Connecticut: Removing a Squatter Before Sale — What Owners Need to Know | Connecticut Estate Planning | FastCounsel
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Connecticut: Removing a Squatter Before Sale — What Owners Need to Know

How to remove a squatter from property in Connecticut: FAQ

This article explains what typically happens if someone is squatting in real property you plan to sell in Connecticut and sets out practical steps you can take to remove them. This is informational only and is not legal advice.

Detailed answer: What happens and how to remove a squatter under Connecticut law

First, identify the occupant’s legal status. An occupant in a property can be one of three broad categories:

  • A lawful tenant with a written or oral lease;
  • A former tenant or licensee who refuses to leave (sometimes called a holdover occupant);
  • A trespasser or “squatter” who claims no valid rental agreement and occupies the premises without permission.

Which category fits will determine the correct legal path. Do not use self-help eviction methods (changing locks, removing belongings, shutting off utilities) — Connecticut law generally prohibits self-help and you can be sued for illegal eviction.

Immediate steps to take

  1. Document possession: take dated photos, note when you first discovered the occupant, record any communications, and preserve any lease, deed, or transfer documents that show your ownership interest.
  2. Try peaceful written notice: send a clear written demand to vacate (keep a copy). If the person is a tenant, the notice type and timing depends on whether they pay rent or have a month-to-month tenancy; if they are a squatter, a demand to vacate still documents your attempt to recover possession.
  3. Contact local police for criminal activity only: if the occupant is committing a crime (break-in, vandalism), call police. Police responses to purely civil trespass claims vary; they often refer landlord/owner issues to the civil courts.

Formal removal: Summary process (eviction) or ejectment

In Connecticut, the usual civil remedy to remove an occupant who refuses to leave is to file a summary process (eviction) action or an ejectment/forcible entry and detainer action in Superior Court seeking possession of the property. If the occupant is a tenant, summary process is the standard route; if the occupant is a squatter or trespasser, courts will still provide a civil action to recover possession.

The court can issue a judgment for possession and, after required steps and any appeal period, the court can authorize a Writ of Possession that the sheriff executes to physically remove the occupant. The Connecticut statutes governing landlord-tenant and summary process matter are collected in the Connecticut General Statutes; see the landlord-tenant provisions for summary process procedures: Conn. Gen. Stat. § 47a-23 and related sections.

When a purchaser is involved (property sale before closing)

If you are selling the property, the buyer will want clear possession at closing. If a squatter occupies the property before the sale, typical options are:

  • Delay closing until you remove the occupant through court action and obtain possession;
  • Close subject to escrow holdback where funds are held until possession is cleared; or
  • Assign the responsibility to the buyer in the contract (buyer then pursues eviction), which most buyers resist unless given a price reduction or indemnity.

Adverse possession concerns

A squatter who remains on land long enough and meets strict legal requirements may attempt to claim title by adverse possession. In Connecticut, adverse-possession claims require the occupant’s possession to be open, notorious, exclusive, hostile (claim of right), and continuous for the statutory period. If you act promptly to remove a squatter, you prevent any meaningful adverse-possession claim. For more on limitations and adverse possession concepts, see Connecticut law on actions to recover real property: Conn. Gen. Stat. § 52-575 (and related sections).

Possible parallel actions

  • File a civil summary process/ejectment action to regain possession;
  • Seek a monetary judgment for damages or rent if appropriate;
  • Bring a quiet title action if the occupant claims ownership and you need to clear title for sale;
  • Consider a trespass or conversion claim if the occupant damaged property or removed your belongings.

How removal is enforced

After you win a court judgment for possession and all appeal periods expire or appeals are resolved, the court issues a Writ of Possession. The sheriff or marshal executes that writ and physically removes the occupant and their belongings if they still refuse to leave. The sheriff can also supervise the return of possession to you. Attempting to enforce possession without a court order risks civil liability and possible criminal charges.

Practical timeline

Timing varies. If the occupant is cooperative, you may resolve matters in days. If you must file in court, expect weeks to several months depending on court schedules, service, hearings, and any appeals. If the occupant asserts complex title claims (adverse possession or conflicting deeds), resolution may take substantially longer and may require quiet-title litigation.

When to involve a lawyer

Contact an attorney if:

  • The occupant claims a legal right to stay (lease, deed, oral agreement);
  • You need possession before a scheduled sale or closing;
  • The occupant asserts ownership or adverse possession; or
  • You anticipate needing to recover damages, remove hazardous conditions, or pursue title litigation.

Even if you want to handle the matter yourself, a lawyer can draft the correct notice to vacate, advise which court action fits, and help obtain a writ of possession without procedural errors that cause delays.

Important note: This article provides general information only and does not constitute legal advice. Laws change and every situation is different. Consider consulting a Connecticut attorney to protect your rights and complete the correct procedures.

Helpful Hints

  • Do not use self-help evictions (locks, utility shutoff) — use the court process to avoid liability.
  • Document everything with dates, photos, and communications. Courts favor clear evidence of ownership and timelines.
  • Check public records (deeds, recorded transfers) and any leases so you know the occupant’s claimed basis to be there.
  • Consider a written demand to vacate before filing court papers; it strengthens your record and sometimes resolves things quickly.
  • If you are selling, coordinate eviction timing with the buyer or escrow agent — buyers often insist on vacant possession at closing.
  • If the occupant claims ownership, consider a quitclaim from the occupant (rarely effective) or a quiet-title action to clear title for sale.
  • Contact the Connecticut Judicial Branch for information on summary process forms and local procedures: jud.ct.gov.
  • Keep safety in mind. If an occupant becomes violent or makes threats, call law enforcement and then consult an attorney promptly.
  • Title insurance sometimes covers unexpected possessory claims; review any title policy if you plan to sell.

If you want help finding a Connecticut attorney experienced in real property disputes or evictions, list your county or city and whether this is a sale or owner-occupied situation, and you can get referral options to local counsel.

Disclaimer: This information is educational only and does not create an attorney-client relationship or constitute legal advice. For advice about your specific situation, consult a licensed Connecticut attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.