NOTICE TO QUIT (POSSESSION) AND DEMAND FOR VACATING PREMISES
(State of Connecticut – Summary Process)
[// GUIDANCE: This template is intentionally more robust than Connecticut’s statutory “Notice to Quit” form so that counsel may (i) embed optional cure language, (ii) create a thorough record of service, and (iii) preserve future litigation positions. Remove or modify bracketed provisions as appropriate for the facts of your matter.]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- NOTICE TO QUIT & DEMAND FOR POSSESSION
- TENANT CURE RIGHTS (OPTIONAL)
- SERVICE OF NOTICE
- DEFAULT & REMEDIES
- GOVERNING LAW; FORUM SELECTION
- GENERAL PROVISIONS
- EXECUTION BLOCK
- CERTIFICATE OF SERVICE (STATE MARSHAL / CONSTABLE)
1. DOCUMENT HEADER
Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
Tenant(s): [TENANT LEGAL NAME(S)]
Premises: [STREET ADDRESS, UNIT, CITY, CT ZIP]
Lease Date (if written): [MM/DD/YYYY] (“Lease”)
Effective Date of this Notice: [DATE OF SERVICE]
Statutory Authority: Conn. Gen. Stat. § 47a-23.
Recitals
A. Landlord is the owner and lessor of the Premises.
B. Tenant occupies the Premises pursuant to the Lease or, if no written Lease exists, pursuant to an oral month-to-month tenancy.
C. An Event of Default (defined below) has occurred under Connecticut law, thereby entitling Landlord to possession of the Premises.
2. DEFINITIONS
“Event of Default” means any of the following (select all that apply):
a. Non-Payment of Rent: Failure to pay rent of $[AMOUNT] due on [RENT DUE DATE].
b. Lapse of Time: Expiration of the term on [LEASE EXPIRATION DATE] without surrender.
c. Material Lease Violation: [DESCRIBE VIOLATION (e.g., unauthorized occupants, pets, serious nuisance)].
d. Other Statutory Ground: [DESCRIBE].
“Notice Period” means the statutory three (3) full calendar days following the Effective Date, exclusive of (i) the day of service and (ii) any Sunday or legal holiday, unless a longer period is required by applicable law or governmental order.
“Possession Deadline” means [MM/DD/YYYY] (the first date after expiration of the Notice Period).
3. NOTICE TO QUIT & DEMAND FOR POSSESSION
Pursuant to Conn. Gen. Stat. § 47a-23, Tenant is hereby directed to quit possession and occupancy of the Premises on or before the Possession Deadline for the Event(s) of Default stated above.
FAILURE TO VACATE BY THE POSSESSION DEADLINE WILL RESULT IN THE COMMENCEMENT OF A SUMMARY PROCESS ACTION IN THE CONNECTICUT SUPERIOR COURT – HOUSING SESSION, AND A JUDGMENT FOR POSSESSION AND COSTS MAY ENTER AGAINST YOU.
4. TENANT CURE RIGHTS (OPTIONAL – REMOVE IF NOT OFFERED)
4.1 Rent Cure. If the sole Event of Default is Non-Payment of Rent, Landlord will accept full payment of all rent, late fees, and other sums due on or before the Possession Deadline as a complete cure, in which case this Notice shall be deemed withdrawn without prejudice.
4.2 Violation Cure. If the Event of Default is a remediable Lease violation, Tenant may fully cure such violation and provide written evidence thereof to Landlord within the Notice Period. Acceptance of cure is in Landlord’s sole discretion and must be confirmed in writing.
[// GUIDANCE: Connecticut law does not mandate a statutory cure right for non-payment, but many courts look favorably on voluntary cure offers. Tailor to client objectives.]
5. SERVICE OF NOTICE
This Notice is being served by a State Marshal / Constable / Indifferent Person in the manner prescribed by Conn. Gen. Stat. § 47a-23(b), namely:
☐ By delivering a true copy in hand to each named Tenant.
☐ By leaving a true copy at the usual place of abode of each named Tenant.
☐ By posting a true copy conspicuously on the main entrance of the Premises and mailing a true copy by first-class mail.
6. DEFAULT & REMEDIES
6.1 Failure to Surrender. If Tenant fails to vacate the Premises by the Possession Deadline, Landlord shall have the immediate right to:
a. Initiate a summary process action for possession, back rent, damages, use and occupancy, court costs, and statutory fees; and
b. Seek any other relief available at law or in equity, including injunctive relief to remove unlawful occupants.
6.2 Attorney Fees & Costs. If permitted by the Lease or statute, Tenant shall be liable for Landlord’s reasonable attorney fees and costs incurred in enforcing this Notice and recovering possession.
7. GOVERNING LAW; FORUM SELECTION
This Notice and any resulting summary process action shall be governed by, and construed in accordance with, the laws of the State of Connecticut. Venue shall lie exclusively in the Connecticut Superior Court—Housing Session (or the geographical area session if no housing session exists for the judicial district in which the Premises are located).
8. GENERAL PROVISIONS
8.1 No Waiver. Landlord’s acceptance of partial rent or failure to enforce rights shall not constitute a waiver of any default or of this Notice.
8.2 Reservation of Rights. All rights and remedies of Landlord, whether arising under the Lease, statute, or common law, are cumulative and reserved.
8.3 Severability. If any part of this Notice is held invalid, the balance shall remain in full force to the extent lawful.
8.4 Amendment. This Notice may be amended only by a written instrument executed by Landlord and served in conformity with Connecticut law.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned hereby issues this Notice to Quit on the Effective Date set forth above.
[NAME OF AUTHORIZED SIGNATORY]
[Title], on behalf of Landlord
Date: ________
[OPTIONAL NOTARY BLOCK – Typically not required for service in CT, but may be used for evidentiary purposes.]
10. CERTIFICATE OF SERVICE
(To be completed by State Marshal, Constable, or Indifferent Person)
I, [NAME], being duly sworn, depose and say that on [DATE OF SERVICE] I served the foregoing Notice to Quit (Possession) by:
☐ Delivering a true copy in hand to [TENANT NAME]
☐ Leaving a true copy at the usual place of abode of [TENANT NAME]
☐ Posting a true copy at the main entrance of the Premises located at [ADDRESS] and mailing a true copy by first-class mail to said address
The within and foregoing is true to the best of my knowledge and belief.
Signature of Marshal / Constable / Indifferent Person
Commission #: ___
Subscribed and sworn before me on //20___
Notary Public / Commissioner of the Superior Court
My Commission Expires: ___
[// GUIDANCE:
1. Verify current notice periods; as of this drafting, Conn. Gen. Stat. § 47a-23 generally requires 3 days’ notice, but emergency or local ordinances may impose longer periods.
2. Remove any section (e.g., cure language) that conflicts with client instructions or statutory mandates.
3. Confirm that the method of service strictly complies with § 47a-23(b); improper service is a primary defense in summary process actions.
4. File the marshal’s return of service with the court when commencing the summary process complaint.
]