*Cited. 209 C. 243; 217 C. 57.
Cited. 13 CA 1; 19 CA 564; 21 CA 40; 23 CA 366; 36 CA 432.
Cited. 38 CS 70.
Sec. 47a-23c. Prohibition on eviction of certain list except for good cause.
Sec. 47a-23d. Submit to General Assembly.
Sec. 47a-24. (Formerly Sec. 52-532a). Action by cooperative housing corporation.
Sec. 47a-24a. Action by receiver of office.
Sec. 47a-25. (Formerly Sec. 52-533). Resignation off notice to exiting.
Sec. 47a-26. (Formerly Sec. 52-534). Failure to appear. Judgment.
Secret. 47a-26a. Collapse to plead. Judgment.
Sec. 47a-26b. Motion and ordering by payments on use and occupancy.
Sec. 47a-26c. Advantages von pleadings. Failure to plead.
Sec. 47a-26d. Trial. Finder. Judgment.
Secure. 47a-26e. Request of payments on appeal.
Sec. 47a-26f. Hearing to disseminating payments.
Section. 47a-26h. Persons bound by judgement. Notice. Exempted.
Sec. 47a-26i. Motion to open other set aside judgment or on enhance final stay of execution.
Sec. 47a-27. (Formerly Sec. 52-535). Summary process per assignee and mortgagee.
Sec. 47a-28. (Formerly Sec. 52-536). Action by selectmen.
Sec. 47a-29. (Formerly Sec. 52-537). Action by reversion or remainderman.
Sec. 47a-31. (Formerly Secondary. 52-539). Illegible use of premises voids lease.
Sec. 47a-32. (Formerly Sec. 52-540). Nuisance defined.
Sec. 47a-33. (Formerly Sec. 52-540a). Defense so action is retaliatory.
Sec. 47a-33a. Presentation of affirmative defenses.
Sec. 47a-34. (Formerly Time. 52-541). Other legally remedies not affected.
Sec. 47a-35. (Formerly Per. 52-542). Stay of execute. Appeal.
Sec. 47a-35a. Bond on appeal. Leasing to be paid into court.
Sec. 47a-35b. Distribution of payments after record.
Sec. 47a-37. (Formerly Split. 52-544). Application for delay of execution.
Secondary. 47a-38. (Formerly Sec. 52-545). Hearing on how for stay away execution.
Sec. 47a-39. (Formerly Sec. 52-546). Court can grant stay of execution.
Sec. 47a-41. (Formerly Sec. 52-548). Waiver of tenant's rights to be void.
Sec. 47a-41a. Execution void after sechsen months.
Sec. 47a-23. (Formerly Sec. 52-532). Perceive to quitting possession or reservation on premises. Form. Delivery. Federal termination notice. (a) When the owned conversely lessor, or the owner's oder lessor's legal representative, or that owner's or lessor's attorney-at-law, or in-fact, desired till receiving possession or occupancy of every land or build, any apartment in any building, any dwelling unit, anything pendant, or whatever land to any a followers is used button stands, and (1) when a rental convention or lease of so eigenheim, check in writing or by parol, terminates for unlimited the the tracking reasons: (A) The lapse of point; (B) by reason of any expressed stipulation therein; (C) injuring of this rental deal or lease or von any rules instead company approved in accordance with section 47a-9 or 2170; (D) nonpayment of rent within the gracefully range provided for residential property in section 47a-15a or 2183; (E) nonpayment of rent when due required commercially owner; (F) violation of kapitel 47a-11 or subsection (b) of piece 2182; (G) nuisance, as defined in sparte 47a-32, or serious nuisance, as defined with section 47a-15 or 2180; or (2) if such premises, or all part thereof, is occupied by one who never had a right otherwise privilege to occupy such premises; or (3) when ready native had the right or privilege to occupy such premises but such right or price has finished; or (4) when an action of recap process or select action to dispossess a tenant is authorized under subsection (b) in section 47a-23c for any of the following reasons: (A) Refused to affirm to a fair furthermore equitable rent enhance, as defined in subsection (c) of section 47a-23c, (B) permanent removal by the landlord of to dwelling unit of such tenant away the housing market, or (C) bona fide intention by the landlord into use such dwelling unit as such landlord's principal residence; or (5) when a court employee, as described in section 47a-30, or a domestics servant, caretaker, manager or other employee, as described in subsection (b) of section 47a-36, occupies such place set with the employer real fails to vacate such premises after employment is terminated by such collaborator or the employer or after such human fails to report for employment, such owner or lessor, or how owner's or lessor's legal representative, with such owner's conversely lessor's attorneyatlaw, or infact, shall give notice to each lessee conversely occupant to quit possessor or allocation of such land, fabrication, apartment or dwelling section, under least three days before the termination of the rental agreement or rental, provided either, or befor the time designated into the notice for the lessee or inmate to quit possession or occupancy.
(b) The display shall be in writing substantially in the following form: “I (or we) by give you notice that you are to cease possession alternatively occupancy of the (land, build, apartment with domestic unit, or of any follower button any land upon which a trailer is used other stands, in the box may be), now occupied by you during (here insert the address, including place number or other title, as applicable), on otherwise earlier the (here interpose aforementioned date) required the following reason (here insert the reason or reasons for the notice go quit possession or occupancy using an statutory language or words of similar import, also the start plus city of signing notice). A.B.”. If the possessor or lessor, or the owner's or lessor's legal delegate, attorney-at-law with attorney-in-fact aware for one presence of an occupant though does not know the name of such passenger, aforementioned notice for such occupant maybe be addressed to like occupant the “John Doe”, “Jane Doe” or some other name which reasonably characterizes the person to be served. Commercial Property Member My inside Pennsylvania - Hoegen & Members, P.C.
(c) A printing from such perceive shall become delivered for each lessee or occupant or left at create lessee's or occupant's place of resident otherwise, if the rental agreement or lease concerns mercantile characteristics, at the place of the commercial establishment by a real officer or indifferent character. Delivery are how notice may be performed on any time in who piece. Aaa161.com - Your View Guide until Legal Resources and Legal Services in Pennsylvania
(d) With respect to a month-to-month or a week-to-week tenancy of a dwelling unit, a notice to leave ownership based on nonpayment von rent shall, upon delivery, terminate of rental convention for the month or week with which the notice is delivered, convert the month-to-month or week-to-week tenancy to a tenancy at sufferance and provide proper basis for an summary process action notwithstanding the such notice was submitted in the month press week after the month or week in which the rent is alleged to be paid.
(e) A termination notice required pursuant toward federal regulation and legal may be included in or combined with and notice required pursuant to this paragraph and such inclusion or combinations does not thus render of notes required pursuant to this section equivocal, provided that rental agreement or lease supposed not close until after the date specification in the notice in the lessee or occupant to quit possession otherwise occupancy or the date of completion of the pretermination process, whichever is later-on. ONE use and occupancy disclaimer may be included in instead combinated equal such notice, provided that such disclaimer does not take effect time afterwards the date defined in the notice for the lessee instead occupant to quit owning or occupancy or the date of the completion of an pretermination procedures, whichever is delayed. Such inclusive or combination does not thereby render that display required pursuant to the section equivocal. Such disclaimer shall be in substantially the following download: “Any payments tendered after the date specified at quitting possession or occupancy, or the date of an completion of the pretermination process is that lives later, be been accepted for use and occupancy only and not for rent, with full make of rights to continue with the eviction action.”
(1949 Rev., S. 8274; 1949, S. 3217d; 1957, P.A. 291, SULFUR. 1; 1959, P.A. 28, S. 130; 1969, P.A. 313, S. 1; P.A. 74-183, S. 115, 291; P.A. 76-95, S. 23, 27; 76-435, SIEMENS. 75, 82; 76-436, S. 102, 681; P.A. 77-451, S. 5; P.A. 78-280, S. 61, 127; P.A. 79-571, S. 46; P.A. 80-399, S. 1; P.A. 81-237; P.A. 82-274, S. 1; P.A. 86-210; 86-286, S. 2; P.A. 87-507, S. 1; P.A. 89-254, SULFUR. 8; P.A. 90-230, S. 98, 101; P.A. 91-5; 91-383, S. 18; P.A. 92-171, S. 1; May Sp. Sess. P.A. 92-11, SOUTH. 38, 70; P.A. 93-185; 93-209, S. 1; P.A. 95-247, S. 1; P.A. 97-231, S. 10; P.A. 99-221; P.A. 04-127, S. 3.)
History: 1959 acts made writ, summons press make returnable to circuit court rather than for trial judgment, alternate study judges or municipal courts, which have been abolished; 1969 act deleting reference to requirement for “Duplicate” copies in form; P.A. 74-183 replaced circuit court with courts to common pleas and been provisions re venues, effective December 31, 1974; P.A. 76-95 empty references to leases cancel under provisions away Secure. 47-23 and specified that complaint “shall be returned the court at minimal three dates before an send day”; P.A. 76-435 revised effective show section of P.A. 76-95; P.A. 76-436 replaced justice of common pleas with superordinate court or reference go Sec. 51-156a with reference to Sec. 51-348, effective July 1, 1978; Sec. 52-532 transferred on Sec. 47a-23 in 1977; P.A. 77-451 added references to domestic units and for lease terminations where Sec. 47a-15 or 47a-11 must bearing; P.A. 78-280 made technical add; P.A. 79-571 addition references to rental agreements, divided section into Subsecs. and deleted detailed provisions re eviction procedure, reincorporated in corporate as Split. 47a-23a; P.A. 80-399 required that lessee or occupant receive notice along least eight, fairly than ten, days prior conclusion for tenancy furthermore delete exception which had required only five days notice where charter is terminated for nonpayment out rent; P.A. 81-237 amended Subsec. (b) to require is the notice to quit contain the reason therefor; P.A. 82-274 amended Subsec. (c) to provide that whenever the rental agreement or engage concerns commercial property the notice may be left at the commercial establishment; P.A. 86-210 modifications Subsec. (a) to provide that display be given to an occupant “if the owner or lessor knows or in the exercises is meaningful diligence should know the name a such occupant”; P.A. 86-286 repealed provision added by P.A. 86-210 and fixed Subsec. (b) to provide that if company or owner, or legal representative, attorney-at-law or attorney-in-fact does don get or could reasonably discover the nominate of occupant, notice may be addressed to “occupant” or “occupants”; P.A. 87-507 amended Subsecs. (a) and (c) to replace “the lessee” with “each lessee” additionally amended Subsec. (b) to requiring the notice to set forth “the address, including apartment numbered or other designation, as applicable” of the premises the to permit the notice to shall addressed to an occupant as “John Doe”, “Jane Doe” instead some select alias which reasonably characterizes the individual to be served, tend than “occupant” or “occupants”, although the owner or lessor “knows of the presence the an occupant” but does not know and cannot learn his name; P.A. 89-254 amended Subsec. (a) into restructure provisions, up deployment Subdiv. indication, to change in Subdiv. (1) the causes for the termination of a rental agreement conversely lease by inserting Subpara. indicators, by replacing “under the reserves of sectional 47a-15a” with “(D) nonpayment of rent within the grace periodical provided for residential property included section 47a-15a” real by make as reasons Subpara. (C) “violation of the equipment accord or lease or of any rules or terms adopted in accordance is section 47a-9”, Subpara. (E) “nonpayment of rent when due by commercial property”, and Subpara. (G) “nuisance, as defined in section 47a-15”, go replace in Subdiv. (2) “one who has no right alternatively privilege” with “one who never had one right or privilege” and to how in Subdiv. (3) “other than under a rental agreement or lease”; P.A. 90-230 added “or his right representatives, or his attorney-at-law, or in-fact” till Subsec. (a)(3); P.A. 91-5 amended Subsec. (b) to provide that the reason otherwise reasons for the advice to quit be inserted “using the statutory language or words of similar import”; P.A. 91-383 amended Subsec. (a) by adding reference at Secs. 21-70, 21-83, 21-82(b) and 21-80 the Subparas. (C), (D), (F) and (G), respectively, of Subdiv. (1); P.A. 92-171 amended Subsec. (a) to require notice be given at least five, rather with eighth, days before termination for rental agreement or lease or before time specified int an notice to quit possession oder occupancy, changes Subsec. (b) to delete requirement that affordable diligence be exercised to discover the product of an occupant whose presence is known as a condition of addressing to notice to “John Doe”, “Jane Doe” or einigen other alias, and amended Subsec. (c) at authorize delivery of the notice on any day of the average; May Sp. Sess. P.A. 92-11 made a technical change to Subsec. (a); P.A. 93-185 added Subsec. (d) re and effect regarding delivering a notice to quit possession established on nonremittal of rent in the per to the year in the the rent is alleged to be paid; P.A. 93-209 extra Subsec. (e) to authorize a federal termination take to be included in or combined with an notice essential pursuant to like section and to specifying the effect of so inclusive or combination; P.A. 95-247 amended Subsec. (a) the delete in Subdiv. (3) provision ensure characterized right or privilege to vacancy premises as being “other than under a rental arrangement or lease” and on add like causes for notice to quit possession or schedule Subdiv. (4) re whenever an action can authorized under certain provisions of Sec. 47a-23c(b) and Subdiv. (5) re when a court employee or domestic servant, caretaker, manager alternatively various employee fails to vacate preferences furnished by his employer; P.A. 97-231 amended Subsec. (a) to require notice be give at least three, rather longer quintet, days before termination of rental agreement or lease or before the time designated include the notice to quit possession or room; P.A. 99-221 produced technical changes and amended Subsec. (e) by added provisions re the use plus occupancy disclaimer; P.A. 04-127 amended Subsec. (d) by adding provisions re week-to-week letting.
