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  1. #1

    Default What to Do if a Tenant Files for Stay of Execution of an Eviction Order

    My question involves landlord-tenant law in the State of: Connecticut

    Hello all. I am currently in the eviction process here in Connecticut. I am the Landlord, evicting a tenant for non-payment of rent. The tenants have not paid rent for 2 months now. (august will be three)

    So, I have navigated the process all the way through to what I thought was the end.
    So far, I have:

    Served the notice to quit, which lapsed time without them moving.
    Then, I file the proper paperwork with the court to start the eviction, and paid the necessary fees.
    Every step of the way, everything was served properly, and filed properly.
    The tenant did not respond by the answer date.
    The tenant failed to both appear and file an answer, so I filed for motion for judgement due to failure of both.
    I filed a proper military affidavit.

    The motion was granted, and I won the case by default.
    I won execution.
    The execution was granted a 5-day automatic stay.
    Today was day 5.

    I just got off the phone with the court. Suddenly, at 4:50 pm on day 5, the tenant filed an application for stay of execution.
    Which, of course, automatically holds any execution.

    Now, here's where it gets tricky. The Ct general statutes state that it is the tenant's right to file an application for stay of execution, under the conditions that:

    A: They deposit with the clerk the full amount of any arrearage (back rent and/or use and occupancy payments) owed.

    B. File the application for the stay with the clerk.

    Further, the general statutes also state that :

    The application cannot be taken for the reason as to give delay, or if the defendant fails to give the required bond

    (Connecticut general statutes Chapter 832 sec 47a-35 through sec 47a-39)

    However, in this case, the tenant simply checked a box stating "no arrears owed" and did NOT deposit any bond with the clerk. They did NOT pay the amount of arrearage. The did nothing of the sort. Simply checked the box, filed, the clerk accepted it, and now they have a hearing WEEKS from now. The entire time which I cannot execute. And they get to continue to live for free.


    Is there nothing I can do? The clerk verified nothing was paid as required. The clerk stated they claim they owe nothing, so don't have to pay. And somehow that was acceptable.

    The clerk said that I MIGHT be able to request an accelerated hearing, but could not tell me how or guide me.
    They also stated I MIGHT be able to file something stating that they lied on court documents, but again, could not tell me how.
    They ALSO said I might be able to have the application for stay reversed, as they did not pay the bond, but again, of course, could not tell me how.
    They also said I MAY have other remedies, but of course, could not tell me what.

    So I turn to you guys for help.

    I am not an attorney, but have a rudimentary understanding of this. What I'm trying to say is I'm not dumb. But I don't know where to look, or what to file, to fix this.

    Of course, if there's nothing I can do, and I absolutely HAVE to wait until that far off hearing date, I will.
    But at that point, how do I defend this? And how do I make sure that they get properly penalized for falsifying documents with the court? And for specifically going AGAINST statutes? (filing for sole reason to extend time, and lying so they don't have to pay the bond)

    So, can anyone help me with my next move? Can I get this thrown out, denied, or somehow hold them accountable for falsifying paperwork? SOMETHING? Or am I just stuck and have to wait? And if so, what then?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: What to Do if a Tenant Files for Stay of Execution of an Eviction Order

    Seems to me that you are dealing with professional deadbeat tenants that know how to game the system.

    In spite of doing everything right so far, you've just hit a snag that puts you in way over your head.

    Worse, I looked for resources online to see if there were instructions that could help you but all the resources were geared to helping tenants fight evictions.

    Looks like CT is the wrong state to own a rental.

    Is there nothing I can do? The clerk verified nothing was paid as required. The clerk stated they claim they owe nothing, so don't have to pay. And somehow that was acceptable.

    The clerk said that I MIGHT be able to request an accelerated hearing, but could not tell me how or guide me.
    They also stated I MIGHT be able to file something stating that they lied on court documents, but again, could not tell me how.
    They ALSO said I might be able to have the application for stay reversed, as they did not pay the bond, but again, of course, could not tell me how.
    They also said I MAY have other remedies, but of course, could not tell me what.
    All of the above is true and all of the above can be included in a proper written response.

    Unfortunately, I have googled "Connecticut eviction response to application for stay" and found no samples.

    Three possible options that I can see:

    1 - Find a law library and see if there are books of sample pleadings and filings that might have something.

    2 - Visit your court's records department and look up eviction cases at random, read the files and see if other landlords have been faced with an application for stay and use their responses as samples to create one of your own.

    3 - Hire a lawyer.

    This is only going to get worse.

    If you ever get out from under this deadbeat tenant, consider selling the place and getting out of the landlord business. I had 20 years of it and cheerfully gave it up after losing thousands to low lifes.

  3. #3

    Default Re: What to Do if a Tenant Files for Stay of Execution of an Eviction Order

    Quote Quoting adjusterjack
    View Post

    This is only going to get worse.

    If you ever get out from under this deadbeat tenant, consider selling the place and getting out of the landlord business. I had 20 years of it and cheerfully gave it up after losing thousands to low lifes.
    I agree, and that's what I figured. I could find NOTHING on this. And I looked pretty hard.
    Unfortunately, the way the state's laws are structured, my clocks are all reset now. Go to the hearing, even if I happen to win the hearing, they get another automatic stay. And another appeal.

    All the while, I collect NOTHING.

    Don't get me wrong, the laws stipulate in many places about bonds for stay, binds for appeal, use and occupancy payment, etc....but they are wholly ineffective if all a defendant has to so is check a box and say "Nope, I don't owe them" and the requirement of the bonds/payments is waived.

    So, I will wait for the hearing then. I am filing a hm027 - Motion for use and occupancy payments, which HOPEFULLY should have me covered for the time from now until the hearing, and possibly beyond. But does not cover arrearage. And even then, they get days to respond, appeal, request a hearing, etc..... and can delay the motion for weeks itself.

    This stinks. Bad. I know enough to work my way through the process in a few states, GA, TN, TX etc.... but this stuff in my home state of CT confuses the bejeezus out of me. Ridiculous.

    BTW - yes, I AM planning on selling, not only this, but the land I have, as well as my own home. And leaving this state fr good, for greener pastures.

    Owned 5 years, 8 evictions. All non-payment. All huge losses. Even won the small claims cases, collected $450 on 20k in winnings, aggregated. (and that 450 took me 200 to collect. ugh)

    I'm done.

    (and yes, I run credit checks, history, references, the whole deal. 720+ tenants only, 4x rent income requirement, everything. They all CAN pay, they just don't want to. And why would they? The laws are in their favor....)

    Sorry if I seem bitter.

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