Table of Contents Sec. 47a-43. (Formerly Sec. 52-462). Complaint and procedure: Forcible entry and detainer; entry and detainer. (a) When any person (1) makes forcible entry
into any land, tenement or dwelling unit and with a strong hand detains the same or (2)
having made a peaceable entry, without the consent of the actual possessor, holds and
detains the same with force and strong hand or (3) enters into any land, tenement or
dwelling unit and causes damage to the premises or damage to or removal of or detention
of the personal property of the possessor, or (4) when the party put out of possession
would be required to cause damage to the premises or commit a breach of the peace in
order to regain possession, the party thus ejected, held out of possession, or suffering
damage may exhibit his complaint to any judge of the Superior Court. Sec. 47a-44. (Formerly Sec. 52-463). Judge to try issue unless jury moved for
and bond posted. The issue joined on a complaint brought under section 47a-43 shall
be tried by the judge, unless one of the parties, before the issue is joined, moves for a
jury and gives bond with sufficient surety to the adverse party to answer all damages
in case he fails to make his plea good. Sec. 47a-45. (Formerly Sec. 52-464). Summoning of jury. If motion is made for
a jury, the names of the jurors to compose a six person panel to try such cause shall be
drawn, by the clerk of the court in which the case is to be tried, from the jury box in the
same manner as is provided by law in civil cases. A sufficient number shall be drawn
to allow for three peremptory challenges on each side and three peremptory challenges
shall be allowed to each side. The judge shall excuse any juror whom he finds disqualified
to sit on such case. The jury shall be impaneled and sworn to inquire into the complaint
brought under section 47a-43. Sec. 47a-45a. Finding. Judgment. Costs. Title to land not affected. (a) If it is
found (1) that a forcible entry has been made into the land, tenement or dwelling unit,
or (2) that the same are detained with force and strong hand, or (3) that damage has been
caused to the premises or damage to or removal of or detention of the personal property
of the possessor, or (4) that the party put out of possession would be required to cause
damage to the premises or commit a breach of the peace in order to regain possession,
as complained of, the judge shall render judgment that the complainant be restored to,
and reseized of, the premises or that the personal property removed or detained be returned to the complainant, and shall award a writ of restitution accordingly. The complainant shall recover costs from the person complained of. Execution shall be granted
against the person complained of. Sec. 47a-46. (Formerly Sec. 52-465). When double damages allowable. The
party aggrieved may recover in a civil action double damages and his costs against the
defendant, if it is found on the trial of a complaint brought under section 47a-43 that he
entered into the land, tenement or dwelling unit by force or after entry held the same
by force or otherwise injured the party aggrieved in the manner described in section
47a-43.
Sec. 47a-43. (Formerly Sec. 52-462). Complaint and procedure: Forcible entry and detainer; entry and detainer.
Sec. 47a-44. (Formerly Sec. 52-463). Judge to try issue unless jury moved for and bond
posted.
Sec. 47a-45. (Formerly Sec. 52-464). Summoning of jury.
Sec. 47a-45a. Finding. Judgment. Costs. Title to land not affected.
Sec. 47a-46. (Formerly Sec. 52-465). When double damages allowable.
Secs. 47a-47 to 47a-49.
(b) Such judge shall forthwith issue a summons to the party complained of, directed
to some proper officer, to notify him to appear at a specified time and place, within eight
days from the exhibition of such complaint, in the superior court for the judicial district
wherein the injury complained of was done, to answer to the matters contained in the
complaint.
(c) Such summons shall be served upon the party complained of six days inclusive
before the day appointed for trial.
(d) If, after service of such summons, the party complained of does not appear and
defend, the judge shall proceed in the same manner as if he were present.
(1949 Rev., S. 8198; P.A. 76-95, S. 21, 27; 76-435, S. 75, 82; 76-436, S. 409, 681; P.A. 78-280, S. 1, 127; P.A. 79-
571, S. 38; P.A. 80-483, S. 126, 186.)
