To evict a family member in Connecticut, you have to use the same summary process the law requires for any other tenant: serve a written Notice to Quit, then file an eviction case in the Housing Session of Superior Court if they don’t leave. A relative who lives in your home with your permission is legally an occupant with tenant rights, even without a lease and even if no rent ever changed hands. The court filing fee is $175, marshal fees are extra, and the full process typically runs several weeks.
Your Relative Is a Tenant Under Connecticut Law
This is the piece most homeowners get wrong. When a parent, adult child, sibling, or cousin moves in on a handshake, Connecticut treats them as a tenant-at-will. If their permission to stay has ended, the statute puts them in the same category as any other occupant whose right to remain has terminated.1Justia. Connecticut General Statutes 47a-23 – Notice to Quit Possession or Occupancy of Premises
You cannot simply tell them to leave and expect the law to back you up if they don’t. Removing them requires the formal summary process. Deciding they aren’t “really” a tenant because they’re family is the single most common mistake in these cases, and it’s the one that can cost you money in court.
You Need a Legally Recognized Reason
Wanting the space back or being tired of the arrangement is not enough on its own. Connecticut requires a statutory ground. The most common ones in family situations are:1Justia. Connecticut General Statutes 47a-23 – Notice to Quit Possession or Occupancy of Premises
- Nonpayment of rent, if you had an agreement (even verbal) that they would pay. Residential tenants get a nine-day grace period after rent is due before you can start the process.2Justia. Connecticut General Statutes 47a-15a – Grace Period for Residential Rent
- Violation of the agreement or house rules, such as damage to the property or unauthorized occupants.
- Nuisance behavior that interferes with others’ safety or use of the property.
- Illegal activity on the premises, typically substantiated with police reports.
- Termination of the right to occupy. This is the catchall that covers most family situations with no formal lease: they had permission, that permission has ended.
Whichever ground you pick, gather evidence before you file. Payment records if rent is at issue. Dated photos and witness accounts for damage or nuisance. A judge will want proof, not a family narrative.
Step One: Serve the Notice to Quit
Before you can file anything in court, you have to deliver a written Notice to Quit. It must state your name, the property address, the date the family member must vacate, and the reason for eviction in language that tracks the statute. The notice has to give them at least three days before the move-out date.1Justia. Connecticut General Statutes 47a-23 – Notice to Quit Possession or Occupancy of Premises
A text message or a handwritten note taped to the door will not do the job. Neither will a Notice to Quit that uses the wrong statutory reason or leaves out required information. Defects at this stage can get your case thrown out later.
Have the Notice to Quit served by a state marshal. The marshal returns the original notice to you with a completed return of service confirming delivery, which becomes your proof if the family member later claims they were never notified.3Connecticut Judicial Branch. A Landlord’s Guide to Eviction Summary Process
Step Two: File the Summons and Complaint
If the family member is still there after the Notice to Quit expires, you file a Summons and Complaint with the Housing Session of Superior Court. The Summons notifies them of the lawsuit; the Complaint sets out the facts and legal grounds. The filing fee is $175.4Connecticut Judicial Branch. Court Fees
A state marshal or other proper officer must serve these documents, and the marshal then files a return of service with the court.5Connecticut Judicial Branch. Summons Summary Process (Eviction) Form JD-HM-32 Marshal fees are separate from the filing fee and vary.
