Mobile Home Evictions in CT: A Basic Overview for Landlords
Posted on by Colin Mahon
In Connecticut, eviction cases are referred to as summary process actions, and they are generally governed by the Connecticut Landlord Tenant Act. Special rules apply to evictions for tenants (or residents) living in mobile home parks, depending on whether the resident owns their mobile home. These rules are found in the Mobile Manufactured Home Act, or Chapter 412 of the General Statutes. This article offers a basic overview of mobile home evictions and what park owners can expect when a case goes to court, focusing on situations where the resident rents the land but owns their home.
Serving a Pretermination Notice
Eviction cases involve several steps. The first step, if necessary, is serving a pretermination notice. This notice informs the tenant that they are in violation of the lease or rules and regulations, providing a description of the violations and giving the residents a minimum of thirty days to remedy them. While it is recommended that a marshal serve the notice, it is not required by statute.
For mobile home parks, a pretermination notice is required when the resident is in material non-compliance with the lease or rules and regulations, or if the resident refuses to agree to a rental increase. No pretermination notice is needed for serious nuisance situations, which include inflicting harm or threatening imminent harm other residents, willfully destroying the premises, posing an immediate and danger to other residents, selling illegal drugs, and engaging in prostitution.
Serving a Notice to Quit
After the pretermination notice, the next step is to serve a notice to quit. For non-payment of rent cases, this notice must include a statement detailing the rental arrearage owed and inform the tenant that they can reinstate if the past due rent is paid in full within thirty days of being served. However, if the tenant has already reinstated in the last twelve months by paying an arrearage after service of a notice to quit, they do not have a statutory right of reinstatement, and no disclaimer is required.
All adult occupants and owners should be included in the notice to quit. It is recommended that the park owner conducts a title search on the land records to identify any owners not on the lease or to ensure no transfers have occurred since the last lease was signed. Including all owners is important in case the matter goes to judgment and the park needs to start an abandonment petition.
How Long Does the Tenant Have to Vacate Premises?
For non-payment cases, the notice to quit must give a minimum of thirty days to vacate the premises, counted from the date of service. For rules violation and other cases, the tenant must be given at least sixty days to vacate. In rare instances where a resident is being evicted because the park intends to change the use of the land, the notice to quit must be served at least 545 days before the quit date. For all evictions, the park must also include a special notice about the tenant’s right to counsel along with the notice to quit.
Starting a Lawsuit
If the resident fails to vacate or reinstate in time, the park’s next step is to start a lawsuit by preparing a writ, summons, and complaint. These documents are served on the tenant and filed with the court. Documents must be served at least six days before the return date and returned to court at least three days before the return date, which triggers all filing deadlines.
The complaint details the allegations that give rise to the eviction action, including the property in question, lease terms, the act of non-payment or violations at issue, and notice to quit details. Each complaint requests that the court orders the landlord to take repossession of the lot. The court that has jurisdiction to hear the case depends on where the home is located.
The tenant must file an appearance and answer the complaint within two days after the return date. If the tenant fails to do this, the landlord can file a motion for default, potentially allowing the landlord to take the case to judgment faster than going to court and trial. Park owners should always obtain residents’ birthdays and social security numbers, as these are necessary for a military search whenever a default is filed.
Mediation & Trial
If the resident appears in the case and responds, the matter will generally be assigned for a hearing and trial date. The turnaround time is usually two to three weeks, but it depends on the court. All housing issues will be directed to a housing mediator employed by the court, who will try to resolve the case without going to trial. The mediator often emphasizes two options: a final stay of execution with a move-out date or a non-final stay of execution with a payment plan. Many landlords choose the second option. However, for troublesome tenants or chronic late payers, the park may insist on the former option.
Landlords who agree to a payment plan will understandably want to recoup their costs and legal fees. Under recent Statewide Housing orders, this is only permitted if the lease allows the recovery of such expenses, and any request for legal fees is always subject to court review. Fees that are too high or unreasonable are often rejected, with many courts only allowing fees up to $750.00.
If mediation is unsuccessful, the parties can expect a formal trial, usually held the same day as mediation. The Middletown housing court, however, will generally hold trials later. At trial, parties must have their evidence ready, including testimonial evidence from witnesses and documentary evidence in the form of the lease, ledger, payment history, and photographs of rules violations, if appliable. In contested cases, the landlord or a representative should plan to attend.
The park has the burden of proving its case. A judge will preside over the trial. There are no jury trials for housing cases. While the rules and procedures are streamlined, many judges have their own idiosyncrasies and unique ways of handling a case. After trial, the court will issue an order granting or denying repossession of the property. If repossession is granted, the tenant has five days to appeal. Once the appeal period expires, the landlord can apply for an execution with the court. Once the form is signed by the clerk, a marshal can arrange to forcibly remove the resident and their belongings from the home, with items moved to a location designated by the town by movers hired by the marshal. The landlord must bear the cost of any moving expenses. Of course, the marshal is unable to move the mobile home itself. In such situations, the landlord can take advantage of the abandonment statute, but that discussion is beyond the scope of this article.
There are many statutes that address evictions in the mobile home context. Park owners should familiarize themselves with these statutes. Most importantly, they should hire an attorney who understands the nuances of the housing courts. There are many traps for the unwary, and the courts will generally defer to the tenants when questions arise. It is critical that the paperwork is done correctly, or the case will be dismissed and the landlord will have to start from scratch.
Additional basic information about the housing court process can be found on the judicial website. This link should be used for informational purposes only and an attorney should always be consulted for specific legal advice.