History: P.A. 76-95 applied provisions to cases of persons damaging premises or damaging or detaining personal
property or cases where person out of possession would have to damage premises or commit breach of peace to regain
possession; P.A. 76-435 revised effective date section of P.A. 76-95, see history for Sec. 47a-1; P.A. 76-436 removed
provisions which had allowed complaints to judges of common pleas court and added reference to judicial districts, effective
July 1, 1978; P.A. 78-280 deleted reference to counties; Sec. 52-462 transferred to Sec. 47a-43 in 1979; P.A. 79-571 divided
section into Subsecs., added references to dwelling units and rephrased provisions; P.A. 80-483 made technical corrections.
Annotation to former section 52-462:
The remedy for a forcible entry and detainer was originally (1698) by proceedings instituted before a justice of the
peace. In 1722 it was provided that they must be brought before two assistants, or an assistant and a justice of the peace,
or two justices of the peace, one of whom must be of the quorum; and the complaint might be a qui tam one. 4 C. 92. Upon
the abolition of the office of assistant, consequent on the adoption of the constitution of 1818, the court consisted of a
judge of the county court and a justice of the peace, and, after the abolition of county courts in 1855, the place of the judge
was supplied by a county commissioner. Such court was held to be one of limited jurisdiction. 18 C. 100. By the revision
of 1875 the proceedings were to be before a single judge. Actual violence, used or threatened, is necessary to constitute a
forcible entry or detainer. 23 C. 515. If some of the defendants are not served with the process, the others cannot object.
4 C. 93. A mere agent cannot sustain a complaint. 23 C. 514. Necessary averments. 17 C. 212; 18 C. 95; 99 C. 127; 100
C. 577. Under former statute, a writ of error lay to the superior court from the judgment of a county commissioner and a
justice of the peace. 46 C. 468−472. Landlord has no right to regain the possession by force when his tenant is holding
over. 52 C. 16. Defendant cannot show title or right of possession in himself or a third person. 85 C. 206. Dispossession
under void execution may constitute. 79 C. 682. This law makes it unlawful for dispossessed owner to retake possession
of his land by force. 99 C. 126. Plaintiff's cause of action based on possession; defendant's denial of plaintiff's possession
does not put title in issue. 100 C. 577. Cited. 150 C. 346−348.
A showing of force or threat of force is required for relief under this section. 10 CS 100; 13 CS 409; 17 CS 19.
Distinguished from civil action under section 52-465. 30 CS 607.
Annotations to present section:
Cited. 190 C. 364−366, 368. Cited. 196 C. 390−393. Cited. 203 C. 103−105, 109. Cited. 209 C. 243, 257, 258. Cited.
221 C. 674, 684.
Boat slip not deemed an appurtenance of the office. 5 CA 235, 236, 238, 239. Cited. Id., 302, 303, 305, 306. Cited. 17
CA 285, 286. Cited. 24 CA 124, 127, 130; judgment of appellate court reversed and case remanded to that court for
consideration of merits of plaintiff's claim challenging decision of inland wetlands commission, see 221 C. 674 et seq.
Cited. 46 CA 112.
Cited. 38 CS 1, 2, 3.
Subsec. (a):
Subdiv. (1) cited. 190 C. 364, 367. Subdiv. (2) cited. Id. Subdiv. (4) cited. Id. Cited. 209 C. 243, 257. Subdiv. (3) cited.
Id. Subdiv. (4) cited. Id. Subdiv. (3) cited. 221 C. 674, 675, 677.
Subdiv. (3) cited. 24 CA 124, 127−129, 131; judgment reversed, see 221 C. 674 et seq. Subdiv. (3) cited. 45 CA 46.
Subsec. (b):
Cited. 203 C. 103, 105.
Subsec. (c):
Cited. 203 C. 103, 105.
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(1949 Rev., S. 8199; 1953, S. 3210d; 1971, P.A. 40, S. 9; P.A. 77-451, S. 4; P.A. 79-571, S. 39.)
