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

Waterbury, CT |

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.

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Attorney answers 2

Best Answer
Posted

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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Asker

Posted

If I do not appear and the default remains, how long do we have to move out "legally"? We are moving, but it is not until the following weekend, which is about 5-6 days after the hearing. Also, the eviction was against my spouse and I, but he is only named on the lease, never signed it., yet named in the suit. Will the default be placed upon him, even though he did not lease the premesis?

Posted

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. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I do five my 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Asker

Posted

This is not possible. I am moving on the 10th, 800 miles away. The landlord wants me out (frivilous reasons, he has always been paid and receives check just doesn't cash them) and received my notice to vacate (work related job transfer) at the same time I submitted my answer to the court to the original complaint.

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