Sec. 47a-42a. Eviction of tenant and occupants from commercial property. Disposition of unclaimed possessions and personal effects.
Sec. 47a-42a. Eviction of tenant and occupants from commercial property.
Disposition of unclaimed possessions and personal effects. (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.