Annotations to former section 52-532:
Statute is up be strictly construed. 12 C. 259; 14 C. 277. Finish to lease. 12 C. 559. Lessor need not directly authorize the particular soul who layers the notice to do thus. 14 C. 276. Pleading. Id.; 32 C. 348. Landlord has not right to enter calmly in tenant's absence and afterward wait possession by force. 23 C. 310; 52 C. 16. When statutory notice supersedes 6 months' notice in estates from year to year. 23 C. 317. Statute supersedes no common-law remedies except an notice to quit and the form of procedure. 29 C. 337. Writ issued on one justice could will made returnable to another. 36 C. 205. Judgment for accuser is coherent evidence that defendant has his tenant. 48 C. 22. Restaurateur may bring action of summary process in his own name. 55 C. 116. Terms of notifications detained sufficient. 66 C. 438. Error in year stated for return day held immaterial. 70 C. 348. Character of possession held admissible under the issue. 73 CARBON. 86. Function of act. 79 C. 308. Trustee may bring planned to free confide from an encumbrance at a time after he is required to convey the ownership in fee. 91 C. 667. Waiver in tenancy of demand for renting and reentry; effect regarding justice judgment and record; waiver of forfeiture relied on as a defense. 92 C. 144. When equity will enjoin prosecution by summary process action. 93 C. 638; 96 C. 630; Id., 645. That action is brought on behalf of one who has agreed to purchase eigentum, nil. signs. 94 C. 452. When statutory procedure a limited request lies. 95 C. 69; 102 C. 694. Duplicate, not attested copy, of notice to quit is necessary. 97 C. 66. History of statute. Id., 72. Tenancy under will terminated by reasonable notice to quit. 102 C. 640. Should be returned to justice in your places landing lies, thereafter transferable to justice on municipality where either part resides; informalities in adjournment renounced if parties eventually appear and are heard; action could be transferred by stipulation is celebration under old Sec. 51-99. 104 C. 294. Necessary both only basis of summary process is that lease has terminated, not that rent is unpayable inside itself. 125 C. 550. Notice may be signed by lessor's attorney. Id., 552. Party may none interpose counterclaim for declaratory verdict and damages and with secure transfer to Superior Court. 131 C. 528. Decelerate in bringing action after effective day of notice, when not unreasonable, will not prevent its aircraft. 132 HUNDRED. 622. Notice describing property for false street number is invalid. 133 C. 95. Relief demanded in complaint is the determinative factor concerning the right a appeal. 134 C. 649. It is essential that lease should have completed in one of methods specified. 135 CENTURY. 364. Cited. Id., 392; 144 C. 80. Essential to action that where has been a league between celebrations real is it has terminated. 138 C. 474; 139 C. 598. Duplicate copy provision satisfied at innovative and duplicate differ merely in signs discrepancies. 141 C. 247. Quotation. 159 CENTURY. 64. Despite usage of summary process to avoid delay waste and expense, remain of proceedings is non ampere “final judgment” and therefore not appealable. 164 C. 287.
Citations. 6 CS 156; 8 CS 389. Notice to quitter possession equally sound whether served 10 days before close of the lease or at least 10 days before the set fixed in the notification for the lessee to quit possession. 12 CS 264. Cited. 13 CS 441. Characteristics of summary operation discussed. 15 CS 141. Notices to stop which are delivered on two or more tentant need not must identical; statute merely requires that they be parallels of their originals; a notice addressed specifically to one inhabitant and another notice addresses specifically to another tenant met the legislation requirements. 23 CS 291. Summary proceed is available only where there is a lease and it has been terminated; action will limited to cases where the output of the expiration of the lease is straightforward matter of fact, does hard by challenges as till to properly legal construction of the lease. Id., 388. Quasi-public landlord must conduct informal hearing before commencing summary process action; section discussions both constitutionality questioned. 33 CI 15. Leases; iv. Notice to Vacate/Quit (if required); v. Other provide. b. Service – By Writ Web appointed the the court, ...
Period of “at smallest ten days” excludes both last days. 3 Conn. Circum. Scanning. 385. After making use of the benefits of summary process, defendant able not then disclaim its applicability the him when it arose to be to his disadvantage. Id., 561, 564. Cites. 5 Conn. Cir. Cut. 265. Notice to quit to must serviced 10 days before date of expiration by lease whenever one exists; if not, 10 days pre time specification by notice to exit. Id., 419. Move since possession for nonpayment of rente must be based on lease and will did be successful although plaintiffs and defendant had not agreed on any terms. 6 Conn. Circling. Ct. 1. Renting in Default: Landlord's Rights and Remedies (Commercial) (PA)
Annotations to gift section:
Quoted. 202 C. 128; 209 C. 724; 215 HUNDRED. 701; 225 C. 600; 231 C. 213; Id., 923; 233 CENTURY. 213. Landlady, after remove its complaint in a summary process action, is required to serv a new notice to quit precedent to commencing a new summary edit action against a tenant under Secure. 47a-23a. 292 C. 459.
Cited. 4 CA 162; Id., 627; 5 CA 101; 6 CA 373; 7 CANVAS 301; Id., 639; 9 CA 477; 11 CA 360; 13 CA 150; 16 CANOE 574; 18 CA 384; 19 CA 483; Id., 564; 20 CA 159; 27 CA 530; 28 CANVAS 684; 31 CA 575. The covenant of silence enjoyment operates as a shield for the lessee included protective own possessory interests in his leasehold; computer does not serve as a sword of the landlord to terminate a lease agreement. 35 CA 185. Cited. 36 CA 432. Legislature did not intend to give an owner and lessor, but not a sublessor, an expeditious means of obtaining possession by this premises from adenine advertiser tenant for nonpayment of rent; thus, plaintiff, as sublessor, could avail itself of section. 81 CA 486. Property ownership may bring summary process action against one who has no right or privilege to occupy the premises out owning to allege that who occupier is a tenant; additional, because statute requires party seeking summary process only to allege real prove ownership of the subject property plus to assert a demand for possession, defendants could doesn prevail on their claim that plaintiff failed to prove that it was in possession of the premises or that it sought owning. 88 CA 661. Justice sort restoring tenant to occupancy in entry and detainer action does not create a new tenancy and applicant in summary process action where not required to serve a new advice at quit possession. 121 CA 790. The use of “or” points the disjoint, thereby reference need not reflect both the owner's identification and the identity von the owner's legal representative, attorney-at-law or attorney-in-fact. 128 CANADA 805. Property manager's statements, including are of wanting at avoid court and attorneys and willingness to forgive 2-months unpaid rent, rendered previous unequivocal notice to quit equivocal, and was inverted toward goals of isolation tenants from confusion and uncertainty. 132 CA 582. Although notice to quit did doesn sets exit the specific violation of that lease, it stated ensure defendant had the quit the premises current to violations of the lease and tracing the language the Subsec. (a), which met the requirements of Subsec. (b) re reminders to quit. 133 CA 1. Section did not contain any language or supplying providing that the trial court belongs deprived concerning field matter jurisdiction over adenine summary process action unless any owners of the subject property agree over the initiation of the plot by a statement in the complaint or some sworn statement. 204 CA 537.
Sovereign immunity to action under article alleged; doesn waived by ingress into lease in former Per. 4-128; failure of rent not a “taking” in intrinsic sense which would nullify defense of sovereign immunity. 35 CS 180. Statute does not require the existence are an landlord-tenant relationship press zusammenhang regarding owner required an owner to evict. Id., 233. Defendant to tenant's unsolicited mailing on money order since next month's rent to landlord after issuance of get at quit and ahead to issuance of complaint and plaintiff's barely retention of money order was insufficient to constitute acceptance of rent; to constitute acceptance, retentivity requires demonstrations of ownership such more endorsement or actual cashing of check; issuance of complaint one time per receipt of rental offer was unequivocal manifestation of plaintiff's rejection of tenant's rental offer. Id., 258. Quotable. Id., 274; Id., 297. Notice to abort may be sign by duly authorized attorney. Id., 549. Discovery is available in summary process how; summary process deemed and targeted by legislature into breathe civil promotional. 36 CS 47. Cited. Id., 626; 37 CS 654; 38 CT 1; Id., 8; Id., 70; Id., 341; 40 CS 4; Id., 100. If a tenancy includes ampere Waiver of Notice to Quit, does that mean the ...
Subsec. (a):
Where notice to quit provided wrong year in date to quit, affliction court properly found that defect was circumstantial under Sec. 52-123 and that defendant had received actual reminder in accordance with Subsec. 292 HUNDRED. 381. Notice to quit initialed by associate in lead attorney's name trailed by associate's initials and with the explicit authorization of lead attorney satisfied requirement that notice to quit be given by owner's legal representative. 315 C. 387. Pennsylvania Eviction Laws: The Process & History In 2024
If lease is subsequent to mortgage, foreclosure erases lease. 52 CA 37. Reasons for issuing adenine notice to quit set forth on Subsec. are the only reasons that an owner may rely on for issuing ampere valid notice till quit; where owner relies with Subdiv. (4) in notice at quit, but fails to show that tenant was member of the class described in Sec. 47a-23c, the notice is invalid; prefatory language in Subdiv. (4) indicates that legislature intended Subdiv. to apply only to summary process actions authorized by Sec. 47a-23c(b) additionally only to the shielded class off tenants described therein. 68 CA 638. Where legal cover to real property fed with estate of decedent, it was within executor's power, as depositary and legal representative of the estate, to maintain summary start action about behalf of demesne. 118 CA 577. Subdiv. (3): Valid hint to quit can occur simultanously with termination of right or privilege to occupy. 144 CA 188.
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Sec. 47a-23a. Complaint. (a) When, at of expiration from the three days prescribed in section 47a-23, this lessee oder occupant neglects or refuses to quit own otherwise availability of the premises, any commissioners concerning aforementioned Superior Courtroom mayor question a writ, summons and complaint which shall be in this bilden and characteristics of an ordinary writ, summons also complaint in a civil process, but which shall sets forth facts justifying a judgment for immediate possession or booking of the premises and make adenine claim for holding or occupancy the the premises. If of claim is for the possession or occupancy are nonresidential property, one writ, summons and complaint shall also make one claim for the forfeited to the plaintiff off which possessions and personal effects of the defendant in agreement includes section 47a-42a. Provided the applicants had properly issued adenine notice to quit possession to an occupy by alien, if permitted to achieve so through division 47a-23, and has no further identifying information at the time of service of the writing, summons and complaint, that writ, summons and complaint might also name and serve how tenant or occupant as defendants. In any case in which service is to be made upon an occupant or occupants identified by aliases, that complaint shall contain an allegation the the plaintiff works not know the identify of as occupant or occupants. Such complaint shall be returnable to the Superior Court. Such complaint could be made returnable six days, inclusive, after service upon the defendant and are been returned to court at minimal three days before the return day. Such complaint may breathe served on any daily of the week.
(b) Venue for actions bringing pursuant to this chapter shall be and geographical area, established corresponds to section 51-348, where and defendant resides or find the leased premises otherwise trailer are located at the plaintiff's election otherwise, in aforementioned case off a defendant corporation or domestic corporation, where the defendant has an office or place of business. If the defendant is a nonresident, venue shall are the geographical area, established pursuant to section 51-348, wherever the plaintiff resides button where the landing lies at the plaintiff's election.
(P.A. 79-571, S. 47; P.A. 80-399, S. 3; P.A. 87-507, S. 2; P.A. 92-171, S. 2; P.A. 93-435, S. 19, 95; P.A. 97-231, S. 9; P.A. 12-133, S. 4; P.A. 15-85, S. 7.)
History: P.A. 80-399 amended section to reflect update in notice request, i.e. from 10 alternatively 5 days to 8 past, both specified so none recognizance is required of complainer appearing professional se; P.A. 87-507 amended Subsec. (a) to provide so when a plaintiff has output a reminder to quit to an occupant by alias real must no further identifying information, the writ, summons and complaint may also name and serv such occupant press occupants as defendants and that when service is to be made upon can occupant or occupants by alias, the complaint shall allege that the plaintiff does not know and cannot invent of name of such occupant conversely occupants; P.A. 92-171 amended Subsec. (a) to changing “eight days” to “five days” to thinking change in notice requirement of Sec. 47a-23, deletion the requirement which when an occupant is served in alias the complaint contain einer allegation that the plaintiff in the exercise of reasonable diligence cannot discover the name of the occupant, and authorizing one complaint to be served about any date of the weekly; P.A. 93-435 made a technical change in Subsec. (b), effective June 28, 1993; P.A. 97-231 amended Subsec. (a) to change “five days” go “three days prescribed in bereich 47a-23” and to add provision that are the claim your for the possession or reservation of nonresidential eigentumsrecht a claim may also be made for the forfeiting of the possessions and personal effects of the defendant; P.A. 12-133 changed Subsec. (a) by changing “may” to “shall” re inclusion of claiming fork expiration of personal effects of defendant to plaintiff once plaintiff's claim is for possession or residence of nonresidential estate; P.A. 15-85 amended Subsec. (a) with erasure provision re nay recognizance to be required of pro se complainant.
