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 (Protected Tenant Only)
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)

[Attach to the current complaint form for the asserted ground; Practice Book §§ 10-1 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, with the current CT-RTC Right to Counsel Program notice attached, to be served on Defendant pursuant to Conn. Gen. Stat. § 47a-23 and P.A. 21-34 § 1(f)(2) by [Connecticut state marshal / other proper officer] [NAME OF OFFICER], 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 and CT-RTC attachment, together with the officer's return of service, is attached as Exhibit B and incorporated herein.

9. [IF NONPAYMENT — §§ 47a-15a, 47a-23(a)(1)(D).] The rent for the rental period beginning [__/__/____] in the amount of $[________] became due on [__/__/____]. The applicable nine-day (or four-day weekly) grace period, including any five-day extension because the landlord's online payment system prevented payment when due, expired on [__/__/____] without payment. The online system did not prevent payment within the grace period so as to exclude this nonpayment ground under § 47a-23(a)(1)(D). 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 applicable nine-day grace period under Conn. Gen. Stat. § 47a-15a (or four days for a one-week tenancy), including any five-day online-system extension for the affected rental period, expired on [__/__/____] without payment of any portion of the rent then due. The restriction in § 47a-23(a)(1)(D) does not exclude this nonpayment ground.

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 because [state the facts showing why the statute does not apply, including the building or complex, mobile manufactured home park, qualifying resident or family member, and any common-interest-community conditions].

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

(Conn. Gen. Stat. § 47a-23(a)(1)(C) for a lease or rules violation; § 47a-23(a)(1)(F) for a § 47a-11 violation)

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 or rules under § 47a-23(a)(1)(C) / violation of § 47a-11 under § 47a-23(a)(1)(F)] as the statutory ground.

8. FOURTH COUNT — SERIOUS NUISANCE / ILLEGAL CONDUCT

(Conn. Gen. Stat. §§ 47a-15, 47a-23(a)(1)(G); use § 47a-31 only if the alleged facts establish its separate voiding ground)

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 bodily harm or a qualifying threat to another tenant or the landlord / substantial and willful destruction of the dwelling unit or premises / an immediate and serious danger to other tenants or the landlord / use of the premises for prostitution or the illegal sale of drugs].

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 (PROTECTED TENANT ONLY)

(Conn. Gen. Stat. §§ 47a-23(a)(4)(A), 47a-23c(b)(1)(B); use only when § 47a-23c applies)

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

33. Defendant is a tenant protected by § 47a-23c because [state the applicable qualifying facts]. On [__/__/____], Plaintiff offered Defendant a fair and equitable rent increase of $[________] per month, effective [__/__/____], based on [facts supporting the increase under § 47a-23c(c)].

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 tenant protected by Conn. Gen. Stat. § 47a-23c because [identify the qualifying age or physical or mental disability of Defendant or a permanently resident qualifying family member] and [identify the qualifying building or complex of at least five separate dwelling units, mobile manufactured home park, or applicable common-interest-community condition].

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. Use JD-HM-32 (Summons) and the current Judicial Branch complaint form matching the ground, such as JD-HM-8 for nonpayment of rent or JD-HM-20 for lapse of time. This template provides allegations to adapt to the selected form.
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. Under § 47a-23a(a), the summary process complaint may be returnable six days, inclusive, after service on the defendant; the complaint must be returned to court at least three days before the return day. Coordinate service and the return day to meet both periods.
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, execution is stayed for five days after judgment, excluding Sundays and legal holidays. For a qualifying dwelling and ground, a tenant may apply within five days after judgment for a discretionary additional stay under §§ 47a-37 to 47a-39. The court may allow up to six months in the aggregate from judgment, or up to three months for nonpayment. After a nonpayment judgment, the tenant must deposit the full arrearage with the clerk within five days to apply. Section 47a-36 excludes certain occupancies from this relief.
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. Under Conn. Gen. Stat. § 47a-75, a covered tenant, lessee, or occupant may receive legal representation at no cost in a covered eviction matter if income-eligible (generally household income at or below 80% of state median income, adjusted for family size, or receipt of listed public assistance). Representation depends on program funding and availability; do not assume that every defendant will have 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 — rent grace period and online-system extension
• 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-39 — Additional stay eligibility, application, and duration: https://www.cga.ct.gov/current/pub/chap_832.htm#sec_47a-37

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-8 Summary Process Complaint — nonpayment of rent
• JD-HM-20 Summary Process Complaint — lapse of time
• 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)

END OF SUMMARY PROCESS COMPLAINT TEMPLATE