Connecticut Summary Process (Eviction) Complaint — Superior Court Housing Session

CONNECTICUT SUMMARY PROCESS (EVICTION) COMPLAINT — SUPERIOR COURT HOUSING SESSION

TABLE OF CONTENTS

1. Caption / Court Information
2. Parties
3. Premises and Tenancy
4. Statutory Preconditions — Notices Served
5. First Count — Nonpayment of Rent
6. Second Count — Lapse of Time / Non-Renewal
7. Third Count — Material Noncompliance with Lease (Kapa)
8. Fourth Count — Serious Nuisance / Illegal Conduct
9. Fifth Count — Refusal to Agree to Fair and Equitable Rent Increase
10. Protected Tenant Allegation (if applicable)
11. Prayer for Relief
12. Verification / Signature / Certification
13. List of Exhibits
14. Connecticut Practice Notes
15. Sources and References

1. CAPTION / COURT INFORMATION

STATE OF CONNECTICUT

SUPERIOR COURT — HOUSING SESSION

JUDICIAL DISTRICT OF [____________] / GEOGRAPHICAL AREA NO. [_____]

[ADDRESS OF COURTHOUSE]

RETURN DATE: [__/__/____]

DOCKET NO.: [____________] (assigned by clerk)

SUMMARY PROCESS COMPLAINT (EVICTION)

[Form JD-HM-30 / Practice Book §§ 8-1 et seq.]

The Plaintiff, [PLAINTIFF NAME], brings this Summary Process action pursuant to Conn. Gen. Stat. §§ 47a-23 to 47a-42a, and complaining of the Defendant(s), alleges as follows:

2. PARTIES

1. Plaintiff [PLAINTIFF NAME] is the [owner / lessor / landlord / authorized agent] of the residential premises that is the subject of this action and resides / has its principal place of business at [PLAINTIFF ADDRESS, CITY, STATE, ZIP].

2. Defendant [TENANT NAME] is the [tenant / lessee / occupant] of the subject premises and resides at [STREET ADDRESS, UNIT NO., CITY, CT ZIP].

3. Defendant [JOHN/JANE DOE / "ALL OTHER OCCUPANTS"] consists of any and all other adult occupants of the subject premises whose true names are presently unknown to Plaintiff.

3. PREMISES AND TENANCY

4. The subject premises (the "Premises") is the residential dwelling unit located at [STREET ADDRESS, UNIT NO., CITY, CT ZIP], in the Town of [TOWN], County of [COUNTY], State of Connecticut.

5. On or about [__/__/____], Plaintiff and Defendant entered into a [written / oral / month-to-month / fixed-term / week-to-week] rental agreement (the "Rental Agreement") under which Defendant agreed to occupy the Premises and pay to Plaintiff rent in the amount of $[________] per [month / week], due on the [1st / specify] day of each [month / week].

6. ☐ A true and correct copy of the written Rental Agreement is attached as Exhibit A and incorporated herein. OR ☐ The Rental Agreement is oral / month-to-month and no written instrument exists.

7. Defendant entered into possession of the Premises on or about [__/__/____] and has remained in possession at all times material hereto.

4. STATUTORY PRECONDITIONS — NOTICES SERVED

8. Notice to Quit Possession. On [__/__/____], Plaintiff caused a Notice to Quit Possession to be served on Defendant pursuant to Conn. Gen. Stat. § 47a-23 by [Connecticut state marshal / indifferent person / proper officer] [NAME OF MARSHAL], by [personal service / abode service]. The Notice to Quit specified that Defendant was required to quit possession of the Premises on or before [__/__/____] (the "Quit Date"). A true and correct copy of the Notice to Quit, together with the marshal's return of service, is attached as Exhibit B and incorporated herein.

9. [IF NONPAYMENT — § 47a-15a 9-day grace.] The rent for the rental period beginning [__/__/____] in the amount of $[________] became due on [__/__/____]. The nine (9) calendar day grace period required by Conn. Gen. Stat. § 47a-15a expired on [__/__/____] without payment. The Notice to Quit was served thereafter.