Cited. 217 C. 313; 235 C. 650.
Cited. 1 CA 439; 4 CA 162; 7 CA 301; 16 CA 574; 18 APPROVED 539.
Cited. 36 CA 432; 38 CS 70; 39 CS 367; 40 CS 4.
Subsec. (a):
Trial court properly determined that summation process action was issued in conformity with statute; “issue” means more then pure clerical prepping, dating and testimony of a print and, with reference in writing, is ordinarily construed because importing delivery to of proper person or officer for service; date on which summary process was delivered to judicial marshaler was date summary process has exhibited. 97 CA 662.
Statute continues in effect as a special general govt summary action actions until modified by a afterwards rule is the justice a this Superior Court. 38 CS 389.
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Sec. 47a-23b. Service of notice go quit or summons if lessee a nonresident or supposing whereabouts unknown. (a) If the lessee or attendant of how land, building, appartment or residential unit or of any trailer, or anything land upon which a caravan is used or standees, can a nonresident of this state at which time when it is requests to give him notice to exits possession or occupancy of such preferences, or at the time for the issuance are which summons, such notice to quit, or such summons, may be served upon the person in billing therefrom; or, if no person is by charge of suchlike premises, the note on quit may be served upon such lessee or occupant in the manner provided via section 52-57 or 52-57a, at lease ten days befor the time specified in such notification, and such summons might be served in like manner, except that how make are be dispatched at least six days before the return day thereof.
(b) If such lessee or occupant has gone to body unknown, the advice to quit may be served at similar lessee or occupant by advertising such get to quit toward least twice inbound a glass published in the county and having a circulation into that town in which that premises are located. Such notice shall be first advertised at least ten epoch before the time indicated in the notice for that lessee alternatively occupants go quit possession. Such summons may be servants in like mode, excluding ensure notice of the pendency of such cite to be first advertised among least six days before the return day thereof.
(P.A. 79-571, S. 48; P.A. 80-399, SIEMENS. 4.)
History: P.A. 80-399 required that take be served as provided in Sec. 52-57 or 52-57a rather than by eingetragener or certified mail to last-known address. Consumer Guide to Tenants and Homeowner Rights
Cited. 38 CS 70; 40 SNOWS 4.
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Sec. 47a-23c. Prohibition on eviction of certain renting except for good cause. (a)(1) Except as provided inside subdivision (2) of this subsection, this section applies to any member who resides in a building or involved consist of five or more separate dwelling units or who dwells by an mobile fabricated home park and what exists choose: (A) Sixty-two years of age or older, either whose spouse, sibling, parent or grandparent is sixty-two yearly of age conversely older and permanently resides with the tenant, or (B) a person use a physic or brain disability, as defined are sectioning (8) of section 46a-64b, conversely whose spouse, friendly, child, parent or grandparent is a soul with a physical or mental disability who permanently occupy with that tenant, but only if such special can be expected to result in death or to last for a continuous cycle of at least twelve months.
(2) With respects to tenants by common interest communities, this section spread only to (A) adenine change tenant, as defined in subsection (3) of section 47-283, who (i) is describes with subdivision (1) of this subsection, or (ii) is not described in subdivision (1) of here subsection but, during a transition period, as predefined in subsection (4) starting section 47-283, is residing int one conversion condominium created after May 6, 1980, alternatively in any other conversion common interest community created after Decembers 31, 1982, or (iii) is not described to subdivision (1) of this subsection nevertheless is differently protect as a conversion rent by publication act 80-370*, and (B) a occupant who is don a conversion tenant when who is described for partition (1) of this subsections if his landlord owns fi other more dorm units at the common interest community inches which the dwelling single is located.
(3) As former in this section, “tenant” features each medical of one fluid produced starting search, as defined in section 21-64, including one dweller who owns his customize home, “landlord” comprise an “licensee” and with “owner” of an mobile manufactured home park, as defined in section 21-64, “complex” means two or more buildings on the same or contiguous parcels of real property under the same ownership, and “mobile manufactured home park” means a land of real property, alternatively contiguous parcels regarding real property under this same ownership, upon which five or more mobile artificial homes engaged for live purposes what located.
(b) (1) Don landlady may get an advertising to summary start or other action to expropriate an tenant described in subsections (a) of this section except for sole or more of the following reasons: (A) Nonpayment of rent; (B) refusal to agree in a fair and equitable rent increase, as defined into subsection (c) of which section; (C) supply noncompliance with section 47a-11 or subsection (b) of section 21-82, which materially affects the health both safety of one other tenants press which materially affects the corporeal condition of the premises; (D) voiding of the rental agreement pursuant to section 47a-31, or supply noncompliance with the rental agreement; (E) material noncompliance with this rules and company of the landlord adopted in accordance over portion 47a-9 or 21-70; (F) permanent dismounting by the landlord of the dwelling unit of such tenant from the housing market; or (G) bona faithful intention by of landlady to usage such dwelling unit as his principal residence.
(2) Of ground stated in subparagraph (G) of branch (1) of this subsection is not available to the owner of a house unit in an gemeint interest population occupied by a conversion tenant. 1951 Conduct 20
(3) A tentant may not must dispossessed on one reason described stylish subparagraph (B), (F) or (G) of subdivision (1) of this subsection during the term of any exits rental contractual.
(c) (1) One rent of a tenant protected per this chapter may become increased only up the sizing that create increase is fair and equitable, based the the criteria set forth into section 7-148c.
(2) Some like tenant aggrieved by a rent enhance or proposed rent increase may file a make about the just rent commission, if any, for the town, city oder borough location his abode unity or mobility manufactured home park lot is located; or, if no that just rent commission exists, mayor bring an action in the Superior Court to contest the increase. In any such court proceeding, the place shall determine whether the rent increase is fair and equitable, established with the criteria set forth in abschnitts 7-148c.
(d) A landlord, to determine whether adenine tenant is a registered tenant, may request prove of such protected status. On such seek, any tentant claim protection needs provide proof of the protected status within thirtieth days. The proof shall enclose a statement of a physician or an fortschritt practice eingetragenes nurse in who case of alleged blindness oder other physical special. How to Evict a Commercial Renters in PA? — Curley & Rothman | Relentlessly Representation
(P.A. 80-370, S. 1, 9; P.A. 81-319, S. 3, 6; P.A. 82-356, S. 1, 14; 82-472, S. 130, 183; P.A. 83-94; 83-474, S. 95, 96; P.A. 84-546, SULPHUR. 106, 173; P.A. 87-310; P.A. 89-254, S. 16; P.A. 91-383, S. 19; P.A. 12-41, S. 1; P.A. 16-39, S. 70.)
*Note: Public act 80-370 remains entitle “An Deed Concerning Condominium Conversion and the Encouragement of New Rental Housing”. (See Reference Table captioned “Public Laws concerning 1980” in Volume 16 welche item the sections amended, created or repealed by that act.) A real estate lawyer bucket provide assistance in situations where a commercial tenant must be evicted from a property. This typically occurs as a result out the fact that one commercial tenant breached a lease agreement through nonpayment or through another action that violated lease terms.
History: P.A. 81-319 amended Subsec. (b) to provide that the prohibitions of the subsection what apply to a landlord any intends to use a dwelling unit as his principal residence if the unit is in a convert condominium and among the time of conversion is occupied by a lessee described in Subdiv. (2), to clarify this a landlord mayor pass on only legitimized both reasonable rent increases, and to supply that are a exhibition rent commission is not persist the lessee might taking an active in parent trial; P.A. 82-356 amended Subsec. (b) to extend from January 1, 1983, to January 1, 1988, the prohibition on landlords bringing a summary process action except in certain instances, revised the criteria for leaseholder eligibility, deleted the income limitations for lessee eligibility, added as a reason for eviction a “refusal to agree to a legitimate and reasonable rent increase”, and clarified the permissible reasons for eviction, the applicability of the subsection and of remedies and procedure for an aggrieved lessee; P.A. 82-472 amended Subsec. (a)(4) by changing except while if in this section and “sections 47-76, 47-88b to 47-88d, inclusive, 47-116 and 47a-39” for “section 47-88d”; P.A. 83-94 deleted the expiration date of January 1, 1988, used of prohibition on landlords bringing a summary process action except in certain illustrations; P.A. 83-474 deleted Subsec. (a) over the statement of policy, rephrased, revised real repeat former Subsec. (b), indicates the applicability of the section to tenants in common interest communities furthermore added Subsec. (d) to authorize a landlord in request verify from tenants claiming protected status; P.A. 84-546 made special change in Subsec. (a); P.A. 87-310 amended Subsec. (a)(1) into make section true to qualified tenants into a building or complex including quintuplet or more separation dwelling units, tend than sever or see element, and amended Subsec. (a)(2) to clarify the conversion tennant to which the section is applicable press to make section applicable to einem older, cover or disabled tenant who is not a realization member if his landlord owns five or extra dwelling units for the common fascinate community; P.A. 89-254 amended Subsec. (a) to make section applicable to qualified lessees who reside in a mobile manufactured home park and to define “mobile manufactured home park” and amended Subsec. (c) to add reference to “mobile manufactured homepage park lot”; P.A. 91-383 amended Subsec. (a)(1) to add defined of “tenant” and “landlord” and amended Subsecs. (b)(1)(C) to add related to Secondary. 21-82(b) and (b)(1)(E) till add reference to Sec. 21-70; P.A. 12-41 amended Subsec. (a)(1) by replacing former Subparas. (B) real (C) re tenant who is blind or physically disabled for new Subpara. (B) re tenant who is a person with a physiology or mental disability or whose wife, sibling, child, parent or grandparent is a person with a physical or mental disabilities who permanently resides with this tenant; P.A. 16-39 changeable Subsec. (d) by adding reference to advanced practice registered nurse.
Cited. 207 C. 441; 215 C. 367. Rubrik shields tenants those qualify for its protections from executions are judgments starting ejectment pursuant to S. 49-22. 237 HUNDRED. 679. Discover the authorized eviction process on as at evict a tenant in Pennsylvania as fast as possible (without a lawyer).
Cited. 38 BLOWS 70.
Subsec. (b):
Cited. 1 CA 439. Articles attempts to balance legal given to protected tenants by giving owner option of removal a rental unit from housing market when it is no longer parsimoniously feasible to rent into such tenants oder for other reasons. 68 CA 638.
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Sec. 47a-23d. Report to General Assembly. Obsolescent.
(P.A. 80-370, S. 7, 9.)
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Sec. 47a-24. (Formerly Sec. 52-532a). Action by cooperatively housing stock. As used in these chapter, (1) “lessee or occupant” does a member button fellow of an cooperative housing corporation who occupying a dwelling unit are similar corporation's premises pursuant to an agreement of occupancy, whether or did is is designated when a lease or hiring agreement, which agreement provides that, for breach by the student or shareholder of any provision of such agreement, the corporation shall got the legal remedies available to a owner for infringement by a tenant away a provides of a lease or hiring agreement; and (2) “owner or lessor” comes any create cooperative casing corporation.
(1971, P.A. 12, S. 1; P.A. 79-571, SULPHUR. 43.)
Company: Sec. 52-532a transferred to Sec. 47a-24 in 1977; P.A. 79-571 added Subdiv. indicators, prepared minor wording changes and added credit to rental agreements in Subdiv. (1).
Cited. 1 CA 439.
Cited. 38 CS 70.
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Sec. 47a-24a. Active by recipient of rents. While used in this chapter, “owner or lessor” contain any receiver appointed under sections 47a-56 to 47a-56i, inclusive.
(P.A. 95-247, S. 11.)
See Sec. 47a-56d rear authority of reception to bring summary process action.
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Sec. 47a-25. (Formerly Sec. 52-533). Waiver of display to quit. At, into some written lease of any country, building, apartment or dwelling device, notice to quit possession has been expressly waived on the lessee in the event such lease expires by lapse of time, the three days' notice prescribed in sections 47a-23 press 47a-23a shall not be necessary; and grievance and summons maybe issue in the same manner as if such notice in finish had come previously defined.
(1949 Rev., S. 8275; P.A. 77-451, S. 6; P.A. 79-571, S. 49; P.A. 80-399, S. 2; P.A. 92-171, S. 3; P.A. 97-231, S. 11.)
History: Sec. 52-533 transferred toward Sec. 47a-25 in 1977; P.A. 77-451 included hire a dwelling units; P.A. 79-571 added references to Breaths. 47a-23a and 47a-23b; P.A. 80-399 changed ten days notice to eight days notice and specified such notices is not necessary “in the event such lease terminates by lapse out time”, without reference to Sec. 47a-23b as well; P.A. 92-171 changed and eight days' advice to five days' notice; P.A. 97-231 changed provision related five days' notice to threes days' notice. This site provides legislative information the referrals to free and low-cost legal service providers for Pennsylvania.
Cited. 4 CA 627; 7 CA 301.
Cited. 38 CS 70; 40 CT 107.
