Conn. Gen. Stat. § 47a § 47a-26h
Persons bound by judgment. Notice. Exemption.
Operative Text
(a) A summary process judgment shall bind (1) the named defendants and any minors holding under them; (2) any occupant who first commenced occupancy of the premises after service of the notice to quit upon which the summary process action was based, unless such occupancy was commenced or continued with the consent of the plaintiff or under a right to occupy equal or superior to the rights of the plaintiff; (3) if the plaintiff has properly named and served each occupant whose presence is known with a notice to quit and a writ, summons and complaint in accordance with the provisions of sections 47a-23 and 47a-23a, any occupant who first commenced occupancy of the premises prior to service of the notice to quit and (A) who the plaintiff and his agents did not know was in occupancy of the premises, or (B) of whose presence the plaintiff or his agent knew but whose name they did not know. If a minor, who is or will be bound by a summary process judgment under subdivision (1) of this subsection, is named in a summary process complaint, the court, upon motion of any party or upon its own motion, may order the name of such minor to be stricken from the record of the action and the clerk shall remove or arrange for the removal of such minor's name from the record of the case maintained on the Internet web site of the Judicial Branch. (b) Upon entry of judgment, the clerk shall mail a notice of judgment to all defendants against whom judgment was rendered. Such notice shall be addressed to the named defendants and any other current occupants and shall contain the names of all defendants against whom judgment was entered, the date of judgment and notice of the right to apply for a stay of execution. The notice shall be on a form prescribed by the Office of the Chief Court Administrator, shall be in clear and simple language and in readable format, and shall include a conspicuous notice to all occupants not named in the judgment, in large boldface type, that any such occupant who claims to have a right to continue to occupy the premises should promptly complete and file with the clerk of the court a claim of exemption from the judgment. If no such notice would otherwise be sent to the premises, an additional notice shall be sent to the premises, addressed to the named defendants “or any other current occupants”. (c) Any occupant not named in the action who claims not to be subject to the summary process action because his occupancy commenced prior to service of the notice to quit or his occupancy commenced or continued with the consent of the plaintiff or under a right to occupy equal or superior to the rights of the plaintiff may, at any time before or after judgment but prior to issuance of an execution, file under oath a claim of exemption from such action. The Office of the Chief Court Administrator shall prescribe a form upon which such claim can be made, which form shall be in clear and simple language and in readable format. Upon the filing of such a claim, the clerk shall schedule a hearing, which shall be held not more than seven days after the date of filing. Execution shall not issue until the court renders its decision on the claim. The claimant shall have the burden of proof to show that his occupancy commenced prior to service of the notice to quit or that his occupancy was commenced or continued with the consent of the plaintiff or under a right to occupy equal or superior to the rights of the plaintiff. The burden of proof shall be upon the plaintiff to show that he did not know of the presence of the occupant or the name of the occupant, as the case may be. For purposes of this chapter, if rent or use and occupancy payments have been made to the plaintiff or his agent by the occupant, the plaintiff shall be deemed to have known of the presence and the name of the occupant. The court shall determine whether the claimant is bound by the action and, if the court finds that the claimant is not bound, it shall declare the claimant to be exempt from the action. In order to obtain a judgment for possession of the premises as part of such action the plaintiff shall serve the previously exempt occupant with a notice to quit possession pursuant to section 47a-23. If the occupant is still in possession after the date to quit possession has passed, the plaintiff shall serve the occupant with an amended writ, summons and complaint adding the occupant as a party defendant to such action of summary process. Any occupant not exempt from the action shall have the same rights and obligations as a named defendant and shall be bound by any judgment. Notwithstanding the provisions of sections 47a-42 and 47a-42a, no summary process execution shall be issued or enforced unless valid execution has been issued against all occupants of the premises, except that such execution may be issued and enforced, without issuing or enforcing execution against other occupants, upon a person against whom a judgment has been entered based upon that person's having conducted himself in a manner which constitutes a serious nuisance by using the premises or any area within fifteen hundred feet of any housing authority property in which such person resides for the illegal sale of drugs, as defined in subparagraph (D) of section 47a-15. (d) Nothing in this section shall in any way limit other remedies available in law or equity to any person, including remedies available after issuance of an execution.
Under Conn. Gen. Stat. § 47a-26h, a Connecticut summary process (eviction) judgment does not automatically bind every person who happens to be living on the premises. The statute defines which occupants are legally bound by the judgment—generally named defendants, those who moved in after the notice to quit was served, and certain unknown occupants—while carving out a formal exemption process for others. A court clerk is required to mail notice of the judgment to defendants and current occupants, and the notice must prominently inform unnamed occupants of their right to file a claim of exemption before any eviction execution is carried out.
Plain English — not legal advice.
Conn. Gen. Stat. § 47a-26h places important obligations on landlords pursuing summary process actions in Connecticut. Compliant operators generally take care to identify and properly serve all known occupants with a notice to quit and the required writ, summons, and complaint, because failure to do so can affect which occupants are ultimately bound by any judgment. Landlords should also be aware that if rent or use-and-occupancy payments have been accepted from an occupant, the statute deems the landlord to have known of that occupant's presence and name, which can affect the outcome of any exemption hearing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Conn. Gen. Stat. § 47a-26h provides important protections for occupants who are not named in a summary process action. If you are an unnamed occupant and believe your occupancy began before the notice to quit was served, or that you occupy with the landlord's consent or under an equal or superior right, you may file a sworn claim of exemption with the court clerk before any execution is issued, and a hearing must be held within seven days. Tenant-rights organizations and legal aid offices can help you understand this exemption process and the rights available to you under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.