10. [IF MATERIAL NONCOMPLIANCE — § 47a-15 Kapa.] On [__/__/____], Plaintiff caused a pretermination notice to be served on Defendant pursuant to Conn. Gen. Stat. § 47a-15 specifying the acts or omissions constituting the breach and stating that the Rental Agreement would terminate not less than fifteen (15) days after Defendant's receipt of the notice unless the breach was cured. The fifteen (15) day cure period expired on [__/__/____] without cure. A true and correct copy of the pretermination notice, together with proof of service, is attached as Exhibit C and incorporated herein.

11. Quit date has passed. As of the filing of this Complaint, the Quit Date specified in the Notice to Quit has passed. Defendant has failed and refused to vacate the Premises and continues in possession against the will of Plaintiff.

12. Plaintiff has not accepted any payment of rent (as opposed to use and occupancy) for any period after the Quit Date.

5. FIRST COUNT — NONPAYMENT OF RENT

(Conn. Gen. Stat. § 47a-23(a)(1)(D))

13. Plaintiff incorporates paragraphs 1 through 12 as if fully set forth herein.

14. Defendant failed to pay rent in the total amount of $[________] for the rental period(s) commencing [__/__/____] through [__/__/____].

15. The nine (9) day grace period under Conn. Gen. Stat. § 47a-15a (or four (4) day grace period for weekly tenancies) expired on [__/__/____] without payment of any portion of the rent then due.

16. A rent ledger documenting the rental periods due, amounts paid, and amounts unpaid is attached as Exhibit D and incorporated herein.

17. As a result of the nonpayment, the Notice to Quit Possession was issued specifying "nonpayment of rent" as the statutory ground.

6. SECOND COUNT — LAPSE OF TIME / NON-RENEWAL

(Conn. Gen. Stat. § 47a-23(a)(1)(A))

18. Plaintiff incorporates paragraphs 1 through 12 as if fully set forth herein.

19. The Rental Agreement between the parties, by its express terms or by operation of law, expired on [__/__/____].

20. Plaintiff did not extend or renew the Rental Agreement and does not consent to Defendant's continued occupancy of the Premises.

21. Defendant has continued in possession of the Premises beyond the expiration of the Rental Agreement, and the Notice to Quit specified "lapse of time" as the statutory ground.

22. Defendant is NOT a protected tenant within the meaning of Conn. Gen. Stat. § 47a-23c, in that [Defendant is not 62 years of age or older AND not physically disabled within the meaning of § 1-1f / the Premises is not in a building of 5 or more separate dwelling units AND not in a mobile manufactured home park / OTHER BASIS].

7. THIRD COUNT — MATERIAL NONCOMPLIANCE WITH LEASE (KAPA)

(Conn. Gen. Stat. § 47a-23(a)(1)(E))

23. Plaintiff incorporates paragraphs 1 through 12 as if fully set forth herein.

24. Defendant has materially breached the Rental Agreement and/or the obligations imposed upon Defendant by Conn. Gen. Stat. § 47a-11 and/or the rules and regulations adopted by Plaintiff pursuant to § 47a-9 in the following manner(s):

a. [SPECIFIC BREACH NO. 1 — date(s), conduct, lease provision]
b. [SPECIFIC BREACH NO. 2 — date(s), conduct, lease provision]
c. [SPECIFIC BREACH NO. 3 — date(s), conduct, lease provision]

25. The breach is material in that [explain materiality].

26. On [__/__/____], Plaintiff caused a pretermination Kapa notice under § 47a-15 to be served on Defendant specifying the breach and providing fifteen (15) days to cure.

27. Defendant did not cure the breach within the fifteen (15) day period or at all, and the Notice to Quit thereafter specified "violation of the rental agreement" as the statutory ground.

