Residential Eviction Attorney in CT
Step 1:
When considering an eviction of a residential dwelling in Connecticut the landlord can make the eviction process much smoother with some planning and preparation. The landlord before retaining an experienced Connecticut Eviction Attorney like the Law Offices of Geoffrey T. Einhorn LLC should prepare their paperwork and document the current situation with the tenant(s) in letters sent via U.S. Mail. Email should only be used to quickly deliver a copy of the mailed letter and it is advisable to avoid text messages with the tenant. Always keep a copy of any signed letters (and emails) sent to or from the tenant as these may be used as business records and presented as evidence at an eviction trial. Experienced eviction attorneys in Connecticut know “nonpayment of rent” is the easiest stated reason for a successful residential or commercial eviction. The landlord before forwarding an eviction to a CT Eviction Attorney, should document all payments in a spreadsheet or payment log including missed or late payments. All payments should be applied first to the oldest missed rental payment, so that the current month has the delinquency and therefore an eviction can occur for nonpayment of rent immediately. Attorney Einhorn and other CT Eviction Lawyers will likely recommend against waiting for more than 1-2 months in missed payments before beginning an eviction. The landlord prior to forwarding the claim to Eviction Counsel in CT should demand payment from the tenant, stating the amounts owing and the period it is owed for. Tenants can also be evicted for other reasons such as “Lapse of Time” of the lease agreement and “No Right or Privilege to Occupy”, meaning they were never legal tenants.
Step 2:After determining the reason for the service of a notice to quit and notifying the tenants of the issues, the landlord should retain a CT Eviction Lawyer or Firm who will draft the notice to quit possession. The notice to quit must be properly drafted or the whole eviction may need to be restarted from the beginning and for this reason it is recommended only experienced Connecticut Eviction Attorneys should draft these notices. After the notice to quit is drafted, it is sent to a State Marshal for service and the tenant(s) are given at least 5 business days to vacate the premises after service is made. Should they fail to vacate a Writ, Summons and Complaint are drafted by Attorney Einhorn as your Eviction Attorney and served by State Marshal on the tenants(s). Typically 7-10 days after the “Return Date” the tenants must have both filed with the Housing Court an appearance and an answer to the complaint, or face default and judgment for possession. When the tenants file an appearance and an answer, they usually also file special defenses, which are reasons for the nonpayment or violation that has occurred and led to the eviction. If no default is obtained by the landlord, the court after all the necessary pleadings have been filed, will schedule a trial date.
Step 3:Preparation for the hearing is necessary between you the landlord and your CT Eviction Attorney. Exhibits should be reviewed as well as testimony prepared in anticipation of a trial. Once at court on the day of trial, you will most likely have to meet with a court mediator, who will try and settle the dispute with a written or oral stipulation to the court. Please remember eviction proceedings are not collection actions and generally unless you agree to the tenant remaining and making arrearage payments with use and occupancy payments (what rent is called after a notice to quit) you will not receive a payment order in this court process. A separate suit after the eviction action is necessary for the collection of damages, rents, and legal fees and costs. Should an agreement not be agreed upon, a trial will occur that day and take approximately 30-60 minutes before the Housing Court Judge.
Step 4:If judgment for possession is awarded after trial or by default, the court will issue on request an Execution approximately 5 days after the trial to be served upon the tenants by a State of Connecticut Marshal. The Marshal will coordinate with a moving and storage company the move out date and time, and may charge you directly for these expenses. No matter the nature of your dispute or whether you are a landlord or a tenant who believes that they have been wronged by the opposite party, The Law Offices of Geoffrey T. Einhorn LLC can act as your CT Eviction Attorney and provide counsel to help you understand your legal options with residential and commercial evictions.
For more information about our service areas or to schedule a free consultation or appointment, please call today 203-269-1665.
Nothing provided in this website should be considered legal advice or legal opinion. Moreover, the website is neither intended to establish nor provided to create an attorney-client relationship.