Notice to Quit and Summary Process Complaint Package

NOTICE TO QUIT AND SUMMARY PROCESS COMPLAINT PACKAGE — CONNECTICUT

TABLE OF CONTENTS

1. Pre-Notice Compliance Checklist
2. Part A — 15-Day Kapa Pretermination Notice (Lease Violation)
3. Part B — 3-Day Notice to Quit Possession (Nonpayment)
4. Part C — 3-Day Notice to Quit (Lapse of Time / Other Cause)
5. Part D — State Marshal's Return of Service
6. Part E — Summary Process Complaint (JD-HM-29)
7. Part F — Summary Process Summons (JD-HM-32)
8. Part G — Verification and Certificate of Service
9. Connecticut Practice Notes
10. Sources and References

1. PRE-NOTICE COMPLIANCE CHECKLIST

☐ Confirmed property is residential and subject to Conn. Gen. Stat. Chapter 830 / 832.
☐ Nine (9)-day grace period for monthly rent (or 4 days for week-to-week) has expired before serving Notice to Quit (§ 47a-15a / § 21-83).
☐ For non-rent violations: § 47a-15 Kapa pretermination notice served and 15-day cure period expired.
☐ Tenant's status as a senior (62+) or person with disability evaluated; if applicable in a 5+ unit building, just-cause protections under § 47a-23c apply.
☐ Required § 47a-23(e) disclaimer about acceptance of rent included verbatim in the Notice to Quit.
☐ Notice will be served by state marshal or proper officer (§ 47a-23(c)).
☐ No retaliation issue (§ 47a-20 prohibits retaliation for six months following protected activity).
☐ No fair-housing concern (federal FHA; Conn. Gen. Stat. § 46a-64c).
☐ Servicemember (SCRA) status considered.
☐ Federal CARES Act 30-day notice (if covered property).

2. PART A — 15-DAY KAPA PRETERMINATION NOTICE (LEASE VIOLATION)

NOTICE OF MATERIAL NONCOMPLIANCE — 15-DAY RIGHT TO CURE

Pursuant to Conn. Gen. Stat. § 47a-15

TO: [TENANT NAME(S)]

PREMISES: [________________________________] (street, unit, town, Connecticut, ZIP)

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with your rental agreement and/or Conn. Gen. Stat. § 47a-11 (tenant obligations) in the following specific manner(s):

1. [____________________________________________________________]
2. [____________________________________________________________]
3. [____________________________________________________________]

The acts or omissions described above occurred on or about [__/__/____].

YOU MAY REMEDY (CURE) THE NONCOMPLIANCE WITHIN FIFTEEN (15) DAYS of delivery of this Notice — that is, on or before [__/__/____]. If the noncompliance is remedied within the cure period, the tenancy will continue.

If the noncompliance is NOT remedied within 15 days, the rental agreement will terminate and the Landlord may serve a Notice to Quit and bring a summary process action under Conn. Gen. Stat. § 47a-23.

Repeat violation: If substantially the same act or omission for which this Notice is given recurs within six (6) months, the Landlord may terminate the rental agreement without a further right to cure (Conn. Gen. Stat. § 47a-15).

Landlord / Agent: [________________________________]
Address: [________________________________]
Date: [__/__/____]

3. PART B — 3-DAY NOTICE TO QUIT POSSESSION (NONPAYMENT)

NOTICE TO QUIT POSSESSION

Pursuant to Conn. Gen. Stat. § 47a-23

TO: [TENANT NAME(S)] and all other occupants in possession of:

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

I HEREBY GIVE YOU NOTICE that you are to QUIT POSSESSION OR OCCUPANCY of the above-described premises which you now occupy, on or before [__/__/____] (no fewer than three (3) days from delivery of this Notice), for the following reason:

☐ NONPAYMENT OF RENT in the amount of $[____________] for the rental period(s) [__/__/____] through [__/__/____]. The nine-day grace period required by Conn. Gen. Stat. § 47a-15a has expired.

☐ LAPSE OF TIME — The rental agreement has terminated by its terms / by 30-day notice / by month-to-month termination.

☐ VIOLATION OF RENTAL AGREEMENT — The 15-day cure period under § 47a-15 has expired and the violation has not been cured.

☐ NUISANCE / SERIOUS NUISANCE under § 47a-15 (no cure required for "serious nuisance" defined in § 47a-15).

☐ OTHER: [____________________________________________________________]

REQUIRED DISCLAIMER (Conn. Gen. Stat. § 47a-23(e)):

ANY PAYMENTS TENDERED AFTER SERVICE OF THIS NOTICE TO QUIT POSSESSION WILL BE ACCEPTED FOR USE AND OCCUPANCY ONLY, AND NOT FOR RENT, WITH FULL RESERVATION OF RIGHTS TO CONTINUE WITH THE EVICTION ACTION.

TO THE TENANT: If you do not vacate by the date above, the Landlord will commence a summary process action against you in the Superior Court / Housing Session for [________________________________].

LEGAL RIGHTS NOTICE: You may consult with an attorney. If you cannot afford one, contact Connecticut Legal Services (1-800-453-3320) or Statewide Legal Services (1-800-453-3320 / ctlawhelp.org). If you are a servicemember, you may be entitled to a stay under the SCRA, 50 U.S.C. § 3901 et seq.

LANDLORD / AGENT:
Name: [________________________________]
Address: [________________________________]
Telephone: [____________________]
Signature: [________________________________]
Date: [__/__/____]

4. PART C — 3-DAY NOTICE TO QUIT (LAPSE OF TIME / OTHER CAUSE)

Use the same form as Part B and check the applicable reason. For "lapse of time" (end of fixed-term lease or month-to-month termination), the Notice to Quit follows expiration of any required tenancy-termination notice.

For senior or disabled tenants protected by § 47a-23c, the Landlord must establish just cause:

☐ Nonpayment of rent
☐ Refusal to agree to a fair and equitable rent increase
☐ Material noncompliance with the rental agreement
☐ Material noncompliance with rules
☐ Material noncompliance with § 47a-11
☐ Permanent removal by the Landlord from the housing rental market
☐ Bona fide intention by the Landlord to use the premises as the principal residence of the Landlord or the Landlord's immediate family
☐ Other just cause: [________________________________]

5. PART D — STATE MARSHAL'S RETURN OF SERVICE

STATE MARSHAL'S RETURN

STATE OF CONNECTICUT
COUNTY OF [________________________________]

I, [________________________________], a State Marshal for [________________________________] County, certify that on [__/__/____] at [____] ☐ a.m. ☐ p.m., I duly served the foregoing Notice to Quit Possession on [TENANT NAME] in compliance with Conn. Gen. Stat. § 47a-23(c) by:

☐ Personal in-hand service upon the Tenant at the premises
☐ Leaving a true and attested copy at the Tenant's usual place of abode (the premises) per § 52-57
☐ Other (specify): [________________________________]

I am a disinterested person and a duly appointed and acting State Marshal.

State Marshal: [________________________________]
Badge / Commission No.: [____________]
Date: [__/__/____]
Fee: $[____________]

6. PART E — SUMMARY PROCESS COMPLAINT (JD-HM-29)

SUPERIOR COURT

☐ HOUSING SESSION at [________________________________]
☐ JUDICIAL DISTRICT OF [________________________________] AT [________________________________]

Docket No. [________________________________]

SUMMARY PROCESS COMPLAINT

(Conn. Gen. Stat. § 47a-23a; Conn. Practice Book § 24-1 et seq.)

Plaintiff respectfully alleges:

1. Plaintiff is the owner or lessor of the residential premises located at [________________________________], [TOWN], [COUNTY] County, Connecticut [ZIP] (the "Premises").

2. Defendant(s) are in possession of the Premises pursuant to a written / oral rental agreement entered on or about [__/__/____].

3. The agreed monthly rent is $[____________], due on the [____] day of each month.

4. (For Nonpayment) Defendant(s) failed to pay rent due on [__/__/____] in the amount of $[____________], and the 9-day grace period under Conn. Gen. Stat. § 47a-15a expired on [__/__/____].