8. FOURTH COUNT — SERIOUS NUISANCE / ILLEGAL CONDUCT

(Conn. Gen. Stat. §§ 47a-15, 47a-23(a)(1)(F), 47a-31)

28. Plaintiff incorporates paragraphs 1 through 12 as if fully set forth herein.

29. Defendant has engaged in serious nuisance and/or illegal conduct on the Premises, including but not limited to:

a. [describe specific incidents — date, time, location, witnesses, police reports]
b. [describe specific incidents]

30. Such conduct constitutes "serious nuisance" within the meaning of Conn. Gen. Stat. § 47a-15 in that it [involved infliction of bodily harm or threats / substantial and willful destruction of the premises / immediate and serious danger to the safety of other tenants / use of the premises for prostitution or illegal sale of controlled substances / criminal activity threatening the health or safety of others].

31. No opportunity to cure was required, and the Notice to Quit specified the appropriate statutory ground.

9. FIFTH COUNT — REFUSAL TO AGREE TO FAIR AND EQUITABLE RENT INCREASE

(Conn. Gen. Stat. § 47a-23(a)(1)(B))

32. Plaintiff incorporates paragraphs 1 through 12 as if fully set forth herein.

33. On [__/__/____], Plaintiff offered Defendant a fair and equitable rent increase of $[________] per month, effective [__/__/____], based on [increases in operating expenses, taxes, utilities, debt service, etc.].

34. Defendant refused the rent increase, and the Notice to Quit specified "refusal to agree to a fair and equitable rent increase" as the statutory ground.

10. PROTECTED TENANT ALLEGATION (IF APPLICABLE)

35. Defendant is a "protected tenant" within the meaning of Conn. Gen. Stat. § 47a-23c in that [Defendant is 62 years of age or older / physically disabled within the meaning of § 1-1f] and resides in [a building containing 5 or more separate dwelling units / a mobile manufactured home park].

36. The ground for this summary process action is one of the enumerated grounds permitted under § 47a-23c(b), specifically: [(A) nonpayment of rent / (B) refusal to agree to a fair and equitable rent increase / (C) material noncompliance with § 47a-11 or § 21-82(b) materially affecting health and safety / (D) voiding under § 47a-31 or material noncompliance with the rental agreement / (E) material noncompliance with rules and regulations under § 47a-9 or § 21-70 / (F) permanent removal of the unit from the housing market / (G) bona fide intention by the landlord to use the unit as principal residence].

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant(s) granting the following relief:

a. Immediate possession of the Premises located at [STREET ADDRESS, UNIT NO., CITY, CT ZIP];

b. Issuance of a summary process execution for possession pursuant to Conn. Gen. Stat. §§ 47a-35 to 47a-42a, after expiration of the statutory five (5) day stay;

c. Costs of suit, including state marshal's fees and entry fee, pursuant to Conn. Gen. Stat. § 47a-26d;

d. Use and occupancy payments during the pendency of this action under Conn. Gen. Stat. § 47a-26b, in the amount of $[________] per [month / week];

e. Such other and further relief as the Court deems just and proper.

12. VERIFICATION / SIGNATURE / CERTIFICATION

Dated at [CITY], Connecticut, this ____ day of [MONTH], [YEAR].

THE PLAINTIFF,

[PLAINTIFF NAME]

By: [________________________________]

[ATTORNEY NAME], Juris No. [________]

[FIRM NAME]

[FIRM ADDRESS]

[CITY], CT [ZIP]

Telephone: [________]

Fax: [________]

Email: [________]

Verification (if pro se / by Plaintiff)

STATE OF CONNECTICUT

COUNTY OF [____________]

I, [PLAINTIFF NAME], being duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Summary Process Complaint; and that the matters and things stated therein are true to the best of my knowledge, information and belief.

[________________________________], Plaintiff

Subscribed and sworn to before me this ____ day of [MONTH], [YEAR].