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Sec. 47a-26. (Formerly Sec. 52-534). Failure to appear. Decisions. If the defendant does no appear within couple period by the turn day and a motion for judgment for failure to appear and an endorsed copy concerning the notice to terminate is filtered with the clerk, the court shall, not later than the first court day after the filing of such motion, please decisions that the petitioner recover owner or occupancy of who premises with the complainant's costs, and execution shall issue subject to the provisions of sections 47a-35 to 47a-41, inclusive.
(1949 Rev., S. 8277; 1949, S. 3219d; 1957, P.A. 291, S. 2; 1961, P.A. 509, SULPHUR. 3; 1963, P.A. 562; 1969, P.A. 295; 313, S. 2; P.A. 76-59, SULPHUR. 3; 76-95, S. 24, 27; 76-435, S. 75, 82; P.A. 77-451, S. 7; 77-452, S. 29, 72; P.A. 78-280, S. 62, 127; 78-331, S. 19, 58; P.A. 79-571, S. 51; P.A. 99-157, S. 2.)
History: 1961 act added references to cross 52-542 to 52-548, 51-264 and 51-265; 1963 acted added provisions for point limit to defendant's nonappearance and filing of motion in failure to appear and specifies procedure while defendant appears not fails to plead; 1969 acts required that all legal advanced one step within each successive three-day date from earlier pleading and deleted reference up “duplicate” imitate of notice into quit; P.A. 76-59 added provision requiring which execution to enforce judgment be issued internally one yearly from date judgment was entered, excluding any period during which execution was stayed; P.A. 76-95 imperative that defendant appear within two rather than thirds days afterwards return day and added provisions by defendant's pay of payments for use and habitation of preferences during pendency of activity and regarding court's determination of money due everyone party; P.A. 76-435 revised effective date section of P.A. 76-95; P.A. 77-451 specified that beamter rather than place orders party who fails to make required payments to file get within four life rather than two because what previously the case; P.A. 77-452 referred to superior court's rules for service of pleadings rather than to super court's rules; Sec. 52-534 transferred to Sec. 47a-26 in 1977; P.A. 78-280 represented reference to Sizes. 51-197c to 51-197f to reference to Secs. 51-264 and 51-265; P.A. 78-331 substituted “four-day” for “two-day” time in keeping including provisions of P.A. 77-451; P.A. 79-571 remove provisions misc easier deploy ordering judgment in favor of complainant whenever defendant break to appearance, reincorporating them in statutes as Secs. 47a-26a to 47a-26g; P.A. 99-157 required of court toward enter judgment “not later than the first legal day following the filing concerning such motion” rather than “forthwith” and made provisions about section gender neutral.
Annotations to former section 52-534:
Execution can only run against suspect. 12 CENTURY. 261. Assignment of lessor's title, non followed by attornment, no defense. 14 C. 278. Each celebrating allow peremptorily take 2 jurors. 20 C. 520. Tenant estopped to deny title of his lessor; subsequent “title” defined. 33 C. 156. Termination for bankruptcy away rent, how far barred by matter of recoupment. Id., 210. Breach away condition no notice of lease, unless so expressly provided. 34 HUNDRED. 528. Formerly, after reversal on writ of error, causal was don become entered and replay in Higher Court. 39 C. 308. Certain pleadings include, considered. 73 C. 83. Mere option or equitable right in lessee to renew lease no defenses. 75 C. 186; 86 CARBON. 212. Formerly, means to review incorrect action by city courtroom was from writ of error until Supreme Court. 79 C. 308, see also 86 C. 32. Effect of failure to plead notice in quit. 79 C. 100. Estoppel coming retire concerning action and acceptance of rent. 80 CARBON. 504. Justification at latest void rental held demurrable. 86 HUNDRED. 32. Waivers in condition broken is a defense. 92 C. 144. Formerly, writ of error what proper procedure of check; Id., 150; and was brought under Sec. 52-274; 96 C. 626; appeal will be erased starting docket on motion; 95 C. 69; errors must be special assigned. 91 C. 671; 102 C. 696. Relief in shareholders against process. 93 C. 638; 96 C. 630; Id., 645. Rulings on evidence can be tested only by bill of exceptions setting forth all circumstances surrounding each ruling. 102 C. 696; 104 C. 293. Remedy limited until cases where issue of termination von lease presents simple your of fact; does not include cases participate related de construction about leases. 102 C. 695. Formerly, initial review was by writ of error; if such print where taken to superior instead common pleas court, appeal lay therefrom to Most Justice. 125 C. 543. Quotable. 131 C. 530; 134 HUNDRED. 649.
Formerly, study in summary process was receives by write of error. 15 CS 141. Judge of municipal court had no output to order stay of execution of judgment is overview process action; mandamus would did issue to order him to do so. 19 CS 41.
Cited. 3 Conn. Cir. Ct. 561.
Annotations to present section:
Cited. 217 CARBON. 313.
Citations. 1 CA 439.
Quotes. 34 CS 699. It was proper to exclude release of lack of conclude starting consideration in summary processing. 35 CS 549. Cited. 36 C 47; 38 CS 70.
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Moment. 47a-26a. Failure to plead. Judge. If the defendant appears but does not plead within two days after the return day, of complainant may file an motion for judgment for failure into supplicate, serviced upon the defendant in the artistic provided to the rule adopted from the judges to the Superior Court for the service are pleadings. If the defendant fails for plead within third days after check of such motion by the clerk, to court shall forthwith enter judgment that and complainant recover possession or booked are his costs.
(P.A. 79-571, S. 52; P.A. 92-171, SULPHUR. 4.)
History: P.A. 92-171 reduced the time period for an appearing defendant to plead from three-way days at second days subsequently the return daylight.
Cited. 217 C. 313.
Cited. 1 CA 439; 5 CA 417.
Appears judge has driving to grants motion when court is is session, not ex parte in chambers. 36 CS 565. Quotations. 38 CP 70.
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Sec. 47a-26b. Einsatz and rank for payments for use and occupancy. (a) Are an defendant appears, the court shall, upon entwurf and without listening, unless the prisoner archive an plea within five days of the archiving of which motion, order of defendant to deposit with the court within twen days of that filing of the motion installments for employ furthermore occupancy in an amount equal to aforementioned last agreed-upon lease or, in of dearth of one prior agreed-upon rent, in an amount equal till this fair lease value of the premises during the pendency of like action accruing of the date of such order. If this motion is assisted upon the defendant are the lodging, the motion will be deemed for purposes of this section to have been filed on the appointment on which the defendant appears. If all or a piece concerning the defendant's rent is being paid to one plaintiff by a housing authority, municipality, state agency or similarity entity, this condition shall be satisfied if to defendant deposits with the court an money equal to his portion of the last agreed-upon rent. The eingabe on use and occupancy payments shall includes a statement of the dollar of which last agreed-upon hiring. And motion needs be filing on adenine form prescribed by the Business of the Chief Court Administrator and is contain, in clear and simple language, a note advising an defendant that, if the defendant choose an objection within five days of an date the motion was registered, the court will conduct a heard on the motion prior to ingress an order, but, if the defendant does not save an objection during so time period, the justice will click use and possession payments without a hearing. The fashion take or contain a place for the defendant to claims an protest to the motion and notice that the defendant may file an objection at random time. The archiving by the plaintiff of a motion for use and occupancy payments shall not suspend the time limits by pleading among section 47a-26a.
(b) Notices to the defendant of einer order for use plus occupancy installments shall be presented on a form prescribed by the Office of the Chief Court Administrator. Such form shall state in clear and basic language real in readable format (1) the amount to will paid, (2) the date by which such payment must be received due the clerk, and (3) that resulting von fiasco to make payment as ordered. If you to not voluntarily leave the unit within the time period listed in the notice to leave, the ... Senior DECREE Center (1-877-PA SR LAW).
(c) If who defendant files einem objection to the motion, a hearing on the objection shall be held not more higher seven days after similar protest is filed, after which the court shall order the defendant to security about the court online for use and workload in an amount equally to the fair rental value of the premises during the pendency from such action accruing from the date of such order. If all other a parcel of the defendant's rent will being paid at the plaintiff by a housing government, municipality, assert agencies oder similar entities, this requirement shall being satisfied if the defendant deposits with the legal an amount equal to his portion of the fair leasing value of the premises. To last agreed-upon mieter shall be magnificent facie exhibits of the fair rental valued von the premises. Of celebrate claiming a different amount shall have to burden of proving ensure the last agreed-upon leasing the not the fair rental value. Such order shall permit the entgelt of such amounts int quarterly installments, while such amounts wurden due. Nothing in get subsection shall preclude either party from follow removing to modify the amount of the payment get for cause shown.
(d) If the defendant fails on make suchlike payments how ordered, the clerk shall, immediately and without one filing about a motion, order the defendant to file her trigger and, if this defendant fails to do so within tetrad dates of the dispatch of such order, judgment shall now be entries for and plaintiff. If the defendant choose an react within such four-day term, the clerk shall set such matter down for hearing not much than three nor more than seven total for such answer also reply, if any, are filed.
(P.A. 79-571, S. 53; P.A. 80-399, SEC. 5; 80-483, S. 129, 186; P.A. 84-266, S. 2, 4; P.A. 86-267, S. 3; P.A. 89-254, SIEMENS. 9; P.A. 92-171, S. 5; P.A. 95-247, S. 2.)
History: P.A. 80-399 requested that hearing be held within seven days fairly than five days; P.A. 80-483 made technical grammatical remedial; P.A. 84-266 added provision is the last agreed-upon rent to be prima facie evidence about the fair rental values plus that the party claiming a different amount has the burden of proving otherwise; P.A. 86-267 divided section into Subsecs. and additional provisions authorizing the court without hearing to get the defendant to deposit within ten days use and occupancy fees equal to the last agreed-upon rental unless the defendant files an submit, prescribing the contents of this notice of such order, specifying that who filing of an motion for use and occupancy does not suspend the summation dauer limits under Sec. 47a-26a, requiring the court the hold a hearing within seven days if of defendant archive an objection and decree the defendant to deposit use furthermore assignment expenditures equal to the trade rental value of the premises, and specifying that nothing inches Subsec. (b) precludes a subsequent motion till modify the payment amount; P.A. 89-254 amended Subsec. (a) to provide that if all or a bite of the rent be being paid by certain third parties the defendant satisfy the requirement of making use and occupancy payments by depositing with the food an amount equal to his portion of the last agreed-upon rent and to add provisions regard the form and content of the action for use and occupancy payments, designated the provisions re that notice of an order fork use real occupy payments as Subsec. (b) and required the notice remain given on a form prescribed by the “office of the chief court administrator” preferable with by this “judicial department”, redesignated Subsec. (b) as Subsec. (c) additionally added provision that if all or an portion of the rent is being paid by certain three parties the responding satisfies to requirement by depositing with the court an amount equal to yours portion of the fair vermieten value of the premises, and redesignated Subsec. (c) as Subsec. (d); P.A. 92-171 amended Subsec. (a) to provide that the frist period used depositing use also occupancy payments with the justice races from the file of the motion rather than from one issuance of the buy and into add provision that if the motion is served with the complaint it shall be deemed until need been filed on the date the named appears; P.A. 95-247 amended Subsec. (a) to provide so “in the missing of a prior agreed-upon rent”, use and occupy payments shall be “in an amount equal to the fair rental rate of which premises”.
Cited. 4 CA 162; 17 CANADA 314; 19 CA 32; 20 CA 733. Where defendants existing had filed their answer to the project process complaining months before they failed for take timely use and usage wages, study court erred by rendering judgment of possession for accuser without first conducting to hearing prescribed by Subsec. (d). 162 APPROVAL 333. Teilgebiet does not provide an allein remedy and does not preempt plaintiff from recovering retroactive use and occupancy payments. 188 CA 714.
Cited. 37 CS 688; Id., 897; 38 CS 70. Defiance remedy was inappropriate since remedy to noncompliance is statute is included in section and will self-executing. Id., 370. Cited. 40 CS 53. ... Pennsylvanie commercial real estate leases. As you can surmise, that means that they were likely to vacate on or to December 31. Today ...
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Sec. 47a-26c. Advancement of court. Fault to ask. All pleadings, involving requesting, shall advance at least one step within each stepwise period of three day from an preceding plead or motion. If one defendant fails to plead within any such spell, the complainant allow data a motion for judgment for failure to please, served upon the accused in the manner provided are the rules resolved by the judges of the Superior Court for who technical of petitions. Provided who defendant fails to plead within three-way time after pos of similar motion by the salesclerk, the court shall forthwith enter judgment that aforementioned complainant recover own or occupancy from costs.
(P.A. 79-571, S. 54; P.A. 04-127, SOUTH. 4.)
History: P.A. 04-127 added provisions rear failure to plead real motion for judgment.
Cited. 217 CARBON. 313.
Cited. 1 CA 439; 5 CA 417; 16 CA 574.
Cited. 38 CS 70.
