I filed a motion to reopen a judgement for eviction, but I am moving the day before the hearing. What do I do?

I am a tenant in an eviction for nonpayment of rent. The landlord has received all monies due to date (in on time payments) though doesn't cash checks since sending the notice to quit . When submitting my answer to the court in June I included an intent to vacate the apt (the 2nd wk of aug). I got a default against me bc I never recd notification of the court hearing. I reopened the judgement with the clerks office and have a hearing on the 13th of Aug which is the same time I am leaving. The LL and his atty have zero contact with me. If I am going to move from the residence do we still have to go to court? On the notification of the new court date it says "motion to open" does that mean this is simply a hearing on whether to reopen the default or not, or is it the actual eviction hearing.

Waterbury, CT -

Attorney Answers (2)

Max L Rosenberg

Max L Rosenberg

Real Estate Attorney - Stratford, CT

Hello, I am an Attorney licensed in Connecticut and New York. My office is located in Stratford, CT. Unlike certain other states, summary process in Housing Court in Connecticut is generally does not allow you to obtain money damages. It specifically limits itself to the issue of residency. If you are already giving up the residency, the only reason to show up for the Motion would be to heal your credit report and insure that you do not hurt your credit score by having an adverse reporting on it. If you do not show up, the Motion will be denied, and you will continue to have a judgment against you. Good luck.

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Rixon Charles Rafter III

Rixon Charles Rafter III

Landlord / Tenant Lawyer - Fairfax, VA

You file a motion to re open and now you are considering not showing up? Bad idea.

Blow off the court appearance and you can forget about overturning the default.

Figure out other moving options and make the court appearance.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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