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 Section 47a-26d of the general statutes is repealed and the 1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