5. (For Lease Violation) Plaintiff served a Kapa pretermination notice on [__/__/____] (Exhibit A) pursuant to § 47a-15 specifying [________________________________]. The 15-day cure period expired on [__/__/____] without cure.

6. On [__/__/____], Plaintiff caused a Notice to Quit Possession to be served on Defendant(s) by State Marshal [________________________________] pursuant to Conn. Gen. Stat. § 47a-23 (Exhibit B). The Notice to Quit directed Defendant(s) to vacate the Premises on or before [__/__/____].

7. The reason(s) stated in the Notice to Quit are: ☐ nonpayment of rent ☐ lapse of time ☐ violation of rental agreement ☐ nuisance / serious nuisance ☐ originally had right to occupy but right has terminated ☐ never had right to occupy.

8. Defendant(s) have failed to vacate and continue in possession of the Premises after the date specified in the Notice to Quit.

9. ☐ Defendant(s) are not protected senior or disabled tenants under § 47a-23c. ☐ Defendant(s) are protected, and Plaintiff has just cause for termination as stated above.

10. ☐ The Premises is NOT a "covered dwelling" under 15 U.S.C. § 9058 (CARES Act). ☐ The Premises is covered, and the required federal 30-day notice was served on [__/__/____].

WHEREFORE, the Plaintiff claims:

A. Immediate possession of the Premises (judgment of possession);
B. Costs of suit;
C. Such other relief in law or equity as is just.

Dated at [________________________________], Connecticut, this [____] day of [________________], 20[____].

THE PLAINTIFF,

By: [________________________________]
Attorney for Plaintiff
Juris No.: [____________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [____________________]
Email: [________________________________]

7. PART F — SUMMARY PROCESS SUMMONS (JD-HM-32)

SUPERIOR COURT — STATE OF CONNECTICUT

☐ HOUSING SESSION ☐ REGULAR DOCKET

Docket No. [________________________________]

SUMMARY PROCESS SUMMONS — RESIDENTIAL

TO: Any State Marshal or other proper officer in [________________________________] County

BY AUTHORITY OF THE STATE OF CONNECTICUT, YOU ARE COMMANDED to serve the foregoing Complaint, this Summons, and any accompanying documents on the named Defendant(s).

TO THE DEFENDANT(S): [TENANT NAME(S)]

PREMISES: [________________________________]

You are being sued to be ordered to move out of the rental premises listed above.

YOU ARE HEREBY SUMMONED to file an Appearance (Form JD-CL-12) on or before the second day following the Return Date listed below. If you do not appear, judgment may enter against you for possession, and you may be required to vacate.

RETURN DATE: [__/__/____] (must be a Tuesday at least six days from completion of service per Practice Book § 24-9)

LOCATION: [________________________________] Superior Court / Housing Session

TENANT RIGHTS:

• File a written Appearance (JD-CL-12) at the court within 2 days after the Return Date.
• File an Answer to the Complaint within 3 days after filing your Appearance.
• You have the right to a hearing and to be represented by an attorney.
• Free legal help: Connecticut Legal Services 1-800-453-3320; Statewide Legal Services 1-800-453-3320; ctlawhelp.org.
• Rental assistance: Call 2-1-1 or visit ct.gov/dohcd.
• If you are an active-duty servicemember, you may be entitled to a stay of proceedings under the SCRA.

ISSUED at [________________________________], Connecticut, on [__/__/____].

Commissioner of the Superior Court / Clerk:
[________________________________]
Juris No.: [____________]

8. PART G — VERIFICATION AND CERTIFICATE OF SERVICE

VERIFICATION

I, [________________________________], being duly sworn, depose and state that I am the Plaintiff (or authorized agent) in the above action; that I have read the foregoing Complaint; and that the facts stated therein are true and correct based upon my personal knowledge or information and belief.

