Legal Grounds for Eviction and Tenant Defenses in Connecticut

Facing the possibility of eviction in Connecticut can feel overwhelming, but it's important to know that both landlords and tenants have rights protected by state law. Understanding the valid reasons your landlord may pursue eviction—and what defenses you might have—can empower you to make informed decisions and respond confidently.

Eviction Process in Connecticut: When Can a Landlord Evict?

Under Connecticut law, landlords must have a legally valid reason to evict a tenant. The rules governing residential evictions are outlined in Connecticut General Statutes Chapter 832 - Summary Process^[1]. The court that oversees eviction matters is the Connecticut Superior Court: Housing Session.

• Nonpayment of Rent: If you fail to pay rent on time, your landlord may begin eviction proceedings after proper notice.
• Breach of Lease: Violating lease terms (such as keeping unauthorized pets, subletting, or causing property damage) can be grounds for eviction.
• Serious Nuisance or Illegal Activity: Engaging in illegal conduct or activities that endanger others or substantially interfere with other tenants justifies immediate action.
• Expiration of Lease (No Lease or Holdover): If you stay after your lease ends or after proper notice to quit, the landlord may seek eviction.

Each reason for eviction requires the landlord to follow specific rules and timelines, starting with formal notice.

Required Forms: Notices and Court Documents

Every eviction in Connecticut starts with a written notice, served to you by the landlord or a marshal. Understanding these documents is essential:

• Notice to Quit (Form JD-HM-7): This is the official document served to end your tenancy, specifying why and when you must vacate.
  Example: If you miss a rent payment, you might receive a Notice to Quit giving you at least 3 days before an eviction case can start. Connecticut Notice to Quit (Official PDF)
• Summary Process (Eviction) Complaint (Form JD-HM-8): If you do not move out after the Notice to Quit, your landlord will file this form in court to begin the eviction process.
  Example: If you remain in the apartment after the notice period ends, you may receive this court summons. Summary Process (Eviction) Complaint (Official PDF)
• Appearance (Form JD-CL-12): Once served with court papers, you must complete and file an Appearance form to participate in the court case.
  Example: To tell the court you want to defend yourself, return the Appearance form by the deadline. Appearance Form (Official PDF)
• Answer to Complaint (Form JD-HM-5): This form lets you respond to each point in your landlord's complaint and present your defenses.
  Example: Use this if you believe the landlord did not make repairs or retaliated against you. Answer to Complaint (Official PDF)

Be sure to read every form thoroughly and follow the instructions. Most documents must be returned to the court in person or by mail within specific deadlines.

Common Tenant Defenses Against Eviction

Even if you’re facing eviction, Connecticut law provides powerful defenses that may stop or delay removal. Consider whether any of these situations apply to you:

• Improper Notice: The landlord did not use the correct form or did not give enough time before pursuing court action.
• Retaliation: If eviction is being sought because you complained about unsafe conditions, requested repairs, or exercised other legal rights.
• Landlord Did Not Make Repairs: Withholding rent or lease violations may be excused if the landlord seriously failed to maintain the property.
• Discrimination: Evictions based on race, religion, disability, or other protected characteristics are illegal under state and federal law.

How to Raise Your Defense

To assert a legal defense, you should:

• Complete and return the Appearance and Answer forms by the court's deadline.
• Gather any documents, correspondence, photos, or witnesses that support your case.
• Attend the court hearing as scheduled to explain your side to a judge.

Connecticut Housing Tribunal and Where to Get Help

All residential eviction actions in the state are handled by the Connecticut Superior Court: Housing Session. If your area does not have a Housing Session, your local Superior Court handles the case as part of its regular docket.

FAQ: Renters’ Questions About Eviction in Connecticut

1. Can my landlord evict me without going to court?
   No. Connecticut law requires all evictions to go through the court process and the landlord must obtain a court order before you are required to leave.
2. What if I pay my overdue rent after receiving a Notice to Quit?
   Depending on the situation, paying overdue rent may stop the eviction process for nonpayment. However, if the landlord rejects payment or files for other reasons, the case may continue.
3. How do I file my answer to an eviction case?
   Fill out the Answer to Complaint form (JD-HM-5) and file it with the court by the response deadline on your court paperwork.
4. Can I be evicted for complaining about maintenance?
   No. Connecticut law protects tenants from eviction if the reason is retaliation for making lawful complaints about housing conditions.
5. What happens if I do not attend my eviction hearing?
   If you do not show up, the court can grant a default judgment, which allows the landlord to proceed with your eviction.

Conclusion: What Connecticut Renters Should Remember

• Evictions in Connecticut must follow due process, and landlords need a valid legal reason.
• Notices and official forms are required at each step—carefully review and respond to all documents by their deadlines.
• You have the right to present defenses in court, especially for improper notice, retaliation, or discrimination.

Stay aware of your rights and don't hesitate to seek legal help if you need it.

Need Help? Resources for Renters

• Connecticut Superior Court: Housing Session - Eviction Process
• Connecticut Housing Session Locations and Contacts
• Legal Assistance - Connecticut (free or low-cost legal aid for eligible renters)
• Connecticut Department of Housing (tenant rights and complaints)

---

1. Connecticut General Statutes Chapter 832, Summary Process (Eviction Statutes)
2. Connecticut Judicial Branch, Landlord/Tenant & Eviction Resources
3. Connecticut Judicial Branch, Notice to Quit Form JD-HM-7
4. Connecticut Judicial Branch, Summary Process (Eviction) Complaint Form JD-HM-8
5. Connecticut Judicial Branch, Answer to Complaint Form JD-HM-5
6. Connecticut Judicial Branch, Appearance Form JD-CL-12
7. Connecticut Department of Housing, DOH - Tenant Rights

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations