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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35298
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a past fiancé living in my house. How do I legally go

Customer Question

I have a past fiancé living in my house. How do I legally go about getting him to move out.
He will not go. I am in the state of Connecticut.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Does he pay any rent?.Is there any type of written lease agreement?.Have you given him any type of written notice to move out?..thanksBarrister
Expert:  Barrister replied 10 months ago.
If there is no lease contract, then legally he is a month to month tenant under an oral tenancy agreement and you are his landlord. In CT, in order to terminate a month to month tenancy, you just have to have him served with a 3 day written Notice to Quit to move out..If he doesn't move out in that period, then you can file a formal eviction action, called a summary process, in court to get a judgment and a writ that the sheriff or marshal would execute to physically remove him and his property. This is a very detailed explanation of the process:.The Notice to Quit must be formally served. Service by a state marshal will satisfy this requirement. The fee charged by the state marshal for service is approximately $35.00 to $45.00. After the state marshal serves the Notice to Quit, the original will be returned to you, with the state marshal’s signature, indicating that service was made. This is known as the State Marshal’s Return of Service If your tenant still has not moved after the last day given in the Notice to Quit, you must return to the clerk’s office with the original Notice to Quit, the State Marshal’s Return of Service, and a completed Summons and Complaint. You will need to make 1 (one) original and a copy for each of the tenants/defendants. In addition, you should keep 1 (one) copy of everything for your records. Be sure to indicate in numbers 1 (one) and 3 (three) of either Complaint whether it is an oral or written week-to-week, month-to-month or year’s lease. You must personally return to the court with your completed Summons and Complaint for the clerk’s signature on the Summons. Also, bring the original Notice to Quit with the State Marshal’s Return of Service. The clerk will set the return date on the Summons. The return date is a date from which certain time periods are measured, such as when the defendant must file an Appearance or a Pleading (Response). The return date can be any day of the week except Sundays and holidays. It is not necessary for you to appear in court on the return date because there will be no hearing on that date. After the clerk sets the return date and signs the Summons, you should keep 1 (one) copy of all papers for yourself and give the original and sufficient copies for each defendant to the state marshal, who will serve a copy on each defendant and return the original to you. The fee for this service is approximately $45.00 to $60.00. Once the state marshal returns the original Summons and Complaint to you with the Return of Service noted, you must file them at the clerk’s office with the original Notice to Quit, at least 4 (four) days before the return date on the Summons. When filing these papers, you must pay an entry fee to the clerk. The defendant has 2 (two) full days after the return date to file an Appearance in the case to contest the eviction. If no Appearance is filed by the third day after the return date, you may request a Default Judgment for Failure to Appear. In order to obtain the Default Judgment for Failure to Appear, you must personally come to the clerk’s office to file a Motion for Default Judgment for Failure to Appear and a Military Affidavit. The office will supply you with this form. You must mail a copy of this Motion to the defendant and file the original with the court. Keep 1 (one) copy for your records and make a note of the case docket number. If no appearance is filed and all papers are in order, a judge will enter a Default Judgment in your favor without the necessity of a hearing. You will be notified by mail. If, however, the defendant does file an Appearance but no Response to your Complaint (Pleading), you should personally come to the clerk’s office and file a Motion for Default Judgment for Failure to Plead. The clerk will provide you with this form. This Motion will require that the defendant file some type of Response to your Complaint within 3 (three) days, not counting Sundays and holidays, after the Motion is filed with the clerk’s office. A copy of the Motion must be mailed to the defendant or the defendant’s attorney, if there is one, and the original must be filed with the court. Keep 1 (one) copy for your records and make a note of the case docket number. If no Pleading is filed within this 3 (three)-day period and all papers are in order, a judge will enter a Default Judgment without the necessity of a hearing. You will be notified by mail..In all cases in which the defendant has an attorney to represent him or her, all court documents must be sent to the attorney and not to the defendant..If the defendant files a Response (Pleading), you will receive a copy. If the Pleading is an Answer and Special Defense(s), you must file with the clerk a Reply to the Special Defense(s), and mail a copy to the defendant or the defendant’s attorney. A form for the Reply is available at the clerk’s office. A trial will then be scheduled at which time the case may be heard by a judge. You will be notified of the date and time of the hearing by mail. Be on time and bring all witnesses, receipts, and related documents to the hearing. This is very important or you may lose your case for lack of proof. If a witness will not come to court voluntarily, you may apply for a subpoena at the clerk’s office at least 2 (two) days before the scheduled hearing date. If a judge grants the application, a subpoena will be issued. The subpoena must be served on your witness at least 18 (eighteen) hours before your hearing date and time. The state marshal will charge you a fee to serve the subpoena. On the day of the trial, your case will be called by the courtroom clerk. When your case is called, be sure to tell the clerk that you are present. After your case is called, you will meet with a Housing Mediator, who is a specially trained mediator, who will discuss the case with you and the defendant. The Housing Mediator will assist you and the defendant in working out a fair settlement. If you and the defendant agree on a settlement, the agreement will be reviewed by the judge. If it is approved by the judge, it will be entered on the record as a “Stipulated Judgment.” You will be given a copy of this, which you should be sure to keep. You are under no obligation to settle your case. If you do not work out an agreement, there will be a trial. The judge will hear the case and make a decision based on all of the evidence. The judge will either announce the decision in court or you will be notified by mail..If a judgment for immediate possession is entered in your favor, either by default or after a hearing, the defendant has a 5 (five)-day Stay of Execution, not counting intervening Sundays, legal holidays, or the date of judgment..If the defendant has not vacated the premises after the 5 (five) full days expire or applied for an additional Stay, as outlined above, you may obtain from the clerk’s office a Summary Process Execution. The Execution must be completed by you and given to the clerk for signature. After the Execution is returned to you, you must give it to a state marshal for service on the defendant. The Execution informs the defendant that they must vacate the premises within a minimum of 24 (twenty-four) hours or be physically removed from the premises and that if the defendant does not move the defendant’s possessions and personal effects they will be removed by the marshal and stored at the defendant’s expense. If the defendant does not claim those belongings, they may be sold by the town...thanksBarrister

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