LCO 1 of 5
General Assembly Substitute Bill No. 6338
January Session, 2025
AN ACT PERMITTING REMOVAL OF AN UNAUTHORIZED
INDIVIDUAL FROM REAL PROPERTY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section: 1
(1) "Dwelling unit", "owner", "rental agreement" and "tenant" have 2
the same meanings as provided in section 47a-1 of the general statutes; 3
and 4
(2) "Unauthorized person" means any individual who is unlawfully 5
occupying real property and who is not (A) a current or former tenant 6
of the owner of the real property, or (B) immediate family, as defined in 7
section 1-91 of the general statutes, of the owner of the real property. 8
(b) Any owner of real property, or such owner's authorized agent, 9
may request from a state marshal the immediate removal of any 10
unauthorized person pursuant to this section if: 11
(1) The person requesting such removal is the owner of the real 12
property that is being occupied by such unauthorized person or is such 13
owner's authorized agent; 14
(2) Such unauthorized person has unlawfully entered and remains or 15
continues to reside on such owner's real property; 16 Substitute Bill No. 6338
LCO 2 of 5
(3) Such owner or such owner's authorized agent has directed such 17
unauthorized person to leave such owner's real property; 18
(4) Such unauthorized person cannot produce documentation, 19
correspondence or identification cards issued by any governmental 20
agency identifying that such unauthorized person resided on such real 21
property during the immediately preceding twelve months; 22
(5) Such unauthorized person cannot produce a rental agreement 23
signed by such owner of real property or such owner's authorized agent; 24
and 25
(6) There is no pending litigation related to such real property 26
between such owner of real property and such unauthorized person 27
occupying such real property. 28
(c) To request the immediate removal of any unauthorized person, 29
the owner of the real property, or such owner's authorized agent, shall 30
submit a completed Affidavit Concerning the Removal of Persons 31
Unlawfully Occupying A Dwelling Unit to a state marshal. The 32
submitted affidavit shall be in substantially the following form: 33
AFFIDAVIT CONCERNING THE REMOVAL OF PERSONS 34
UNLAWFULLY OCCUPYING A DWELLING UNIT 35
I, the owner or authorized agent of the owner of the real property 36
located at ... ..., declare under the penalty of perjury that (initial each 37
box): 38
1. ... ... I am the owner of the real property or the authorized agent of 39
the owner of the real property. 40
2. ... ... I purchased the property on ... .... 41
3. ... ... An unauthorized person or persons have unlawfully entered 42
and are remaining or residing unlawfully on the real property. 43
4. ... ... I have directed the unauthorized person or persons to leave 44 Substitute Bill No. 6338
LCO 3 of 5
the real property, but they have not done so. 45
5. ... ... The person or persons are not current or former tenants 46
pursuant to any valid rental agreement authorized by the property 47
owner, and any rental agreement that may be produced by an occupant 48
is fraudulent. 49
6. ... ... The unauthorized person or persons sought to be removed are 50
not an owner or a co-owner of the property and have not been listed on 51
the title to the property unless the person or persons have engaged in 52
slander of the title. 53
7. ... ... The unauthorized person or persons are not immediate family 54
members of the property owner. 55
8. ... ... There is no litigation related to the real property pending 56
between the property owner and any person sought to be removed from 57
the real property. 58
9. ... ... I understand that a person or persons removed from the 59
property pursuant to this procedure may bring a cause of action against 60
me for any false statements made in this affidavit, and that as a result of 61
such action I may be held liable for actual damages, penalties, costs and 62
reasonable attorney's fees. 63
10. ... ... I am requesting the state marshal to immediately remove the 64
unauthorized person or persons from the property. 65
11. ... ... A copy of my valid government-issued identification is 66
attached, or I am an agent of the property owner, and documents 67
evidencing my authority to act on the property owner's behalf are 68
attached. 69
I HAVE READ EVERY STATEMENT MADE IN THIS AFFIDAVIT 70
AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND 71
THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE MADE 72
UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN 73
SECTION 53A-156 OF THE GENERAL STATUTES. 74 Substitute Bill No. 6338
LCO 4 of 5
Signed this .... day of ...., 20.... 75
Witnessed by .... 76
.... 77
(Acknowledgment) 78
(d) Upon receipt of an affidavit pursuant to subsection (c) of this 79
section, the state marshal shall verify that the person submitting such 80
affidavit is the record owner of the real property or the authorized agent 81
of such record owner and appears otherwise entitled to relief under this 82
section. If verified, the state marshal shall, without delay, serve a notice 83
to immediately vacate on any unauthorized person occupying such real 84
property and shall put such record owner of such real property in 85
possession of such real property. Service may be accomplished by hand 86
delivery of the notice to an occupant of the real property or by posting 87
such notice on the front door or entrance of such real property. Such 88
state marshal shall attempt to verify the identity of each person 89
occupying the dwelling and note such identity on the return of service. 90
(e) Any person may bring a civil cause of action against the owner of 91
the real property or such owner's authorized agent for wrongful 92
removal under this section. A person harmed by a wrongful removal 93
under this section may be restored to possession of the real property and 94
may recover actual costs and damages incurred, statutory damages 95
equal to triple the fair market rent of the dwelling, court costs and 96
reasonable attorney's fees. 97
(f) Any owner or such owner's authorized agent who makes a false 98
statement in an affidavit submitted to a state marshal pursuant to the 99
provisions of subsection (c) of this section shall be subject to the 100
penalties for false statement under section 53a-157b of the general 101
statutes. 102
(g) Any unauthorized person who is served a notice to immediately 103
vacate the owner's real property pursuant to the provisions of 104 Substitute Bill No. 6338
LCO 5 of 5
subsection (d) of this section shall be subject to the penalties for criminal 105
trespass in the second degree under section 53a-108 of the general 106
statutes. 107
(h) This section does not limit the rights of any owner of real property, 108
or limit the authority of any law enforcement officer to arrest any 109
unlawful occupant for trespassing, vandalism, theft or other crimes. 110
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 New section
Statement of Legislative Commissioners:
In Subsecs. (b) and (c), "lease" was changed to "rental agreement" for
consistency with the defined term.
HSG Joint Favorable Subst. -LCO