Connecticut 2019 Regular Session

Connecticut House Bill HB07289 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 5142 1 of 2
4	4
5	5	General Assembly Raised Bill No. 7289
6	6	January Session, 2019
7	7	LCO No. 5142
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING TH E ENTRY OF A MONEY JUDGMENT IN A
20	20	SUMMARY PROCESS ACTI ON.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 47a-26d of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2019): 2
26	26	(a) If, on the trial of a summary process complaint, it is found that 3
27	27	the defendant is the lessee of the complainant and holds over after the 4
28	28	termination of the lease or rental agreement or, if there was no lease or 5
29	29	rental agreement, that the defendant is the occupant of such premises 6
30	30	and has no right or privilege to occupy the same and that notice to quit 7
31	31	has been given as provided in this chapter, yet that the defendant 8
32	32	holds possession or occupancy after the expiration of the time specified 9
33	33	in such notice to quit, and the defendant does not show a title in 10
34	34	himself or herself which accrued after the giving of the lease or rental 11
35	35	agreement, if any, or if the defendant does not show a title in himself 12
36	36	or herself existing at the time the notice to quit possession or 13
37	37	occupancy was served upon him or her, the court shall forthwith enter 14
38	38	judgment that the complainant recover possession or occupancy of the 15
39	39	LCO No. 5142 2 of 2
40	40
41	41	premises with his or her costs, and execution shall issue accordingly 16
42	42	subject to the provisions of sections 47a-35 to 47a-41, inclusive. 17
43	43	(b) In addition to entering judgment that a complainant recover 18
44	44	possession or occupancy of the premises with his or her costs pursuant 19
45	45	to subsection (a) of this section, the court may award the complainant, 20
46	46	who has complied with the notice requirements prescribed in 21
47	47	subsection (c) of this section, a money judgment that includes: (1) All 22
48	48	moneys that the court has found to be due and owing from the 23
49	49	defendant to the complainant, (2) in any case involving a defendant, 24
50	50	who (A) is the lessee of the complainant, (B) holds over after the 25
51	51	termination of the lease or rental agreement, and (C) causes damage to 26
52	52	the premises during the time he or she is holding over, all moneys that 27
53	53	the court as found to be due and owing from the defendant to the 28
54	54	complainant as a result of the damage caused by the defendant, and (3) 29
55	55	reasonable attorney's fees. 30
56	56	(c) No money judgment may be entered against a defendant 31
57	57	pursuant to this subsection, unless prior to the entry of such judgment, 32
58	58	the complainant provides satisfactory proof to the court that he or she 33
59	59	has personally served the defendant with a copy of the money 34
60	60	judgment sought, or has provided the defendant with a copy of the 35
61	61	money judgment sought by certified mail, return receipt requested. 36
62	62	This act shall take effect as follows and shall amend the following
63	63	sections:
64	64
65	65	Section 1 October 1, 2019 47a-26d
66	66
67	67	Statement of Purpose:
68	68	To permit the entry of a money judgment in favor of a prevailing party
69	69	in a summary process action.
70	70	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
71	71	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
72	72	not underlined.]
73	73