[NOTARY PUBLIC / COMMISSIONER OF SUPERIOR COURT]

My commission expires: [__/__/____]

13. LIST OF EXHIBITS

14. CONNECTICUT PRACTICE NOTES

1. Use the official forms. The Connecticut Judicial Branch requires use of JD-HM-32 (Summons) and JD-HM-30 (Complaint). This template provides the substantive allegations to attach.
2. Filing fee. The Superior Court entry fee for summary process is $175 (verify current fee at www.jud.ct.gov). Fee waiver via JD-FM-75 is available for indigent plaintiffs.
3. Return date and timing. The return date must be at least 6 days after service. Service must be made at least 12 days before the return date in some practice manuals — verify current Practice Book § 8-1 and § 47a-23a. The original Notice to Quit and the Summary Process Summons and Complaint must be returned to the clerk before the return date.
4. Default if no Appearance. Under § 47a-26, if the defendant fails to file an Appearance within 2 days after the return date, the plaintiff may move for judgment for failure to appear, and the court shall enter judgment not later than the first court day after the motion is filed.
5. Default if Appearance but no plea. Under § 47a-26a, if the defendant appears but fails to plead within 2 days after the return date, the plaintiff may move for judgment for failure to plead, and judgment enters if the defendant fails to plead within 3 days after receipt of the motion by the clerk.
6. Mediation. Most Connecticut Housing Sessions route summary process cases to court mediation as a first step. Settlement via stipulated judgment is common. The mediator is a court employee, not a judge.
7. Use and occupancy escrow. § 47a-26b authorizes the court to order tenant to pay use and occupancy into court escrow during pendency. Failure to comply may result in default and immediate execution.
8. Five-day stay of execution. Under § 47a-35, no execution may issue for 5 days after judgment, exclusive of Sundays and legal holidays. Tenant may file an application for additional stay (3 to 6 months) under § 47a-36 to § 47a-42a.
9. Strict construction of NTQ. The most common ground for dismissal of summary process actions is a defect in the Notice to Quit (timing, content, service, ground). Verify before filing.
10. Rent claim by separate action. Connecticut summary process is limited to possession; back rent and damages must generally be sought in a separate civil action or via a § 47a-26h motion for use and occupancy as part of the judgment.
11. Right to Counsel. Tenant may obtain free counsel through P.A. 21-34. Many tenants will appear represented by Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance, or Statewide Legal Services. Pro se plaintiffs may face well-prepared defense counsel.

15. SOURCES AND REFERENCES

Statutes

• Conn. Gen. Stat. § 47a-23 — Notice to quit (Justia)
• Conn. Gen. Stat. § 47a-23a — Summary process complaint
• Conn. Gen. Stat. § 47a-23b — Service of process
• Conn. Gen. Stat. § 47a-23c — Protected tenants (Justia)
• Conn. Gen. Stat. § 47a-15 — Pretermination Kapa cure
• Conn. Gen. Stat. § 47a-15a — 9-day grace for nonpayment
• Conn. Gen. Stat. § 47a-26 — Failure to appear (Justia)
• Conn. Gen. Stat. § 47a-26a — Failure to plead
• Conn. Gen. Stat. § 47a-26b — Use and occupancy
• Conn. Gen. Stat. § 47a-26d — Judgment for plaintiff
• Conn. Gen. Stat. § 47a-35 — 5-day stay; appeal
• Conn. Gen. Stat. §§ 47a-36 to 47a-42a — Execution

Connecticut General Assembly

• Chapter 832 — Summary Process
• Chapter 830 — Rights and Responsibilities of Landlord and Tenant

Connecticut Judicial Branch Forms and Resources

• JD-HM-32 Summons — Summary Process
• JD-HM-30 Summary Process Complaint
• JD-CL-12 Appearance
• HM-21 Stay of Execution Application
• A Landlord's Guide to Eviction
• State Marshal Commission Manual — Section 6 Evictions

Cases

• Bridgeport v. Barbour-Daniel Elecs., Inc., 16 Conn. App. 574 (1988) (strict construction)
• Jefferson Garden Assocs. v. Greene, 202 Conn. 128 (1987) (specificity in pretermination notice)
• Marrinan v. Hamer, 5 Conn. App. 101 (1985) (Kapa)
• Visco v. Cody, 16 Conn. App. 444 (1988) (Kapa precondition)
• Borst v. Ruff, 137 Conn. 359 (1950) (waiver by acceptance of rent)
• Tonetti v. Penati, 367 A.2d 1099 (Conn. 1976) (warranty of habitability)

END OF SUMMARY PROCESS COMPLAINT TEMPLATE