Execution and Stay of Execution in Connecticut: The Five-Day Stay, Longer Stays and the Marshal

The last step of a Connecticut eviction is the execution. Here is how the five-day stay works, how a tenant can apply for more time, what the marshal must do and what happens to belongings.

What is the stay of execution?

Execution shall be stayed for five days from the date judgment has been rendered, and any Sunday or legal holiday intervening is excluded in computing the five days. No appeal may be taken except within that period; if one is taken, execution is stayed until the final determination of the cause, unless the judge who tried the case finds it was taken solely for delay or the defendant fails to give the bond the statute requires (Conn. Gen. Stat. 47a-35). The Connecticut eviction timeline calculator counts the stay from your judgment date.

Can a tenant get a longer stay?

A tenant can apply for stays ranging from three to six months under the statutory stay sections, including 47a-37 (applications) and 47a-39 (grounds), and the landlord can move to set one aside under 47a-26i (State Marshal Commission manual). Ask the court clerk or a licensed Connecticut attorney promptly; the application has its own deadlines.

How does the marshal carry out the eviction?

After the stay, the plaintiff may obtain an execution. Before removal, the state marshal must give the town’s chief executive officer 24 hours’ notice of the date, time and place and a general description of the property, use reasonable efforts to notify the defendant, and serve a true copy of the execution on each defendant and occupant, on a form that tells occupants to contact an attorney if they claim a right to stay and how to reclaim their belongings (47a-42(a), (b)).

How long does the landlord have to carry it out?

The execution must be completed within 60 days of the date the clerk signs it, and an execution cannot be issued more than six months after judgment, not counting any stay (manual).

What happens to belongings?

The marshal has the possessions delivered to the place of storage designated by the town, at the defendant’s expense. If they are not reclaimed and the storage cost is not paid within fifteen days after the eviction, the town sells them at public auction after reasonable efforts to notify the tenant (47a-42(c)). The manual notes animals are handled by the town’s animal control officer.

What if a tenant stays after the execution?

The marshal may remove the occupants, but the manual advises seeking police assistance in removing a person, and an occupant who remains after proper notice can be charged with criminal trespass. A landlord that tries to remove a tenant itself, by changing locks, risks an entry and detainer action (47a-43). See self-help evictions in Connecticut.

Example: from judgment to the execution

WhenWhat can happen
Day 0Judgment for possession is entered
Days 1 to 5Five-day stay, not counting Sundays and legal holidays; an appeal must be taken in this period
After the stayThe plaintiff may obtain an execution, if no longer stay was granted
24 hours beforeThe marshal gives the town notice and serves each occupant
Within 60 days of signingThe execution must be completed

What each side should do before the marshal acts

A tenant who wants to avoid the eviction can vacate, ask a licensed attorney about an appeal or a longer stay, or settle with the landlord in writing. A landlord should keep the execution, coordinate with the marshal and not change locks or cut utilities before the marshal acts.

Frequently asked questions

How long is the stay of execution in Connecticut?

Five days from judgment, not counting Sundays and legal holidays.

Can a tenant appeal an eviction judgment?

Yes, but only within the five-day stay period, and the tenant may have to give a bond.

Can a tenant get a longer stay?

Yes, stays of three to six months can be applied for.

How much notice does a marshal give before an eviction?

At least 24 hours’ notice to the town, and reasonable efforts to notify the tenant.

How long are belongings stored?

Fifteen days after the eviction, then sold at auction if not reclaimed and the storage cost not paid.

Official sources

Dealing with a deposit, lease or eviction issue in Connecticut?

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This is general information, not legal advice. It is based on the cited Connecticut statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Connecticut attorney.