2018 Connecticut General Statutes
Title 47a - Landlord and Tenant
Chapter 832 - Summary Process
Section 47a-26 - (Formerly Sec. 52-534). Failure to appear. Judgment.

If the defendant does not appear within two days after the return day and a motion for judgment for failure to appear and an endorsed copy of the notice to quit is filed with the clerk, the court shall, not later than the first court day after the filing of such motion, enter judgment that the complainant recover possession or occupancy of the 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, S. 3; 1963, P.A. 562; 1969, P.A. 295; 313, S. 2; P.A. 76-59, S. 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 sections 52-542 to 52-548, 51-264 and 51-265; 1963 act added provisions for time limit on defendant's nonappearance and filing of motion for failure to appear and specified procedure when defendant appears but fails to plead; 1969 acts required that all pleadings advance one step within each successive three-day period from previous pleading and deleted reference to “duplicate” copy of notice to quit; P.A. 76-59 added provision requiring that execution to enforce judgment be issued within one year from date judgment was entered, excluding any period during which execution was stayed; P.A. 76-95 required that defendant appear within two rather than three days after return day and added provisions re defendant's deposit of payments for use and occupancy of premises during pendency of action and re court's determination of amounts due each party; P.A. 76-435 revised effective date section of P.A. 76-95; P.A. 77-451 specified that clerk rather than court orders defendant who fails to make required payments to file answer within four days rather than two as was previously the case; P.A. 77-452 referred to superior court's rules for service of pleadings rather than to supreme court's rules; Sec. 52-534 transferred to Sec. 47a-26 in 1977; P.A. 78-280 substituted reference to Secs. 51-197c to 51-197f for reference to Secs. 51-264 and 51-265; P.A. 78-331 substituted “four-day” for “two-day” period in keeping with provisions of P.A. 77-451; P.A. 79-571 deleted provisions other than provision ordering judgment in favor of complainant when defendant fails to appear, reincorporating them in statutes as Secs. 47a-26a to 47a-26g; P.A. 99-157 required the court to enter judgment “not later than the first court day after the filing of such motion” rather than “forthwith” and made provisions of section gender neutral.

Annotations to former section 52-534:

Execution can only run against defendant. 12 C. 261. Assignment of lessor's title, not followed by attornment, no defense. 14 C. 278. Each party may peremptorily challenge 2 jurors. 20 C. 520. Tenant estopped to deny title of his lessor; subsequent “title” defined. 33 C. 156. Forfeiture for nonpayment of rent, how far barred by matter of recoupment. Id., 210. Breach of condition no termination of lease, unless so expressly provided. 34 C. 528. Formerly, after reversal on writ of error, cause could not be entered and retried in Superior Court. 39 C. 308. Certain pleadings in, considered. 73 C. 83. Mere option or equitable right in lessee to renew lease no defense. 75 C. 186; 86 C. 212. Formerly, means to review erroneous action by city court was by writ of error to Supreme Court. 79 C. 308, see also 86 C. 32. Effect of failure to plead notice to quit. 79 C. 100. Estoppel from withdrawal of action and acceptance of rent. 80 C. 504. Justification under new void lease held demurrable. 86 C. 32. Waiver of condition broken is a defense. 92 C. 144. Formerly, writ of error was proper method of review; Id., 150; and was brought under Sec. 52-274; 96 C. 626; appeal will be erased from docket on motion; 95 C. 69; errors must be specifically assigned. 91 C. 671; 102 C. 696. Relief in equity against process. 93 C. 638; 96 C. 630; Id., 645. Rulings on evidence may be reviewed only by bill of exceptions setting forth all circumstances surrounding each ruling. 102 C. 696; 104 C. 293. Remedy limited to cases where issue of termination of lease presents simple question of fact; does not include cases involving questions de construction of leases. 102 C. 695. Formerly, initial review was by writ of error; if such writ was taken to superior or common pleas court, appeal lay therefrom to Supreme Court. 125 C. 543. Cited. 131 C. 530; 134 C. 649.

Formerly, review in summary process was obtained by writ of error. 15 CS 141. Judge of municipal court had no power to order stay of execution of judgment in summary process action; mandamus would not issue to order him to do so. 19 CS 41.

Cited. 3 Conn. Cir. Ct. 561.

Annotations to present section:

Cited. 217 C. 313.

Cited. 1 CA 439.

Cited. 34 CS 699. It was proper to exclude issue of illegality of contract from consideration in summary process. 35 CS 549. Cited. 36 CS 47; 38 CS 70.