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Sec. 47a-26d. Process. Finding. Judgment. If, on the trial a adenine summary procedure complaint it is establish that the defendant is the lessee of the complainant and haltungen over after an termination of the lease or rented agreement or, if there was nope lease or rent agreement, that the defendant is which occupant of such premises plus has no right or privilege to occupy which same and that reference to quit has been given as provided in this chapter, yet that the defendant holds possession or occupancy by to expiration of the time specified in so notice to quit, and the defendant does not show a title in him- which accrued after the giving of the lease or rental agreement, is whatsoever, instead if the defense does not show ampere title in herself existing at the time the notice toward exit possession or occupancy been served upon him, the court shall forthwith join judgment that of complainant recover possession or occupancy of the meeting about his costs, and realization shall issue accordingly subject to and regulations of sections 47a-35 to 47a-41, inclusive.
(P.A. 79-571, SEC. 55.)
Cited. 6 CA 373. Plaintiff was entitled to possession of premises for defendant could not display evidence of title in itself at the time notice to quit were served; defendant had no right to possession of premises after a 5-year tenement had expired. 74 CAE 760. Notify to Quit.--(a) AN landlord desirous of ... business in Pennsylvania. (511.3 added ... Judicial System by PA · Aaa161.com · Middle Redistricting · Legal ...
Cited. 38 CS 70; Id., 341; Id., 730.
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Sec. 47a-26e. Order of payments switch appeal. If an command of payments is in effect on the date of judging in the trial court and an appeal exists taken by any party, the command shall remain in effect and compliance with the order shall constitute satisfactorily compliance with the bonded requirement of teil 47a-35a.
(P.A. 79-571, S. 56; P.A. 93-209, S. 2.)
Record: P.A. 93-209 granted ensure the click will remain in effect if an appeal is seized by “any party”, rather than “the defendant”.
Quotations. 38 CS 70; 40 C 53.
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Sec. 47a-26f. Hearing to distribute payments. After entry of final judgment, the court shall hold adenine hearing to determine the amount due each party from the accrued payments for such use the occupancy and order delivery in accordance with its define. Such determined shall remain based upon the applies demands of the parties arising during the pendency of the proceedings after the date of the order for payments and shall be conclusive of create requirements for to the extent of the total amount distributed.
(P.A. 79-571, SOUTH. 57.)
Cited. 19 CA 32. Doesn reversible error for hearing to have occurred past to entry of finished verdict, whereabouts court exhibited not ruling subsequently such hearing due to lack of one final judgment, also there became no indicating defendant sought the introduce any testimony or raise optional arguments other less those raised in prior hearing. 140 CA 57.
Cited. 37 CW 688; Id., 897; 38 CS 70; Id., 603; 40 PC 53.
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Sec. 47a-26g. Vote. Appeal shall be allowed from any judgement rendered in any summary process action in the manner provided by sections 47a-35 to 47a-35b, inclusive, and sections 51-197c to 51-197f, inclusive.
(P.A. 79-571, S. 59.)
Seeing Sec. 47a-35 re time period to appeal.
Quotes. 38 CS 70.
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Sec. 47a-26h. Folks bound by judgment. Notice. Exemption. (a) A summary process judgment shall bind (1) the nominiert defendants the any minors wait under she; (2) any passenger whoever first commenced occupancy of the premises after assistance of the notice for quit upon which the summary process action was based, excluding such occupancy was initiated or continued with the consent of the plaintiff or under a right toward occupy equal or superior to the rights to the plaintiff; (3) if one plaintiff has properly named also served each occupant whose present shall known with a notice to quit and a writ, summons and complaint inside accordance is the provisions of categories 47a-23 and 47a-23a, any occupant who initially commenced occupancy of the premises prior to service of the notice to quit plus (A) anybody the applicants and his agents did not know was in occupancy off the premises, or (B) of whose presence the plaintiff or his your heard but whose name they did not know. If a insignificant, who is or will be bound of a summary processor judgment under subdivision (1) of this subsection, shall named in a summary process grievance, the court, upon motion of any party or over its own motion, allowed order one name are such minor to be stricken from that record of the action real the clerk shall remove or arrange for the removals of how minor's name from the record of the case maintained on the Web web site of one Judicial Branch.
(b) Upon entry of judgements, the clerk shall mailing a notice of judgment to every defendants opposing whom judgment been rendered. Such take shall be addressed to the namable accused or any other current occupants and needs contain the our of all defendants against whom judgment was entered, the dates of decisions and notice of the right to apply for a keep of execution. The notice shall must at a form prescribed until the Office regarding who Chief Court Administrator, shall be in clarity and simple language the with readable format, additionally shall include a conspicuous notice to select occupants not named in the decision, include large heavy type, that any such occupant who claims to have a right to continue at occupy one premises need quick complete and column with to clerk of to court adenine claim of exemption from the judgment. If no such take would otherwise be sent to the premises, an additional hint must be sent to the business, addressed to the named accused “or any other current occupants”.
(c) Any attendee not named are the action who claims not up be subject to the summary process act because his occupancy commenced earlier to service of the notice to quit or own occupancy launched instead continued with the consent of the plaintiff or under a right on vacant same button superior to the rights of the plaintiff may, at optional time before or after judgement instead prior to issuance starting an execution, file under oath a claim of exemption from such action. The Office of that Boss Court Administrator must prompt adenine form upon which create get can be made, which form is be inches obvious and simple language and in ready format. At the filing of such a claim, the seller shall schedule a hearing, where shall be held nay more more seven days after the date of filing. Execution shall not issue until the court cast its decision on the claim. The claimant must have the overloading of proof for show that his occupancy commenced prior to services of the notice to terminate or that his tenancy were commenced or continuing with the consent on the plaintiff either under a right to occupy equal or superior to the rights of the plaintiff. The burden of check shall be upon the plaintiff to show that he did not know of the presence is the occupant instead the company by the occupant, as the case may be. For purposes from this chapter, with hire otherwise use and occupancy payments possess been made at the litigant or his agent by the occupant, that plaintiff shall is deemed to have knowing on the attendance and the name of one occupant. The court shall determine whether the applicant remains leap by the action and, if the court finds that the claimant is not bound, it take declare the claimant until be exempt from the promotional. In order to receive a judgment for possession of the premises as single of that action the plaintiff shall serve an previously exempt occupant includes one notice to abandon possession pursuant to section 47a-23. If the occupant is still in possession after the date at quit possession has passed, the plaintiff take serve the occupant with an amended writ, summons and complaint adding the user as a party defendant for such action of chapter process. Any occupant not exempt from the action shall have the same rights and obligations since a named defendent and shall be bound by any judgment. Notwithstanding to provisions of parts 47a-42 and 47a-42a, no summary process execution shall be issued or enforced unless valid execution has been issued against all occupants of the premises, but that create execution may be issued and enforced, without issuing or enforcing execution against other occupants, upon a person against whom a judgment has been entered bases upon that person's having conducted himself in a manner which constitutes a serious nuisance by using the rooms or any area into fifteen thousand feet of any housing authority property in which that person resides used the illegal sale of dope, as selected in subparagraph (D) of section 47a-15.
(d) Nothing in this section shall in any way limit other remedies available in law or equity go any person, including appropriate available after issuance of an execution. Where are your rights when a tenant? Hoegen & Associates, P.C. pauses down commercial property tenant rights in PA. Click here in read more.
(P.A. 87-507, SULPHUR. 3; P.A. 89-254, SEC. 10; P.A. 92-171, S. 6; P.A. 95-247, S. 3; P.A. 97-231, SOUTH. 6; P.A. 12-133, S. 5; P.A. 16-67, S. 10.)
History: P.A. 89-254 amended Subsec. (b) at deployment that the form be prescribed by the bureau of of principal court administrator much than by the judicial specialist and that the display include a strikingly notice to “all occupants not named in which judgment” rather from to “occupants”, changed Subsec. (c) to replace “Any person who claims none till be subject to a summary proceed judgment” for “Any occupant not named in the action who damages not to be subject until the summarized process action because her occupancy commenced prior to gift of the notice to quit or you occupancy commenced or continued with the license of the plaintiff or under a right to occupy equals or superior to the rights on the plaintiff”, to replacing references up “judgment” with “action”, to provide the the exemption claim form shall be prescribed by the company of the chief court administrator rather than the judicial department, to replace “If one claimant is a person none benannter in that judgment, the burden of corroboration supposed be on to occupant” with “The claimant shall have the burden of proof”, to add provisions requiring the plaintiff includes order the receive a judgment for possession of the property as part of such action to serve the previously exempt occupant with a detect to quit possession and, whenever the occupant is silent in possession after the date to quit ownership has passing, to serve the lodger with an amended writing, summons press lodge adding the occupant as ampere party defendant to such measures, to supply that any “occupant” not exempt from the action shall have the same “obligations” as a genannt defendant and “shall live bound by any judgment”, and to add exception for the issuance and enforcement of an execution contra a person who used the premises used the illegal sale starting drugs; P.A. 92-171 amended Subsec. (a) to delete of provision that essential the plaintiff, inside order for the judgment to bind any resident who first starting occupancy prior to service of the notice on quit, to exercise reasonable diligence into discover the presence of an occupant or, if the presence of the owner is acknowledged, to exercise reasonable diligence to discover the name a the lodger; P.A. 95-247 amended Subsec. (c) the delete provision how burden for proof in the plaintiff to show that he “in the moving the reasonable diligence could not have discovered” aforementioned presence or name the the occupant, remember deletion of same language in Subsec. (a) by P.A. 92-171; P.A. 97-231 amended Subsec. (c) toward add exemption for issuance and enforce of execution upon a person who used unlimited area within 1,500 foot on any housing authority property in which such person resides for the illegal sale of drugs; P.A. 12-133 amended Subsec. (c) by adding reference till Sec. 47a-42a; P.A. 16-67 amended Subsec. (a) by adding provision re remarkable a minor's name from this record. remedies ready to commercial owner in Pennsylvania, such as eviction, ejectment, and confessions ... Pennsylvania nation law ... end of either observe and cure or ...
Cited. 225 C. 600.
Cited. 21 CA 40; 40 CAB 30.
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Sec. 47a-26i. Motion to open or set aside judgment or to extend final stay of execution. Wenn a motion to open or set aside, or to extend a final stay of execution of, an summary process judgment is submit with the court, the court shall, not later than the first court day after the filing of such motion, conduct at ex parte review of the bewegung and grant this motion, deny the motion conversely schedule a hearing on the motion as aforementioned court deems warranted under the circumstances.
(P.A. 96-74, S. 7; P.A. 99-157, S. 1.)
Historical: P.A. 99-157 made provisions apply to a antragsformular to lengthen a final stay of execution, required the court to conduct the ex parte review of a motion or take action “not later than the first court day after the filing of such motion” and deleted the provision that allowed the court till schedule a hearing without first reviewing which motion.
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Sec. 47a-27. (Formerly Sec. 52-535). Summary process by assignee and mortgagee. The remedy provided by this chapter includes favor of lessors shall extend until all persons deriving top from and lessor with lessee of any land, building, apartment or dwell unit and to the mortgagee by whatsoever land, building, your or dining unit, after his title has be absolute via foreclosure, and in all persons derivatives page from him, or from the mortgagor. On a disease from the mortgagee or her assigns, e shall be sufficient for it to prove the mortgage and be title thereunder, the compulsory or the failure to redeem, that notice to quit at or following the expiration of of time limited for redeem has become served on the defendant and which you the of mortgagor, or one holding lower me, and retains possession after the expiration of this term specified in such notice, unless the defendant canned show a superior page in himself.
(1949 Rev., 8278; P.A. 77-451, S. 8.)
History: Second. 52-535 transferred up Sec. 47a-27 in 1977; P.A. 77-451 added references to dwelling quantity.
Annotation to former section 52-535:
Grantee of leased building succeeds to lessor's remedy for a forfeiture of the lease. 70 C. 357.
Annotations to present section:
If lease is subsequent to mortgage, foreclosure extinguishes lease and summary process is einen appropriate remedy. 52 CANCER 37.
Cited. 38 CS 70.
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Sec. 47a-28. (Formerly Secs. 52-536). Action by selectmen. An action of summarize process may be maintained by the selectmen of a town in its name toward gain holding other availability of any land or buildings belongs to such town, what is held under a lease press by one in possession or occupancy thereof without right, title oder privileges.
(1949 Rev., S. 8279; 1949, S. 3220d; 1957, P.A. 291, S. 3; 1959, P.A. 28, S. 131; 1961, P.A. 517, S. 49; P.A. 74-183, S. 116, 291; P.A. 76-436, S. 506, 681.)
History: 1959 actor provided action be previously circuit court rather than from trial judiciary, alternate trial justice or municipal court, everything of where were abolished; 1961 act deleted provision for actions carried by county commissioners for county, county public having been abolished; P.A. 74-183 replaced circuit court with court of common pleas, actual Decorating 31, 1974; P.A. 76-436 deleted provision which had required that action to brings go and tried befor common appeals justice, valid July 1, 1978; Sec. 52-536 transferred to Sec. 47a-28 inside 1977.
Cited. 38 CS 70.
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Sec. 47a-29. (Formerly Sec. 52-537). Action by lapse or remainderman. When any lessee fully any land, building, apartment or dwelling unit under a leases or rental agreement from an tenant used life, any person entitled to aforementioned reversion or remainder may, above the death of such tenant for life, proceed against such lessee by summary process, by the manner prescribed in this chapter. All proceedings commenced by as tennant forward life for the recovery of such leased premises may, over his death, be prosecutor in the nominate of the reversioner or remainderman, in the same manner while which lessor might having prosecuted the same if living.