The Court Hearing
Once served, the family member has two days after the Return Date to file an Appearance with the court. To contest the eviction, they also have to file an Answer responding to the Complaint.6Connecticut Judicial Branch. A Tenant’s Guide to Eviction Actions If no Appearance is filed, you can seek a default judgment.3Connecticut Judicial Branch. A Landlord’s Guide to Eviction Summary Process
At the hearing, you present your evidence for the grounds you claimed. The family member can raise any legal, equitable, or constitutional defense. One to know about: if the eviction looks like retaliation for something they had a right to do, such as reporting code violations or requesting repairs, the court can dismiss the case. Connecticut prohibits retaliatory eviction for six months after a tenant exercises certain protected rights.7Justia. Connecticut General Statutes 47a-20 – Retaliatory Action by Landlord Prohibited
On the day of trial, both sides are offered free mediation with a trained court mediator before the case is heard. Mediation is voluntary, and no one can force an agreement, but many family cases settle this way. It’s often worth agreeing to.8Connecticut Judicial Branch. A Guide to Housing Matters
After Judgment: Stays and Lockout
Winning the case does not produce an immediate lockout. Connecticut automatically stays execution for five days after judgment, excluding Sundays and legal holidays. In that window, the family member can appeal or leave voluntarily.9Justia. Connecticut General Statutes 47a-35 – Stay of Execution
The court can extend the stay: up to six months in most cases, or up to three months if the eviction was for nonpayment. These extensions are discretionary and depend on what the judge considers fair. In family cases involving elderly parents, relatives with disabilities, or people who would face real hardship finding housing, expect the possibility of a lengthy stay.
If the family member has not left and no stay is in effect, you apply for a Summary Process Execution. Only a state marshal can carry out the physical lockout, and the marshal must make reasonable efforts to give at least 24 hours’ notice of the date and time.10Connecticut Department of Administrative Services. State Marshal Commission Manual – Section 6 Evictions Summary Process You do not participate in the removal itself.
What Happens to Belongings Left Behind
If personal property is left after the lockout, the marshal arranges to move it to a storage facility designated by the municipality. You typically front the cost of the movers and the marshal’s time, which is capped by statute at $100 per hour, though the evicted person is legally responsible for reimbursement and you can sue to recover.11Connecticut General Assembly. Landlords’ Responsibilities for Abandoned Property
The former occupant has 15 days from the eviction to claim their property and pay the storage costs, or the municipality can sell the items at public auction. Many people miss that window because they don’t know it exists, so it’s worth telling them.
Do Not Change the Locks or Cut Off Utilities
This is where family evictions go badly wrong. Changing the locks while the person is out, boxing up their belongings on the porch, shutting off the heat or water: Connecticut treats every one of these as an illegal eviction, no matter how justified the frustration feels.
Under the forcible entry and detainer statute, someone who has been illegally locked out or had their property removed can sue in Superior Court and recover double their actual damages plus court costs.12Justia. Connecticut General Statutes 47a-46 – Damages for Forcible Entry and Detainer Cutting off essential services carries its own penalty: the tenant can terminate the agreement and recover up to two months’ rent or double actual damages, whichever is greater, plus reasonable attorney’s fees.13Connecticut General Assembly. Connecticut General Statutes Chapter 830 – Rights and Responsibilities of Landlord and Tenant A court can also order the person restored to the property.14Justia. Connecticut General Statutes 47a-43 – Complaint and Procedure Forcible Entry and Detainer
The formal process exists precisely so you do not end up owing money to the relative you were trying to remove.
What This Will Cost
The $175 court filing fee is the starting point. Add state marshal fees for serving the Notice to Quit and the Summons and Complaint, and again for carrying out the lockout if it goes that far. If belongings are left behind, budget for movers and the marshal’s hourly rate up to $100 an hour. Attorney fees are on top of all of that if you hire one. A contested case that goes to trial costs significantly more than one that resolves through mediation or default.
Practical Realities in Family Cases
The steps are identical to any eviction, but two things make family cases harder in practice.
The first is documentation. Nobody drafts a lease when a sibling moves in. That gap makes nonpayment and rule violations harder to prove. If a family member is currently staying with you under an informal arrangement, putting the basic terms in writing now (amount of rent if any, house rules, expectations) protects everyone if things later fall apart.
The second is dependency. Judges pay attention to whether the person being evicted has anywhere to go. An elderly parent, a relative with a disability, or someone with no realistic housing options may receive an extended stay of execution. Winning the case does not always mean a quick move-out date, and going in with that expectation prevents ugly surprises.
Finally, watch your own conduct from the moment you decide to pursue eviction. Reducing the family member’s access to shared spaces, removing amenities, or making the home hostile can be treated as constructive eviction. Filing shortly after they complained about unsafe conditions opens the retaliation defense. Clean conduct through the process is often what separates a winning case from a losing one.