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Form a Business

Entry and Detainer

Conn. Gen. Stat. tit. 47a, ch. 833
in effect

Conn. Gen. Stat. § 47a-43 (Formerly Sec. 52-462). Complaint and procedure: Forcible entry and detainer; entry and detainer.

47a-43. (Formerly Sec. 52-462). Complaint and procedure: Forcible entry and detainer; entry and detainer. (a) When any person (1) makes forcible entry into any land, tenement or dwelling unit and with a strong hand detains the same, or (2) having made a peaceable entry, without the consent of the actual possessor, holds and detains the same with force and strong hand, or (3) enters into any land, tenement or dwelling unit and causes damage to the premises or damage to or removal of or detention of the personal property of the possessor, or (4) when the party put out of possession would be required to cause damage to the premises or commit a breach of the peace in order to regain possession, the party thus ejected, held out of possession, or suffering damage may exhibit his complaint to any judge of the Superior Court. (b) Such judge shall forthwith issue a summons to the party complained of, directed to some proper officer, to notify him to appear at a specified time and place, within eight days from the exhibition of such complaint, in the superior court for the judicial district wherein the injury complained of was done, to answer to the matters contained in the complaint. (c) Such summons shall be served upon the party complained of six days inclusive before the day appointed for trial. (d) If, after service of such summons, the party complained of does not appear and defend, the judge shall proceed in the same manner as if he were present. (1949 Rev., S. 8198; P.A. 76-95, S. 21, 27; 76-435, S. 75, 82; 76-436, S. 409, 681; P.A. 78-280, S. 1, 127; P.A. 79-571, S. 38; P.A. 80-483, S. 126, 186.) History: P.A. 76-95 applied provisions to cases of persons damaging premises or damaging or detaining personal property or cases where person out of possession would have to damage premises or commit breach of peace to regain possession; P.A. 76-435 revised effective date section of P.A. 76-95; P.A. 76-436 removed provisions which had allowed complaints to judges of common pleas court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; Sec. 52-462 transferred to Sec. 47a-43 in 1979; P.A. 79-571 divided section into Subsecs., added references to dwelling units and rephrased provisions; P.A. 80-483 made technical corrections.

Conn. Gen. Stat. § 47a-44 (Formerly Sec. 52-463). Judge to try issue unless jury moved for and bond posted.

47a-44. (Formerly Sec. 52-463). Judge to try issue unless jury moved for and bond posted. The issue joined on a complaint brought under section 47a-43 shall be tried by the judge, unless one of the parties, before the issue is joined, moves for a jury and gives bond with sufficient surety to the adverse party to answer all damages in case he fails to make his plea good. (1949 Rev., S. 8199; 1953, S. 3210d; 1971, P.A. 40, S. 9; P.A. 77-451, S. 4; P.A. 79-571, S. 39.) History: 1971 act amended section to remove prior option for twelve jurors upon specific request; P.A. 77-451 included findings that damage was caused to premises or personal property or that personal property was detained or that party out of possession would have to cause damage to premises or commit a breach of peace to regain possession; Sec. 52-463 transferred to Sec. 47a-44 in 1979 and reference to Sec. 52-462 revised to reflect its transfer; P.A. 79-571 removed all previous provisions other than provision for trial of complaint by judge, reincorporating deleted provisions in Secs. 47a-45 and 47a-45a.

Conn. Gen. Stat. § 47a-45 (Formerly Sec. 52-464). Summoning of jury.

47a-45. (Formerly Sec. 52-464). Summoning of jury. If motion is made for a jury, the names of the jurors to compose a six person panel to try such cause shall be drawn, by the clerk of the court in which the case is to be tried, from the jury box in the same manner as is provided by law in civil cases. A sufficient number shall be drawn to allow for three peremptory challenges on each side and three peremptory challenges shall be allowed to each side. The judge shall excuse any juror whom he finds disqualified to sit on such case. The jury shall be impaneled and sworn to inquire into the complaint brought under section 47a-43. (1949 Rev., S. 8200; 1953, S. 3211d; 1971, P.A. 40, S. 10; P.A. 79-571, S. 40; P.A. 97-200, S. 2.) History: 1971 act deleted provisions which had allowed four peremptory challenges for twelve-member juries, the option for full juries having been abolished; Sec. 52-464 transferred to Sec. 47a-45 in 1979 and reference to Sec. 52-422 revised to reflect its transfer; P.A. 79-571 restated provisions and added provisions formerly found in Sec. 47a-44 re jury size and re impaneling and swearing of jurors; P.A. 97-200 deleted provision which prohibited drawing jurors from town in which premises wherein alleged injury took place are situated.

Conn. Gen. Stat. § 47a-45a Finding. Judgment. Costs. Title to land not affected.

47a-45a. Finding. Judgment. Costs. Title to land not affected. (a) If it is found (1) that a forcible entry has been made into the land, tenement or dwelling unit, or (2) that the same are detained with force and strong hand, or (3) that damage has been caused to the premises or damage to or removal of or detention of the personal property of the possessor, or (4) that the party put out of possession would be required to cause damage to the premises or commit a breach of the peace in order to regain possession, as complained of, the judge shall render judgment that the complainant be restored to, and reseized of, the premises or that the personal property removed or detained be returned to the complainant, and shall award a writ of restitution accordingly. The complainant shall recover costs from the person complained of. Execution shall be granted against the person complained of. (b) If the person complained of is found not guilty, costs shall be taxed against the complainant and execution shall be granted against the complainant. (c) The judgment rendered in such proceeding shall not affect or be evidence of the title to such land, tenement or dwelling unit. (P.A. 79-571, S. 41; P.A. 80-483, S. 127, 186; P.A. 84-266, S. 1, 4.) History: P.A. 80-483 made technical changes; P.A. 84-266 amended Subsec. (a) to authorize the judge to render judgment that the personal property removed or detained be returned to the complainant.

Conn. Gen. Stat. § 47a-46 (Formerly Sec. 52-465). When double damages allowable.

47a-46. (Formerly Sec. 52-465). When double damages allowable. The party aggrieved may recover in a civil action double damages and his costs against the defendant, if it is found on the trial of a complaint brought under section 47a-43 that he entered into the land, tenement or dwelling unit by force or after entry held the same by force or otherwise injured the party aggrieved in the manner described in section 47a-43. (1949 Rev., S. 8201; P.A. 76-95, S. 22, 27; 76-435, S. 75, 82; P.A. 79-571, S. 42; P.A. 80-483, S. 128, 186.) History: P.A. 76-95 allowed recovery of double rather than treble damages and authorized recovery of damages in cases where defendant “otherwise injured the party aggrieved in the manner described in section 52-462”; P.A. 76-435 revised effective date section of P.A. 76-95; Sec. 52-465 transferred to Sec. 47a-46 in 1979 and reference to Sec. 52-462 revised to reflect its transfer; P.A. 79-571 added reference to dwelling units and changed wording slightly; P.A. 80-483 made technical changes.
Source: Connecticut General Assembly (cga.ct.gov)URL: https://www.cga.ct.gov/current/pub/chap_833.htmFetched: 10/20/2026

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