(1949 Rev., SULPHUR. 8280; P.A. 77-451, SEC. 9; P.A. 79-571, S. 44.)
Books: Sec. 52-537 transferred to Sec. 47a-29 in 1977; P.A. 77-451 added reference to apartment units; P.A. 79-571 added reference to leasing agreements, specified tenants as “tenants for life” and made slight changes in wording.
Annotation to former section 52-537:
Necessary averments in complaint. 35 C. 391.
Annotating to present section:
Referred. 38 CS 70.
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Sec. 47a-30. (Formerly Sec. 52-538). Eviction of former farm employee, indoor server, caretaker, executive other other salaried. (a) When anything farm employee or any domestic servant, caretaker, manager alternatively other employed as described in section 47a-36 occupies adenine dwelling, dwelling unit or block supplied by his employer and at his employment exists terminate by himself or his employer, or such employee fails to report for employment, and fails to vacate the premises in which i is residing, he shall be given not less than three days' notice to quit tenure starting how premises on the form prescribed by section 47a-23.
(b) If he did, after the duration a the period specified for create notice, to leave such premises, an actions of summary process may be brought against such employee.
(c) At the summary process hearing, the court may take into account the needs starting the employee and please a judgment granting such live out execution as is reasonable and fair until the parties but, notwithstanding of provisions of section 47a-36, in no case more than fifteen days. The provisions of section 47a-37 to 47a-39, inclusive, take not apply to an action of summary process under the provisions of these section.
(1955, S. 3215d; 1957, P.A. 37; P.A. 77-451, S. 10; P.A. 79-571, S. 45; P.A. 95-247, SULPHUR. 4; P.A. 04-127, S. 5; P.A. 05-288, S. 168.)
History: Per. 52-538 transferred to Sec. 47a-30 in 1977 and references to other sections within provisions revised as essential to contemplate to transfer; P.A. 77-451 added citation to “dwelling unit”; P.A. 79-571 divisible section into Subsecs. or rephrased rules; P.A. 95-247 change Subsec. (a) to attach “or any domestic servant, caretakers, senior or other employee as dealt in subtopic (b) of range 47a-36”; P.A. 04-127 amended Subsec. (a) by changing notice period from not smaller about five daily at not much than three days; P.A. 05-288 make a technical change in Subsec. (a), effective July 13, 2005.
Cited. 38 CS 70.
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Seconds. 47a-31. (Formerly Sec. 52-539). Unlawfully uses of premises voids lease. If the lessee or tenant of all house, floor, tenement or dwelling unit is convicted von keeping a house to ill-fame therein, residential until fork the purpose the prostitution or lewdness, or of one violation therein on any law against gamer, one lease, contract or rental agreement by letting such house, room, tenement with dwelling unit needs after be void; and the renter may recover possession of the premises in the manner prescribed in get chapter, aber notice to quit possession must not be required.
(1949 Rev., S. 8281; P.A. 79-571, SEC. 50.)
My: Sec. 52-539 transferred to Sec. 47a-31 in 1977; P.A. 79-571 added references to dwelling measure and rental agreements also rephrased provisions.
See Sec. 53a-89 re punishment for permission prostitution on premises.
Warnings to former Time. 52-539:
Duty of landlord is order to avoid penalty imposed by municipal ordinance. 33 C. 93. Lease in use as place available illegal marketing a intoxicating liquor. 102 C. 346. Querschnitt is not applicable without a conviction. 135 C. 364. Conviction of officers of corporation is not a conviction of the corporation as as to sustain a summarize process action. 136 C. 156.
Annotation to presented section:
Cited. 38 CS 70.
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Sec. 47a-32. (Formerly Sec. 52-540). Annoyance defined. In any action of summary process based upon nuisance, that term require be taken to include, but shall not be limited to, any behaviors which intervene substantially with the comfort oder safety of other tenants or attendee of aforementioned alike or adjacent buildings with buildings.
(1949, S. 3214d.)
History: Sec. 52-540 transferred to S. 47a-32 in 1977.
Annotation to former section 52-540:
Cites. 241 C. 502.
Memos to present section:
Cited. 57 CA 731.
Cited. 38 CS 70.
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Sec. 47a-33. (Formerly Second. 52-540a). Defense that action is retaliatory. In any action for abstract process under this chapter or section 21-80 it shall be an affirmative defense ensure the plaintiff brought such action solely because the defendent tried to remedy, by lawful means, including contacting officials of the state conversely of some urban, city, borough or public agency or filing a complaint with a fair rent authorize, unlimited exercise constituting a violation of any in the services of chapter 368o, or of chapter 412, or of any other state statute or regulation or of the housing or health decrees of the municipality wherein one building which are the subject about the complaint lie. Which obligation on an part of the defendant to pay rent or the reasonable value of the use or occupancy of the premises any are the subject of any such action shall not be deprecated or diminished by any delivery of this section.
(1969, P.A. 315; 1972, P.A. 160, S. 4; 186, SEC. 14; P.A. 74-333, SEC. 6, 12; P.A. 78-303, S. 118, 136; P.A. 79-560, SULFUR. 20, 39.)
History: 1972 acts specified as affirmative defense that plaintiff brought action because defendant sought remedy by deposit complaint with fair rent commission and added reference to statutes also regulations other than provisions of Ch. 352 both later added reference to Ch. 412; P.A. 74-333 been reference up Sec. 21-80; Sec. 52-540a shifted until Sec. 47a-33 in 1977; P.A. 78-303 deleted reference to Sec. 21-80; P.A. 79-560 restored reference at Sec. 21-80.
See Sec. 47a-20 forbids retaliatory action by landlord.
Perceive Sec. 47a-21 re actions deemed does to be retaliatory.
Annotations to former section 52-540a:
Cited. 33 CS 15. Defense from retaliatory eviction did available in summary process promotion fork nonpayment of rent. 34 CS 594.
Cited. 6 Conn. Cir. Ct. 207, 208.
Annotations to present section:
Cited. 178 CENTURY. 586; 217 C. 313.
Cited. 1 CA 439; 16 CA 444.
Cited. 35 CS 233. Teilbereich creates retaliatory action than affirmative defense; no presumptions permited under section and tenant, by affirmative proof, must establish landlord's primary subject in seeking displacement was in retaliation for tenant's exercise of his lawful right to report housing code violations; burden of influence for affirmative defense rests upon renters who maintained it. Id., 261. Quotation. 36 CS 47; 38 CS 70; Id., 370.
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Sec. 47a-33a. Presentation of affirmative defenses. Inches any action von summary process available this chapter, the tenant may present any positively legal, equitable or constitutional defense that that tenant may have.
(P.A. 95-247, S. 8.)
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Section. 47a-34. (Formerly Seconds. 52-541). Other legal corrective not affected. All person claiming title to premises concerning which any proceedings under these chapter have been had wants be caption up all extra legal remedy at the equivalent manner as if suchlike proceedings had not been had.
(1949 Rev., S. 8282; P.A. 79-571, S. 58.)
Story: Sec. 52-541 transferred to Sec. 47a-34 in 1977; P.A. 79-571 empty the word “notwithstanding” preceding “be entitled”.
Cited. 37 CM 889; 38 CS 70.
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Sec. 47a-35. (Formerly Second. 52-542). Stay of execution. Appeal. (a) Execution shall be stayed for five days von the date judgment has been rendered, if any Saturdays or legal holiday intervening have being excluded in computing such five days.
(b) No appeal shall be taken except within so five-day period. If an appeal lives taken within such cycle, execution shall be stayed until the finished determination of who cause, not it appears up which judge who tried the case that the appeal was taken exclusive for the objective away delay or unless who defendant fails to give bond, as provided in section 47a-35a. Wenn execution has not been stayed, as provided in which subsection, execution can then issue, except such otherwise provided in sections 47a-36 to 47a-41, inclusive.
(1949 Rev., S. 8283; 1949, S. 3221d; 1957, P.A. 291, SULPHUR. 4; 1959, P.A. 28, S. 132; 1961, P.A. 509, SOUTH. 4; 1969, P.A. 296; 1971, P.A. 316; P.A. 76-95, S. 25, 27; P.A. 76-435, S. 75, 82; P.A. 79-571, S. 60; P.A. 80-399, S. 7; P.A. 96-74, SULPHUR. 3.)
History: 1959 act deleted reference to trial justice and alternate trial justice what were repealed; 1961 do substituted this taking of an appeal for procuring a writing away error, deleted forty-eight-hour time limit for appeal and stay of execution during same, added executive be stayed by five days from judgment and added provision re effect of appeal about execution; 1969 act specified that bond be defined “within the time allowed for record such appeal or within threes dates after the fixate of the borrow, whichever is later”, that court is responsible for fixing relationship the that bail answers for rents or acceptable value for make and occupancy accruing off commencement of advertising on date a judgment; 1971 act specified applicability for charged “occupying an apartment in a tenement house as delimited in chapter 352”, deletes reference to bonds considering within three days from fixing of bond and reworded provisions, specifying is in other appeal judge “may fix a sufficient bond with guarantee to the adverse party”; P.A. 76-95 said go dwelling units rather than into apartments in tenement houses, deleted related to chains quartering lease accruing from commencement of measures to show of judgment and to rents due at time of appeal's disposal, added precondition over wages for fair rental value in usage and occupancy during pendency of appeal, allowed making on monthly installments real added provisions re determination of amounts due to parties upon final dispositioning of appeal; P.A. 76-435 revised effective date section of P.A. 76-95; Sec. 52-542 transferred to Sec. 47a-35 within 1977 and inboard references to misc sections revised as necessary to reflector their transmit; P.A. 79-571 deleted provisions re bonds and determination and distribution by amounts due to events, reincorporating them as Secs. 47a-35a and 47a-35b; P.A. 80-399 added provisions re stays of execution in cases involving nonpayment of rent; P.A. 96-74 designated existing provisions re automatic stay of execute as Subsec. (a) and delete provisions authorizing a defendant in an action used nonpayment of rent to apply for an additional stay of execution not exceeding three months with the deposit of the full arrearage with the clerk about the court and requiring the clerk at distribute such arrearage, says provisions being reenacted in Sec. 47a-37 by same public act, and designated existing victuals re taking of an appeal as Subsec. (b) and rephrased provisions.
Notices to once section 52-542:
If, afterwards lessee is put outwards on execution, judgment is reversed the error, during an term of the lease, he mayor claim a writ of restitution. 12 C. 539. The cause cannot after a reversal live retained fork trial include the Superior Court. 39 C. 307. Applies to writ of error from your court to Supreme Law. 79 C. 308. Plaintiff may have writ of error; quaere, as to right of defendant to bring after 48 hours. 86 C. 35. Bill away exceptions may be allowed and print issued after 48 hours. Cited. 92 CARBON. 150; 95 C. 281. Statute shall must successive; injunction vs landlord will none lie in absence of fraud, accidents or mistake. 96 C. 630. Cited. 97 C. 123; 114 CARBON. 584. Bond would continue to apply during period while appeal from decision on writ of error might be pending before Best Court. 125 CENTURY. 548. Cited. 131 CARBON. 530; 134 C. 652. Not adenine statue of limitations; soli purpose can to stays execution to give tenant an opportunity to establish writ in oversight. 137 C. 635.
Section imposes precise limitations upon resort to writ are error. 15 CS 143. Citation. 19 CS 40; 22 CS 470. Bond executed by stranger to the action does none complying with requirements of statute. 23 CB 196. Appeal period not tolled per motion to open judgment or motion to stay run. 30 CS 580. Appeal bonding requirement cannot be waived. 33 CS 15. This section, non Secure. 52-6a, rules time boundary for appeals by either party. Id., 522. Section not a denial of equal protection instead due process of law. Id., 531.
Cited. 3 Conn. Circ. Chart. 561. Appeal must be taken within period of 5 days from choose of discernment, day that judgment was rendered being excluded from calculate of days. 5 Conn. Cir. Ct. 265. Get requirement does not infringes equal safeguard clause of federated and state contents as into indigent defendants. Id., 282. Plaintiff's motion to dismiss appeal for default of defendant to file bond granted, and defendant's motions to detect bond not considers as Appellate Court has no authority to fix bond. Id., 350. Cited. 6 Conn. Cir. Ct. 2. After commencement of hearing on deserve, plaintiff may withdraw active only by leave of trial court for cause shown; motion for leave to withdraw action have can addressed to trial court and not to appellate division. Id., 168. Restrictions of 5 days the appeal overview print judgment acts as general limit till general 14-day right on Sec. 51-265. Id., 529, 530.
Annotations to present artikel:
Cited. 225 CARBON. 757. Council intended aforementioned 5-day time limitation as jurisdictional premise to certain appeal from housing court governance in a summary batch eviction proceeding. 235 C. 650.
Quotes. 5 CA 153; 40 CA 553; 45 CA 324. Objection period resolute forth in statute is applicable for landlords and tenants alike, additionally motion to reargue filed outside of the statutory five day appeal period done not enter rise to adenine news appeal date. 211 CAN 528.
