mardi 25 juillet 2017

Eviction Process: Eviction

My question involves landlord-tenant law in the State of: Connecticut



Hello all. I am currently in the eviction process here in Connecticut. I am the Landlord, evicting a tenant for non-payment of rent. The tenants have not paid rent for 2 months now. (august will be three)

So, I have navigated the process all the way through to what I thought was the end.
So far, I have:

Served the notice to quit, which lapsed time without them moving.
Then, I file the proper paperwork with the court to start the eviction, and paid the necessary fees.
Every step of the way, everything was served properly, and filed properly.
The tenant did not respond by the answer date.
The tenant failed to both appear and file an answer, so I filed for motion for judgement due to failure of both.
I filed a proper military affidavit.

The motion was granted, and I won the case by default.
I won execution.
The execution was granted a 5-day automatic stay.
Today was day 5.

I just got off the phone with the court. Suddenly, at 4:50 pm on day 5, the tenant filed an application for stay of execution.
Which, of course, automatically holds any execution.

Now, here's where it gets tricky. The Ct general statutes state that it is the tenant's right to file an application for stay of execution, under the conditions that:

A: They deposit with the clerk the full amount of any arrearage (back rent and/or use and occupancy payments) owed.

B. File the application for the stay with the clerk.

Further, the general statutes also state that :

The application cannot be taken for the reason as to give delay, or if the defendant fails to give the required bond

(Connecticut general statutes Chapter 832 sec 47a-35 through sec 47a-39)

However, in this case, the tenant simply checked a box stating "no arrears owed" and did NOT deposit any bond with the clerk. They did NOT pay the amount of arrearage. The did nothing of the sort. Simply checked the box, filed, the clerk accepted it, and now they have a hearing WEEKS from now. The entire time which I cannot execute. And they get to continue to live for free.


Is there nothing I can do? The clerk verified nothing was paid as required. The clerk stated they claim they owe nothing, so don't have to pay. And somehow that was acceptable.

The clerk said that I MIGHT be able to request an accelerated hearing, but could not tell me how or guide me.
They also stated I MIGHT be able to file something stating that they lied on court documents, but again, could not tell me how.
They ALSO said I might be able to have the application for stay reversed, as they did not pay the bond, but again, of course, could not tell me how.
They also said I MAY have other remedies, but of course, could not tell me what.

So I turn to you guys for help.

I am not an attorney, but have a rudimentary understanding of this. What I'm trying to say is I'm not dumb. But I don't know where to look, or what to file, to fix this.

Of course, if there's nothing I can do, and I absolutely HAVE to wait until that far off hearing date, I will.
But at that point, how do I defend this? And how do I make sure that they get properly penalized for falsifying documents with the court? And for specifically going AGAINST statutes? (filing for sole reason to extend time, and lying so they don't have to pay the bond)

So, can anyone help me with my next move? Can I get this thrown out, denied, or somehow hold them accountable for falsifying paperwork? SOMETHING? Or am I just stuck and have to wait? And if so, what then?


Eviction Process: Eviction

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