History: 1971 act amended section to remove prior option for twelve jurors upon specific request; P.A. 77-451 included
findings that damage was caused to premises or personal property or that personal property was detained or that party out
of possession would have to cause damage to premises or commit a breach of peace to regain possession; Sec. 52-463
transferred to Sec. 47a-44 in 1979 and reference to Sec. 52-462 revised to reflect its transfer; P.A. 79-571 removed all
previous provisions other than provision for trial of complaint by judge, reincorporating deleted provisions in Secs. 47a-
45 and 47a-45a.
Annotations to former section 52-463:
If jury disagree, another may be summoned. 4 C. 93. Taxation of costs. Id., 95. Evidence that complainant has no title
is irrelevant. 4 C. 94. A writ of error is a supersedeas of the writ of restitution. Id., 95; id., 371. Not guilty, a good plea. 18
C. 86. General verdict sufficient. 18 C. 85; id., 101. Each party may challenge two jurors. 20 C. 518. Cited. 150 C. 348.
Distinguished from civil action under section 52-465. 30 CS 607.
Annotations to present section:
Cited. 203 C. 103, 105.
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(1949 Rev., S. 8200; 1953, S. 3211d; 1971, P.A. 40, S. 10; P.A. 79-571, S. 40; P.A. 97-200, S. 2.)
History: 1971 act deleted provisions which had allowed four peremptory challenges for twelve-member juries, the
option for full juries having been abolished; Sec. 52-464 transferred to Sec. 47a-45 in 1979 and reference to Sec. 52-422
revised to reflect its transfer; P.A. 79-571 restated provisions and added provisions formerly found in Sec. 47a-44 re jury
size and re impaneling and swearing of jurors; P.A. 97-200 deleted provision which prohibited drawing jurors from town
in which premises wherein alleged injury took place are situated.
Annotation to former section 52-464:
Distinguished from civil action under section 52-465. 30 CS 607.
Annotations to present section:
Cited. 45 CA 46.
Cited. 40 CS 107, 110.
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(b) If the person complained of is found not guilty, costs shall be taxed against the
complainant and execution shall be granted against the complainant.
(c) The judgment rendered in such proceeding shall not affect or be evidence of the
title to such land, tenement or dwelling unit.
(P.A. 79-571, S. 41; P.A. 80-483, S. 127, 186; P.A. 84-266, S. 1, 4.)
History: P.A. 80-483 made technical changes; P.A. 84-266 amended Subsec. (a) to authorize the judge to render judgment that the personal property removed or detained be returned to the complainant.
Cited. 38 CS 1, 7.
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(1949 Rev., S. 8201; P.A. 76-95, S. 22, 27; 76-435, S. 75, 82; P.A. 79-571, S. 42; P.A. 80-483, S. 128, 186.)
History: P.A. 76-95 allowed recovery of double rather than treble damages and authorized recovery of damages in
cases where defendant "otherwise injured the party aggrieved in the manner described in section 52-462"; P.A. 76-435
revised effective date section of P.A. 76-95, see history for Sec. 47a-1; Sec. 52-465 transferred to Sec. 47a-46 in 1979 and
reference to Sec. 52-462 revised to reflect its transfer; P.A. 79-571 added reference to dwelling units and changed wording
slightly; P.A. 80-483 made technical changes.
Annotations to former section 52-465:
This action for damages is not defeated by proof of title in the defendant. 6 C. 80.
Statute merely provides for damages and costs. 30 CS 607.
Annotations to present section:
Standard of proof required for award of double damages under statute is same as that of other tort cases; judgment of
appellate court in Freeman v. Alamo Management Co. 24 CA 124, 126, 127, reversed. 221 C. 674, 675, 677, 678, 680,
681, 683, 684.
Cited. 24 CA 124, 125, 127, 129, 131−133, 135; judgment reversed, see 221 C. 674 et seq. Cited. 43 CA 1.
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