7) form on the State of Connecticut Judicial Branch web site.)

If the problem with your landlord is not solved by 15 days after you get the warning letter, your landlord may send you a Notice to Quit. This paper asks you to leave the apartment by a date on the paper. You do NOT have to leave the apartment by this date. Only a judge in a housing court can order you to leave your apartment.

On the Notice to Quit, the landlord must give the reasons why he is asking you to leave the apartment.

These are some reasons your landlord might give:

• You did not pay your rent.
• The landlord never agreed that you could live there.
• The landlord wants the apartment back and is ending your lease. This reason is called a "lapse of time." This can happen if you have a month-to-month lease or if your lease has ended. A landlord cannot do this if you have a written lease that has not ended.
• You have broken your lease or broken the law. For example, the landlord might say you damaged the apartment or used the apartment to sell drugs.

What to do If your landlord gives you a Notice to Quit or a Kapa letter

• Get help from a lawyer if you do not understand the letter or you think your landlord is wrong.
• Call Statewide Legal Services at 1-800-453-3320. They may be able to help answer questions.
• Talk to your landlord to try to work out the problem.
• You do not have to leave on the date stated on the Notice to Quit or after the 15 days on the Kapa letter.

3. What happens next?

If the problem is not solved and you do not leave your apartment, your landlord may ask a judge to order you to leave the apartment.

Get help from a lawyer if you need it by calling Statewide Legal Services at 1-800-453-3320.

Papers you may get from the court

If the problem is not solved and you do not leave your apartment, your landlord may take you to Court.

A marshal will deliver papers to you called the Summons and Complaint  forms.

The Summons (JD-HM-32) form tells you that your landlord wants to evict you.

The Complaint forms (JD-HM-8 or JD-HM-20) lists the reasons why the landlord wants you to leave the apartment.

What you need to do when you get the Summons and Complaint forms:

You will need to get two forms (an Appearance and an Answer). Fill them out and send them to the Court. You should also give copies of the forms to your landlord or your landlord’s lawyer. You will not have to pay for the forms or for giving them to the Court.

1. Get the two forms—the Appearance (JD-CL-12) form and the Answer (JD-HM-5) form. You can also get these at the Court Clerk’s office. Look at your Summons form for the "Address of the Court Clerk" and go there in person, Monday to Friday, between 9 am and 5 pm. Tell the Court worker, "I am being evicted by my landlord. I need an Appearance form and an Answer form."

2. Read the forms. Try to get help if you do not understand what to do.

3. Fill out the Appearance form. This is the paper you need to file so the court and the landlord know that you disagree with your landlord.

• Near the middle of the form, you see the words "Please Enter the Appearance Of." Under these words, you will print your name. Under your name, print your address and telephone number.
• Further down you will see a box in front of the words "The following defendant" with a blank. Check that box and print your name and anyone else whose name is on the Complaint.
• Be sure to sign in the two places you see an "X."

4. Fill out the Answer form. This is the paper you fill out if you want to disagree with the landlord’s reasons for evicting you.

• Look at the Complaint form you got from the Court. You will see a number next to each statement in the Complaint.
• Look near the top of the Answer form at the lines numbered 1 to 8. You will need to show here whether you agree, disagree, or don’t know about the landlord’s statement with the same number on the Complaint form. Leave any extra numbers blank.
• Read the sentences under "Special Defenses." Then check off the boxes in front of any statements that are true for your situation.
• Below "Additional Information" on the form, you can write why you disagree with the landlord’s reasons for evicting you. If you need more room, you can add a blank piece of paper and write more.
• Be sure to sign your Answer form.

5. Make two copies of the forms after you fill them out. (Make one for your landlord and keep one for yourself.)

6. Look at the top right corner of the Summons form you got from the Court. There is a box with a "return date." (This is not the date you have to be in Court.)

7. On the Summons form, look for the "Address of the Court Clerk."

8. Mail your Appearance and Answer forms, or bring them in person, to the Court Clerk at the address of the Court on the Summons form. The Court Clerk should get these forms from you by the return date on the Summons form (or, at the very latest, by two days after the "return date").

9. Send a copy of your Appearance and Answer forms to your landlord or your landlord’s lawyer.

Be sure to get, fill out, sign and send the Appearance and Answer forms.

If you don’t send in these forms to the Court, the landlord will go to Court without you and win.

Be sure to get, fill out, sign and send the Appearance and Answer forms.

What happens next?