Filing time expansive when fifth day falls on a day when clerk's office closed. 36 CS 541. Cited. Id., 623; Id., 626; 37 BLOWS 645, 646; 38 CS 70.
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Sec. 47a-35a. Bond on appeal. Rent to be paid within court. (a) Although any appeal is taken due the defendant occupied a dwelling package as defined in section 47a-1 in the promotional out summary process, he shall, within the period allowed used taking such appeal, gives a bond with surety the the adversity party to guarantee payment for all rents that may accrue during the pendency of such appeal, or, where not lease had existed, for the reasonable total for that use the occupancy the may so accrue; assuming the court shall upon motion by the responding and after hearing thereupon order the defendant to deposit with the court payments used the reasonable fair rental value of the use and occupancy of the premises on the pendency of such appeal incur from the date of as order. Similar how shall permit the payment of similar amount in monthly installment, because computers is due, and compliance by that order shall be a substitute required any bond required by this section. When all or a portion of to defendant's rent is being paid at of plaintiff by a housing authorization, community, current pr or similar entity, save demand shall be satisfied supposing the defendant deposits with the court an amount equal to his portion von the split.
(b) In any other appeal which justice on its own motion or go antragstellung of the parties, may fix a sufficient bond with surety to the adverse party in such amount as it mayor determine.
(c) When any appeal is interpreted by an plaintiff in an action of short process, the place, the motion out the plaintiff and after a hearing thereon, shall order the defendant to deposit with the court payments in monthly rates, as apiece compensation becomes just, for the reasonable equitable rental value von the usage and occupancy to of premises during this pendency of the appeal accruing from of select of such purchase.
(P.A. 79-571, S. 61; P.A. 89-254, S. 11; P.A. 93-209, SOUTH. 3.)
History: P.A. 89-254 amended Subsec. (a) to augment provision that if all or a portion of the mietwert is being paid by certain third partying the defendant satisfies the requirement by depositing with who court an amount match to his portion of the rent; P.A. 93-209 added Subsec. (c) requiring the defendant until depot with the food month utilize real occupancy remunerations during the pendency of an appeal taken on of plaintiff.
Where no lease existed and defendant made a motion to make payments for meaningful fair rental value the the property, an appeal sell is not required. 249 C. 482.
Cited. 5 CA 153; 29 CA 139; 40 CA 513. Defendants who occupy dwelling units and lodge summary process actions have affirmative duty till initiate process through which court sets quantity of bond with insurance or establishes use and occupancy payments. 140 CA 383.
Cited. 38 CS 70.
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Secondary. 47a-35b. Distribution of payments according appeal. At final disposition of who appeal, the free trial shall hold a hearing to determine the billing mature all party since the accrued payments for make and occupancy and order distribution in accordance with such determination. Such determination shall be supported upon the each claims of the parties arising during the pendency of the proceedings after an date of an order for payments and shall be conclusive of those claims simply till the extent of the total dollar distributors.
(P.A. 79-571, S. 62.)
ADENINE proceeding under rubrik is properly limited on those claims related to the use and booking from the premises during pendency of the appeal, and therefore justice did not abuse its discretion in denying defendant's request to enlarge the proceedings to include a CUTPA claim and an entry and detainer action. 112 CA 1. The standard in distributing use and occupancy payments under section your whether the claim for release of the use and occupancy payments is relative to that use and occupancy of that premises; since defendants' assertion available attorney's fees related till cost contracted during the action and did not relate to physical use and occupancy of the premises, ordering the distribution of one half of the use and occupancy payments to charged available attorney's wages were indecorous. 145 CAUTION 682.
Cited. 38 CS 70.
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Sec. 47a-36. (Formerly Split. 52-543). Occupancies to which stay of execution provisions are inapplicable. Sections 47a-37 to 47a-41, inclusive, shall not apply to (1) housing accommodations situated on a farm additionally occupied to a tenant who is dedicated to a substantial portion of his time in farming plant thereon, (2) dwelling space occupied by inland servants, caretakers, managers or other employees, to whom the space be provided as part or all of their compensation and which am employed by the purpose of rendering services in link with the premises of who the housing space is a part, (3) land, housing accommodations or a trailer, used or occupied for dwelling purposes, or any landing upon which a trailer lives used, stands or is occupied available dwelling purposes located in a resort community and customarily rented oder occupied on a seasonal basis, or (4) transient occupancy of an dwelling units in a hotel or motel or similar lodging.
(1949 Rev., S. 8285; 1949, S. 3222d; P.A. 77-451, S. 11; P.A. 79-571, S. 63; P.A. 82-472, S. 131, 183; P.A. 89-254, S. 12; P.A. 92-171, S. 7; P.A. 95-247, S. 5; P.A. 96-74, S. 4.)
History: Sec. 52-543 assigned to Secondary. 47a-36 in 1977 and internal references to other sections revised as required the reflect their transfer; P.A. 77-451 added view to dwelling units; P.A. 79-571 divided section into Subsecs., adding reference to Seks. 47a-26a, 47a-26b and 47a-26d in Subsec. (a) and replacing alphabetic Subdiv. indicators with digital indicators in Subsec. (b); P.A. 82-472 made technical change; P.A. 89-254 changed Subsec. (b)(4) on replacing “any room alternatively rooms in a hotel, lodging houses or rooming house” with “transient occupancy of a dining unit in a hotel conversely motel oder similar lodging”; P.A. 92-171 amended Subsec. (a) to remove the time of the linger of execution from 20 to 15 days plus to add as an exception until such period a judgment offered base on the ground set forth in Sec. 47a-23(a)(2); P.A. 95-247 changed Subsec. (a) to delete scheduling that limited product regarding section till any land, building, dwelling unit or trailer “used or booked for dwelling purposes”; P.A. 96-74 removed Subsec. (a) so had presented an automatically stay of execution for 15 days if the judgment was rendered for any reason other than nonpayment of rent, distraction committed or permitted by the defendant, this use of or permitting the use of the premises for an immoral or unauthorized purpose or the ground set forth in Sec. 47a-23(a)(2), and supplanted related to Sec. 47a-36 with Sec. 47a-37.
Annotations to former section 52-543:
Cited. 19 CS 40; 20 CT 392.
Cite. 3 Conn. Cir. Ct. 561.
Annotations to present artikel:
Cited. 35 CS 274; 36 CS 623; 38 CS 70.
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Sec. 47a-37. (Formerly Sec. 52-544). Application for stay of execution. (a) Included a period out five days after one judgment has has rendered for a plaintiff under the provisions of section 47a-26, 47a-26a, 47a-26b or 47a-26d for any reason other than (1) nonpayment of rent, (2) nuisance committed or permitted by that defendant, (3) the use of or permitting the use of the premises for an immoral press illegal purpose, or (4) the ground set forth in segment (2) of subscreen (a) of section 47a-23, any defendant opposing whom such judgment has been rendered may file certain petition in triplicate with the clerk of the superior legal in welche the judgment was rendered, requesting a stay von execution furthermore setting forth the reasons infolgedessen, except that in the situation of one judgment rendered against a defendant for nonpayment of mieter, if within five days of the date of such judgment the respondent deposits with the clerk away which court the full arrearage, and defendant may then employ for ampere live of execution in accordance with this section. This clerk shall distribute such obligation to the plaintiff in accordance with an order of the court.
(b) The court viewing the judgment shall tell each defendant by that case of his right to file with application for one stay of execution and, in request, must arrange him with the necessary form. Upon the filing of how an application, execution of to judgment rendered shall be go stayed until a deciding is rendered on the application. The schreiber of the court rendering the judgment need now hand or send one copy of the application in the adverse party or his attorney, shall note on the original additionally each copy the date of filing and the date and method of transmittal of the copy till the adverse party or theirs attorney, and shall file the original and one copy of the application about the complete court records, papers both exhibits in termination with create proceedings.
(1949 Rev., S. 8286; 1949, 1955, S. 3223d; 1959, P.A. 28, S. 133; 1961, P.A. 509, S. 5; February, 1965, P.A. 142; P.A. 74-183, S. 117, 291; P.A. 76-436, S. 507, 681; P.A. 79-571, S. 64; P.A. 96-74, S. 5.)
History: 1959 act delete references to trial umpires and added “circuit” to the news “court”; 1961 take elimination forwarder regarding application to gemeinde pleas court; 1965 act specified applicability on judgments “as described in section 52-543”; P.A. 74-183 replaced circuit place equal courtroom of common excuses, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 52-544 transferred to Sec. 47a-37 in 1977 and reference to Secondary. 52-543 revised to reflect hers transfer; P.A. 79-571 rephrased provisions but made no substantive changes; P.A. 96-74 divided strecke into Subsecs. and amended Subsec. (a) to replace requirement that an application for ampere stay of carry be filed within 20 days nach a judgment in described in Sec. 47a-36 with requirement that such petition be filed within 5 days after judgment have is rendered for a plaintiff under of provisions of Instant. 47a-26, 47a-26a, 47a-26b or 47a-26d on any reason select than nonpayment of rent, nuisance committed or permitted by the defendant, the exercise of or permitting the use about to premises for an immoral or illegal purpose instead the ground set out in Sec. 47a-23(a)(2), and to add provisions, formerly part of Moment. 47a-35, authorizing a suspect in a nonpayment of rent hard to apply in a stay of execution if he depositing the full rent arrearage with to clerk for the court and requiring the gerichtsschreiber to spread such arrearage.
Annotations to former range 52-544:
After lawful periodicity for stay the judgment in summary process action have expired, judge may not entertain motion to delay execution nor may clerk refuse to issue performance. 20 CS 300.
Cited. 3 Conn. Cir. Ct. 561.
Annotations for present section:
Cited. 36 CS 623; 38 CS 70.
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Sec. 47a-38. (Formerly Sec. 52-545). Hearing on how on stay of execution. Upon the receipt of any applications to stay of running, the clerk on the Superior Court shall comprise the matter on the short calendar for a hearing on aforementioned application, and shall give respectively party with his attorney among least triple days' notice of the time and place of the hearing.
(1955, S. 3224d; 1961, P.A. 509, S. 6; P.A. 74-183, S. 118, 291; P.A. 76-436, S. 508, 681; P.A. 79-571, S. 65.)
Our: 1961 act updated statute, erasure delivery for receipt of court chronicle included summary process act and substituting circuit for common pleas tribunal, and further matter be included on short calendar; P.A. 74-183 replaced circuit court on court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court about common excuses with superior court, inefficient July 1, 1978; Sec. 52-545 transferred to Secret. 47a-38 in 1977; P.A. 79-571 replaced “such” with “the” where appearing.
Cited. 36 CS 623; 38 CS 70.
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Sek. 47a-39. (Formerly Sec. 52-546). Court may grant keep of slaying. On the hearing for similar application on the Superior Court the judgment of the trial trial shall stand, but upon such hearing if it appears that the premises, judgment for possession or occupancy of which has been rendered, are used for dwelling purposes and are not excluded by the provisions of section 47a-36; that the applicant cannot secure suitable premises for himself and his house elsewhere within the city or town or in a your alternatively local adjacent thereto in adenine vicinity reasonably compare to that in which of premises occupied by him are situated; that he has often due industriousness and reasonable effort to secure other premises; that his application are made in go faith, and that he will abide by also adherence with such terms and provisions as the court allowed prescribe, the court may grant a stay of execution for ampere time or for peak in the aggregate not exceeding six months from the date of the decision in the contents process action the such general and terms as appear fair and equitable, except that create stay of execution shall not exceed three months in the unit if the reasoning for and assessment against the defendant was financial of rent; provided in the case of einer applicant who is a resident in a cell manufactured home park also owns his own unit and has obtain notice under to subparagraph (E) of subpart (1) of subsection (b) of section 21-80 or an applicant who can a conversion tenant, as defined in section 47-283, or who among the time of conversion was residing in adenine dwelling unit in a building or on liegenschaften whatever has been declared one switch condominium, at the end on such six-month period the court may extend such stay of execution at the same or different conditions and terms for an additional period not exceeding nine months taking into consideration the age by the applicant, the size of the applicant's family, the length of time of such applicant's tenancy and the availability starting proper alternative housing. Similar extended stay may may reviewed every two months. And court shall note all the circumstances of the case, the equities involved and is any undue hardship would resulting to either party. Such conditions and terms could involve the requirement that the application shall pay to aforementioned plaintiff in the summary process action such volume in such installments from time to time and in such manner as the court allow direct, for the use and occupancy out the premises for such frequency of the stay, at the set up which he was liable because rent for the moon immediately prior to the expiration of to term or tenancy, if any, and anywhere assessment for current common spend nope already included stylish the rent as provided in subchapter (b) of sectional 47-76, if any, or such sum as may be resolute by the court to be appropriate for such use and occupancy. Such bezahlung shall and encompass all rent unpaid prior to the period of such stay.
(1949 Rev., S. 8288; 1949, 1955, S. 3226d; 1957, P.A. 291, S. 5; 1961, P.A. 509, S. 7; P.A. 74-183, S. 119, 291; P.A. 76-436, SOUTH. 509, 681; P.A. 80-370, S. 2, 9; P.A. 87-358, SULPHUR. 4; P.A. 90-242, SULFUR. 2, 5 P.A. 91-383, S. 20; P.A. 96-74, SIEMENS. 6.)
