(a) Whenever a judgment is entered against a defendant pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d for the possession or occupancy of nonresidential property, such defendant and any other occupant bound by the judgment by subsection (a) of section 47a-26h shall forthwith remove himself or herself, such defendant's or occupant's possessions and all personal effects unless execution has been stayed pursuant to sections 47a-35 to 47a-41, inclusive. If execution has been stayed, such defendant or occupant shall forthwith remove himself or herself, such defendant's or occupant's possessions and all personal effects upon the expiration of any stay of execution. If the defendant or occupant has not so removed himself or herself upon entry of a judgment pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d, and upon expiration of any stay of execution, the plaintiff may obtain an execution upon such summary process judgment, and the defendant or other occupant bound by the judgment by subsection (a) of section 47a-26h and the possessions and personal effects of such defendant or other occupant may be removed as provided in this section.
(b) The state marshal charged with executing upon any such summary process judgment shall, at least twenty-four hours prior to the date and time of the eviction, use reasonable efforts to locate and notify the defendant or occupant of the date and time such eviction is to take place. Such notice shall include service upon each defendant and upon any other person in occupancy, either personally or at the premises, of a true copy of the summary process execution. Such execution shall be on a form prescribed by the Judicial Department, shall be in clear and simple language and in readable format, and shall contain, in addition to other notices given to the defendant or occupant in the execution, a conspicuous notice, in large boldface type, that a person who claims to have a right to continue to occupy the premises should immediately contact an attorney. Such execution shall contain a notice advising the defendant or occupant that if he or she does not remove such defendant's or occupant's possessions and personal effects from the premises by the date and time set for the eviction and thereafter fails to claim such possessions and personal effects from the landlord and pay any removal and storage costs within fifteen days after the date of such eviction, such possessions and personal effects will be forfeited to the landlord.
(c) The state marshal who served the execution upon the defendant or occupant as provided in subsection (b) of this section shall return to the premises at the date and time such eviction is to take place. If the defendant or occupant has not removed himself or herself from the premises, the state marshal shall remove such defendant or occupant. If the defendant or occupant has not removed such defendant's or occupant's possessions and personal effects from the premises, the plaintiff, in the presence of the state marshal, shall prepare an inventory of such possessions and personal effects and provide a copy of such inventory to the state marshal. The plaintiff shall remove and store such possessions or personal effects or shall store the same in the premises. Such removal and storage or storage in the premises shall be at the expense of the defendant. If such possessions and effects are not called for by the defendant or occupant and the expense of such removal and storage or storage in the premises is not paid to the plaintiff within fifteen days after such eviction, the defendant or occupant shall forfeit such possessions and personal effects to the plaintiff and the plaintiff may dispose of them as the plaintiff deems appropriate.
(P.A. 97-231, S. 8; P.A. 00-99, S. 97, 154; P.A. 01-195, S. 45, 181.)
History: P.A. 00-99 replaced references to sheriff and deputy sheriff with state marshal in Subsecs. (b) and (c), effective December 1, 2000; P.A. 01-195 made technical changes for purposes of gender neutrality throughout, effective July 11, 2001.
Structure Connecticut General Statutes
Title 47a - Landlord and Tenant
Section 47a-23c. - Prohibition on eviction of certain tenants except for good cause.
Section 47a-23d. - Report to General Assembly.
Section 47a-24. (Formerly Sec. 52-532a). - Action by cooperative housing corporation.
Section 47a-24a. - Action by receiver of rents.
Section 47a-25. (Formerly Sec. 52-533). - Waiver of notice to quit.
Section 47a-26. (Formerly Sec. 52-534). - Failure to appear. Judgment.
Section 47a-26a. - Failure to plead. Judgment.
Section 47a-26b. - Motion and order for payments for use and occupancy.
Section 47a-26c. - Advancement of pleadings. Failure to plead.
Section 47a-26d. - Trial. Finding. Judgment.
Section 47a-26e. - Order of payments on appeal.
Section 47a-26f. - Hearing to distribute payments.
Section 47a-26h. - Persons bound by judgment. Notice. Exemption.
Section 47a-26i. - Motion to open or set aside judgment or to extend final stay of execution.
Section 47a-27. (Formerly Sec. 52-535). - Summary process by assignee and mortgagee.
Section 47a-28. (Formerly Sec. 52-536). - Action by selectmen.
Section 47a-29. (Formerly Sec. 52-537). - Action by reversion or remainderman.
Section 47a-31. (Formerly Sec. 52-539). - Illegal use of premises voids lease.
Section 47a-32. (Formerly Sec. 52-540). - Nuisance defined.
Section 47a-33. (Formerly Sec. 52-540a). - Defense that action is retaliatory.
Section 47a-33a. - Presentation of affirmative defenses.
Section 47a-34. (Formerly Sec. 52-541). - Other legal remedies not affected.
Section 47a-35. (Formerly Sec. 52-542). - Stay of execution. Appeal.
Section 47a-35a. - Bond on appeal. Rent to be paid into court.
Section 47a-35b. - Distribution of payments after appeal.
Section 47a-37. (Formerly Sec. 52-544). - Application for stay of execution.
Section 47a-38. (Formerly Sec. 52-545). - Hearing on application for stay of execution.
Section 47a-39. (Formerly Sec. 52-546). - Court may grant stay of execution.
Section 47a-41. (Formerly Sec. 52-548). - Waiver of tenant's rights to be void.