Signature: [________________________________]

Subscribed and sworn before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public / Commissioner of Superior Court
My commission expires: [__/__/____]

STATE MARSHAL'S RETURN — COMPLAINT AND SUMMONS

I served the Complaint and Summons on [TENANT NAME] on [__/__/____] by:

☐ Personal in-hand service
☐ Abode service at [________________________________] (premises) — copy attested

State Marshal: [________________________________]
Date: [__/__/____]
Fee: $[____________]

9. CONNECTICUT PRACTICE NOTES

• Notice to Quit jurisdictional. Connecticut courts treat the Notice to Quit as a jurisdictional prerequisite. Defects (incorrect grace-period calculation, wrong reason stated, missing § 47a-23(e) disclaimer, improper service) commonly result in dismissal of the summary process action.
• Kapa notice required for non-rent violations. Bristol Manor Apts. v. Kapa, 161 Conn. 627 (1971) and § 47a-15 require a 15-day pretermination notice with right to cure before a Notice to Quit may be served for material noncompliance.
• 9-day / 4-day grace period. Conn. Gen. Stat. § 47a-15a (9 days for monthly rent) and § 21-83 (mobile home parks) bar Notice to Quit until grace period expires. Week-to-week leases get 4 days.
• Required disclaimer language. The § 47a-23(e) disclaimer that rent paid after service of the Notice to Quit will be accepted "for use and occupancy only" must appear verbatim. Without it, acceptance of rent waives the eviction (§ 47a-19).
• State marshal service required. Notices to Quit must be served by a state marshal, indifferent person, or other proper officer (§ 47a-23(c)).
• Return date / appearance. Return dates in summary process are Tuesdays at least 6 days from completion of service. Appearance must be filed within 2 days after the return date; Answer within 3 days thereafter.
• Senior / disabled just cause. § 47a-23c protects tenants 62+ and persons with disabilities in buildings of 5 or more units (with carve-outs for owner-occupied 2-4 unit buildings).
• Execution stay. Tenant gets 5 days after judgment to file appeal (§ 47a-35). Execution may also be stayed up to 6 months for hardship (§ 47a-39).
• Late fees (PA 23-207 (2023)). Maximum $5/day or 5% of monthly rent, whichever is less, cap at $50 total per month. Cannot charge before 9-day grace expires.
• Application fees (PA 23-207). Capped at $50, refundable if not used for background check.
• Eviction record sealing (PA 23-207). Tenants may petition to seal eviction records in many cases.
• Self-help prohibited. Lockouts and utility shut-offs expose landlord to actual damages, two months' rent, and attorney's fees (§ 47a-43).
• Fair Rent Commissions. Many CT towns have Fair Rent Commissions (§ 7-148b) that can roll back rent increases.
• Federal CARES Act 30-day notice. Covered properties (federally backed mortgages, HUD programs) still require 30-day notice (15 U.S.C. § 9058).

10. SOURCES AND REFERENCES

• Conn. Gen. Stat. Chapter 830 (Landlord-Tenant): https://www.cga.ct.gov/current/pub/chap_830.htm
• Conn. Gen. Stat. Chapter 832 (Summary Process): https://www.cga.ct.gov/current/pub/chap_832.htm
• Conn. Gen. Stat. § 47a-23: https://www.cga.ct.gov/current/pub/chap_832.htm#sec_47a-23
• Conn. Gen. Stat. § 47a-15 (Kapa notice)
• Conn. Gen. Stat. § 47a-23a (Complaint)
• Conn. Gen. Stat. § 47a-23c (Senior/disabled just cause)
• Conn. Practice Book Chapter 24 — Summary Process
• Conn. Judicial Branch Housing forms: https://www.jud.ct.gov/webforms/
• JD-HM-29 Summary Process Complaint
• JD-HM-32 Summary Process Summons
• JD-CL-12 Appearance
• PA 23-207 — Tenant Protections Act (2023)
• Connecticut Fair Housing Center: https://www.ctfairhousing.org/
• Statewide Legal Services CT: https://ctlawhelp.org/
• CARES Act, 15 U.S.C. § 9058

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