Legal Question in Real Estate Law in Connecticut

terminating a lease

I Have given my tenants 30 days notice to remove from my property. Their lease has expired and we are now on a month to month bases. I have another tenant scheduled to move in the first of January. If my present tenants do not

move by that date, What type of action can I take?


Asked on 11/20/02, 10:55 am

3 Answers from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: terminating a lease

You must give them a "Notice to Quit" (served by a marshal), with 30 days notice. If they don't get out, then you must serve them with an eviction law suit. In Hartford county I would anticipate it taking you 3 or 4 months to actually get them out if they don't co-operate. The cost would be about $1500 to $2000, plus court costs of $200 or so and, if you had to have the marshal actually physically remove them, another $500 or so.

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Answered on 11/20/02, 11:35 am
Thomas Noonan Attorney Thomas F. Noonan L.L.C.

Re: terminating a lease

In regards to your question regarding the removal of a tenant and assuming that you abided by the lease agreement puting them on a month to month basis, and that your letter to them revoking the lease was proper, your next step would be a NOTICE TO QUIT, which is the first mandatory step in an eviction action. It must be served by a marshall giving them legal notice of the date that they should vacate. This is the first statute required step and is very important that it is worded correctly. If not, any futher action will be dismissed. The next step is the actual action court action to remove them. Please note: that we are approching the holiday season, and it has be the custom not to evict anyone until after January. However, you are in the initial stages, and the case, unless the tenants remove themselve, per the Notice to Quit, may take several months plus extra time may be requested and granted by the court, with conditions. The cost to you may be in the area of the $250.00 plus $50.00+/- for the marshall to serve the NTQ. After that, the costs are usually about $1000.00 plus court costs and service fees, unless the tenant requests a full blown trial, depending what the issues are. Then there is the actual cost of eviction, which include attorney's, marshall's fees and the mover. It is my advice to seek an attorney ASAP, and start the process. Thomas F. Noonan.

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Answered on 11/20/02, 4:10 pm
Robert Nichols Robert J. Nichols, Attorney at Law

Re: terminating a lease

One of the biggest problems for a landlord can be a hold over tenant. Once you have leased a building or apartment, if your tenants do not move at the end of their lease or if they are in default on the lease (for example by not paying rent), the only way you can legally regain the property is through an eviction.

An eviction (or Summery Process) is a court action to remove a tenant. A summery process is brought in the housing court for the area where the property is located. Find your local housing court in the telephone "blue pages" under (State of Connecticut - Judicial Branch). If you own the property in your individual name you can bring an eviction by yourself without an attorney. The housing court clerks have "fill in the blank forms" available for landlords.

If the property is in the name of a corporation or LLC you must use and attorney. Even in situations where you can file the action yourself, most landlords choose to retain an attorney to bring the eviction. This is a legal action and mistakes can cost you delays, inconvenience and money. Expect an eviction to take a minimum of 2 to 3 months and this time can be longer depending on the circumstances.

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Answered on 11/22/02, 10:48 am


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