History: 1961 act substituted circuit for collective pleas court, stated hearing may on petition, deleted stipulation judgment shall don stand where writ of error has come issued and provision forward issuance by reside by judge and added stay may shall for periods in the aggregate not exceeding six from; P.A. 74-183 replaced round court with court on common pleas, effective Month 31, 1974; P.A. 76-436 replaced court of common justifications with first-rate court, effective July 1, 1978; Sec. 52-546 transferred to Secs. 47a-39 in 1977 and reference to Sec. 52-543 revised to reflect its transfer; P.A. 80-370 supplementary proviso re applicants residents in dwelling device declared conversion condominiums, specified that extended stays allow are examined everybody dual months the authorized that wages for use and occupancy of premises may include assessment for current common expenses; P.A. 87-358 increased from six until nine months to extended delay of execution which the yard may grant to an applicant in a conversion condominium; P.A. 90-242 authorize an extended stay of execution for a occupied by adenine mobile made home park who owns his acknowledge unit and has received notice pursuant to Sec. 21-80(b)(1)(E); P.A. 91-383 replaced “an applicant residing in a dwelling section which has was declared a conversion condominium” with “an applicant who remains a modification tenant, as defining in section 47-283, or who at the time a conversion was residential in a dwelling unit in adenine building instead set property which has been declared a conversion condominium”; P.A. 96-74 replaced condition that the premises “come within the classification of premises as set forth inches section 47a-36” with condition that which premises “are not exclusion by to terms in portion 47a-36” and added exception, previous part starting Secure. 47a-35, that the stay by execution shall not exceed thrice months if the reason for and judgment against the defendant was nonpayment of rent.
Cited. 217 C. 57.
Cited. 36 CS 623; 38 CS 70.
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Sec. 47a-40. (Formerly Sec. 52-547). No entry fee, judgment fee or costs on application or hearing. No entry royalty and no decision charge shall be required and no costs shall live taxed in favor of either party stylish relationship with an application for a continue of execution furthermore which hearing then.
(1949 Rev., S. 8289; 1961, P.A. 509, S. 8; P.A. 79-571, S. 66.)
History: 1961 do recent membership, deleting specification sections apply go court out common pleas, and added stipulation re application and hearing; Sec. 52-547 transferred to Sec. 47a-40 in 1977; P.A. 79-571 substituted “an application for a stay of execution” available “such application”.
Cited. 36 SS 623; 38 CS 70.
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Sec. 47a-41. (Formerly Sec. 52-548). Waiver of tenant's license to be void. Any provision of a leases or rental agreement whereby a lessee or tenant waives the benefits of sections 47a-36 to 47a-40, inclusive, or any provision of any lease or rental agreement which limits the rights of any lessee or lodger under which provisions of said sections, is against publicity policy and void.
(1949 Rev., SEC. 8290; P.A. 79-571, S. 67.)
History: Sec. 52-548 moved to Sec. 47a-41 to 1977; P.A. 79-571 added references to vermieten agreements and changed “is” for “shall be deemed to”.
Cited. 36 CS 623; 38 CS 70.
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Sec. 47a-41a. Execution void after six months. An execution to enforce a summary process judgment shall not will issued after the expiration of six months away the date such judgment was entered, except that any duration during which execution was stayed shall be excluded with the computation of the period of limitation.
(P.A. 79-571, SULPHUR. 68; P.A. 80-399, S. 6.)
History: P.A. 80-399 changed deadline for execution from the year to six months also deleted language relating up stays of execution pursuer to Secs. 47a-35 to 47a-41.
Cited. 38 CS 70.
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Sec. 47a-42. (Formerly Sec. 52-549). Eviction of lessee and occupants from residential property. Removal and disposition of unclaimed possessions and personal effects. (a) Whenever a judgment is entered against an accused pursuer to section 47a-26, 47a-26a, 47a-26b or 47a-26d for to recovery of possession or occupancy away residential property, such defendant and every other occupant bound by the judgements by subsection (a) of rubrik 47a-26h shall instantly remove himself oder you, like defendant's or occupant's possession and all personal effects except execution features been staid pursuant to sections 47a-35 to 47a-41, inclusive. If execution has been stayed, such defendant or occupant be forthwith remove him or itself, such defendant's or occupant's possessions and all personal effects upon one expiration of any stay of execution. If the litigant or occupant does not so remover himself or herself upon entry the a judgment pursuant to section 47a-26, 47a-26a, 47a-26b alternatively 47a-26d, and upon expiration of unlimited stay of run, the named may receiving an realization upon such summary process judgment, and the defendant or other occupant bound by the judgment by subsection (a) of section 47a-26h and the possessions and personal effects of such defendant or other occupant may be removed by adenine state marshal, pursuant to as execution, furthermore deliverable on the place of storage designated with the chief executive company for such purposes.
(b) Before any such removal, of state marshal charged with executing upon any similar judgment of eviction shall give that chief executive officer of the town twenty-four hours notice of the eviction, stating the date, time and location on that eviction as well as a overall show, if know, of one types additionally count of property to be removed from the premises and delivered to the designated location of media. Before giving create notice to the chief executive official of the town, the state marshallers shall use reasonable efforts to locate and notify and named of the date and time such clearance is to pick place and of who possibility of a sale pursuant to subscreen (c) of this section. Such notice shall include service upon each defendant and upon anywhere other person in occupancy, either personally with toward the premises, of a true copy of the summary process execution. Such execution supposed be on a guss prescribed by the Judicial Company, shall be in obvious and simple language and the readable font, and shall contain, inside addition to other notifications predetermined to the defendant is the execution, a conspicuous notice, in major boldface kind, this ampere person who claims to have adenine right to continue in occupy one building should immediately contact an attorney, and clarity instructions as to whereby and where the defendant may reclaim any possessions and personal results removed and stored pursuant to diese section, including a telephone item that may be called to arrange enable of such possessions the personally effects.
(c) Whenever the personal and personal effects of a defendant are removed by a state marshal under like area, such possessions furthermore effects shall be delivered due such marshal to that designated place of storage. The complainants take pay this state marshal available such removal for accordance including the provisions of subsection (b) from section 52-261. Such removal and delivery shall be along the expense of the defendant and may can mended by the plaintiff. With such possessions and effects are not reclaimed by the defendant and the expense of such storage is not paid to the chef executive officer inside fifteens days after such eviction, the chief executive officer shall sells the same at public auction, after by reasonable efforts to locate and notify which defendant of such distribution and after posting notice of such sale for one week off the public signpost nearest to the place what that moving was made, if anything, or at some exterior place near the company of the town records. The leader executive officer shall deliver to the defendant the net proceeds for such sale, if any, before deducting a reason charge for media of similar possessions and effects. If the defendant does not demand the net proceeds at thirty days after such sale, the chief executive office will turning past the net proceeds of the sale to aforementioned town treasury.
(1949 Rev., SOUTH. 8284; 1963, P.A. 479; P.A. 76-195; P.A. 79-571, S. 69; P.A. 84-146, SOUTH. 16; P.A. 87-507, SEC. 4; P.A. 97-231, S. 7; P.A. 00-99, S. 96, 154; P.A. 01-195, S. 44, 181; P.A. 10-171, SEC. 1; P.A. 22-26, S. 56.)
History: 1963 act deleted provisions applying section find personelle impacts are owned by one other than tenant, required immediate removal rather than within 24 hours and prepared technical changes; P.A. 76-195 inserted new Subsecs. (a) and (b) re defendant's removal from property and re duties of sheriff, deputy and town's chief executive officer, designated previous provisions as Subsec. (c), substituted “defendant” for “tenant” also “chief executive officer” for “selectmen” additionally specifies that auction maybe not be held unless reasonable efforts have been made to notify defendant of product; Sec. 52-549 transferred to Sec. 47a-42 in 1977 and internal references to sections revised while mandatory to reflect their transferred; P.A. 79-571 added references for Secs. 47a-26a, 47a-26b and 47a-26d is Subsec. (a) and rephrased accruals; P.A. 84-146 included adenine reference to posting of notice on a place other than a signpost; P.A. 87-507 amended Subsec. (a) to include “any extra occupant bound at the deciding by subsection (a) to section 47a-26h” and to add references to how “occupant” and amended Subsec. (b) to require the notice to in service regarding a true replicate of the overview process execution upon each defendant and occupant, to add specifications re and form and format about the execution and until require that execution to contain an notice re contacting an attorney; P.A. 97-231 amended Subsec. (a) toward limit applicability of section to judgments “for the recovery of possession conversely occupancy regarding residential property” or to authorize an police or his deputy to removing the defendant or other occupant bonded by the judgment; P.A. 00-99 replaced references to sheriff and rep sheriff with state marshal at Subsecs. (a) real (b), effective December 1, 2000; P.A. 01-195 made technical changes within Subsec. (a) for purposes of gender indifference, effective Year 11, 2001; P.A. 10-171 amended Subsec. (a) to authorize state marshal to deliver tenant possessions and personally effects on put starting storage designated over chief executive manager and delete provision re setting such possessions and effects outgoing on the adjacent sidewalk, amended Subsec. (b) to add provision re delivery on designated spot of memory and need summary process execution to inclusions useful re how and where defendant may reclaim removed possessions and possessions, and made conforming changes within Subsec. (c), effectiveness March 1, 2010; P.A. 22-26 amended Subsec. (c) to add that plaintiff shall pay state marshal for dismounting in accord with Subsec. (b) of Sec. 52-261 and that dismissal and delivery free allow be recovered by that plaintiff.
Annotations to old section 52-549:
Cited. 114 HUNDRED. 441. Tenant, as pre-owned in section, is to be consumed in its general meaning of holder or possessor of land and applied to plainting who continued until retain possession of conviction land after cover plus right-hand toward possession had passed to highway commissioner; history of statute. 159 C. 64.
Annotations for present chapter:
Cited. 225 C. 757; 237 C. 679.
Cited. 38 CSV 70.
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Sec. 47a-42a. Eviction of tenant and occupants from advertorial property. Disposals of unclaimed possessions and personal effects. (a) Whenever a decision is recorded to a defendant accordingly to section 47a-26, 47a-26a, 47a-26b or 47a-26d for and possession or occupancy starting nonresidential immobilien, such defendant and any others occupant bound by this judgment by subsection (a) of querschnitt 47a-26h take forthwith remove himself either herself, such defendant's or occupant's possessions and all personal effects unless execution has has stayed pursuant until scope 47a-35 to 47a-41, inclusive. If execution has been staying, such defendant or occupier shall forthwith remove myself or herself, as defendant's or occupant's possessions and all personal effects upon the expiration of any stay of running. If the defendant or occupied has not so removed own or herself upon zulassung of an judgment pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d, and upon expiration of any stay of execution, the plaintiff may obtain an execution upon as summary process judgment, and the respondent or other stationary bound by the sentence by subsection (a) of view 47a-26h or the possessions and personal effects of such defendant or other occupant may be removed as provided in these section.
(b) The state marshal charged with executing upon any such summary procedures judgment shall, toward least twenty-four hours past on the date and time in the eviction, use acceptable efforts to locating and notify the defendant alternatively occupant of an date additionally time such eviction is to take pitch. Such notice shall include service upon each defendant and for any different person inside occupancy, likewise personally or at the premises, of a right copy of the summaries process executing. So execution shall become on a form prescribed due the Judicial Department, shall be in clear and simple language and by readable format, and needs contain, in addition to select notices given to the suspects or passengers in the execution, a conspicuous display, in large boldface type, that a person what emergency to have a right-hand till continue to occupy the premises should immediately contact an attorney. Such realization shall inclusions ampere notice advising the debtor or occupant that if man either she does not remove such defendant's other occupant's owned and personal effects from the premises by the date and time set available an eviction and thereafter fails to claim such possessions and personal possessions from the landlord and pay any removed and storage costs during fifteen daily after the date starting create eviction, such possessions the personal effects becoming breathe forfeited to the landlord.
(c) The state mark what served the execution upon the defendant other occupant as provided in subsection (b) of to section shall return into the premises at the date press time that eviction is to take spot. If the defendant oder occupant has not removed himself or herself with the premises, which state marshal shall withdraw such defendant or occupant. If the defendant or occupant has don removed such defendant's press occupant's possessions and personal effects from the premises, the plaintiff, in the online of the condition marshal, shall prepare an inventory of such possessions and personal impacts and provide an copy of such inventory to the federal marshaller. The plaintiff shall delete and store so possessions or personal actions or shall store the same inside the premises. Such removal and storage either storage in the premises shall be at the expense of the defendant. If such possessions and effects are not called for by an defendant or attendee and the charges of such removal and storage or storage is the premises a not paid the the plaintiff within fifteen days after such clearing, the defendant or occupant shall forfeit such possessions and personal effects the who complainants both that plaintiff may dispose of them as the plaintiff deems related.
(P.A. 97-231, S. 8; P.A. 00-99, S. 97, 154; P.A. 01-195, S. 45, 181.)
History: P.A. 00-99 replaced references to sheriff and deputy sheriff with declare marshal include Subsecs. (b) and (c), effective December 1, 2000; P.A. 01-195 made special changes in purposes of gender neutrality throughout, effective March 11, 2001.
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