After you send in your Appearance and Answer forms, you will get a letter from the Court telling you the day and time you should be in Housing Court.

Get ready for housing court

How to get ready before you go to Court

• Get help from a lawyer to speak for you in Court. Call Statewide Legal Services at 1-800-453-3320. Legal Services offices may be able to help provide a lawyer or help you get the name of a lawyer.
• Gather together papers you need to prove your story. These papers may be rent receipts, letters, or your lease.
• Ask people who can help to prove your case to come to Court and tell the Judge what they know. These people are your witnesses.
• Your Housing Court visit could take between two and five hours. Get a babysitter if you can. Try to take the day off from your job.
• Dress up like you are going to work at an office. Wear shoes, not sandals. Wear pants and a nice shirt or a dress.

How you should act in court

• Be sure to go to court on time.
• Bring any witnesses and papers you have to help prove your story.
• Always show respect to court workers and judges. Always call a Judge "Your Honor." Use "sir" or "ma’am" when speaking to court workers. Or, if you know their last names, use "Mr." or "Ms."
• Stand up when you speak to the Judge.
• Do whatever the Judge or court employees ask you to do.
• Do not chew gum, listen to earphones, or read magazines in the courtroom.
• Turn off your cell phone or pager.

 What will happen in court?

• You can make an agreement with your landlord.

On your court date, you will have a chance to make an agreement with your landlord instead of having a trial. Housing Court has workers who are called "Housing Specialists." They are there to help you reach an agreement with your landlord if possible.

Most landlords and tenants will see the Housing Specialist first. Many make agreements called "stipulations." These agreements are always in writing and are signed by you and the landlord. (If you have a lawyer, your lawyer may sign an agreement.) The agreement is also signed by a Judge.

You can always make an agreement, even before or after your court date. But, it must be in writing and signed by you and your landlord. Make sure you always keep a copy of any agreement you sign.

• Don’t make any agreements in the hallway with your landlord or his attorney before you talk to a lawyer or Housing Specialist.

A lawyer or Housing Specialist can help to make sure you make a good agreement.

• If you do not make an agreement, you will have a trial where the judge hears your story.

Not everyone can make an agreement. Remember, you always have a right to see the judge if you cannot agree.

In the trial, you and your landlord will tell your stories to a judge, and the judge will decide whether you can stay in your apartment.

• The landlord will tell his side of the story first.

He will tell the judge why he wants you to leave. He may use papers and witnesses to prove his story.

• Next, you will have a chance to tell your side of the story.

Make sure you have any papers with you, like rent receipts, to prove your facts. If you brought witnesses, they will be sworn in to tell their stories about what they know.

• The judge may ask questions of you or the landlord.
• You can ask the landlord or his witnesses questions, too.
• The judge will make a decision, called an "order" or "judgment."

Most trials take less than an hour, but some take longer.

What can happen after you go to court?

What happens after your day in Court depends on whether you win, lose, or make an agreement with your landlord.

• If you make an agreement:

You must follow the rules of the agreement you made in Court. If you do not follow these rules, your landlord can tell the Court. You many have to go to Court to explain why you did not keep the agreement. A Judge can evict you if you did not do what the agreement says. You should not break the rules of an agreement without talking to a lawyer first.

• If the Judge makes a decision in the trial:

The Judge may make a decision on the day of your trial, or your may hear from the Court later. After the trial, both you and your landlord will get copies of the Judge’s decision in the mail.

• If you win, you get "possession."

This means you can stay in the apartment.

• If your landlord wins, the Judge’s decision (called a judgment) will say that the landlord gets "possession."

This means you will have to move out of the apartment. The landlord will get an order from the Court called an Execution. Your landlord can then hire a marshal, who will give you 24 hours to move out.

• If you have to move:

If you do not win in court, you will have to move out.

If you do not move out before the marshal comes, the marshal will remove your things and the landlord can then lock you out.

• The town you live in will store your things for 15 days. After the 15 days, the town will sell your things at a public auction.
• You can get your things before the auction if you pay the town moving and storing costs. Call your town clerk or town attorney at your town or city hall to ask them how much you need to pay for moving and storage.
• Also call 211 and tell them, "I would like to know about programs that can help me to find a place to live."

If you lose in court and don’t move before the marshal comes:

• the marshal will remove your things, and

• the landlord can lock you out.

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 8/2009. We hope that the information is helpful. It is not intended as legal advice for an individual situation. Please call Statewide Legal Services at 1-800-453-3320 or contact an attorney for additional help.