Guides
How to apply for a stay of execution in a Connecticut eviction case
General information about Connecticut court procedure, not legal advice.
A stay of execution asks the court to delay an eviction after judgment, to give you time to find somewhere else to live. This guide explains who can apply, the 5-day deadline, and the hearing.
What a stay of execution is
The application asks the court to delay your eviction after a judgment. Filing it does not undo the judgment. If the court grants a stay, you can stay in the home for the period the court sets, usually with conditions.
The deadline
The application is due within 5 days after the date of judgment, and every day counts, including weekends and holidays. If the fifth day lands on a day the clerk's office is closed, the law moves the deadline to the next business day, but do not cut it that close. This window is short on purpose, so act quickly.
If your judgment was for nonpayment of rent
The law adds a step: within the same 5 days, you must deposit the full amount of back rent and use and occupancy owed with the clerk of the court. Depositing it is what makes you eligible to apply. If you believe nothing is owed, bring proof of payment to the hearing.
Who can apply
A stay is not available for every judgment. If the court ruled against you based on nuisance, illegal use of the property, or a finding that you never had a right to live there, the law does not allow a stay. Certain occupancies, such as housing that came with a job or seasonal lodging, are also excluded. If you are unsure whether your judgment qualifies, the clerk can tell you what your judgment says, and the court will decide eligibility at the hearing.
Before you file, check these 3 things
- You have 3 copies of the completed, signed application. The court requires all three; one comes back to you with the hearing date on it.
- The docket number and court location match your case papers.
- The judgment date on your application matches the court's notice.
Filing at the clerk's office
Take all 3 copies to the clerk's office at the court where the judgment entered. There is no fee for the application or the hearing. Filing it pauses the eviction until the court decides your application. Because the deadline is measured in days, hand delivery is strongly preferable to mail.
No copy to deliver yourself
Unlike most court documents, the clerk sends a copy of this application to the landlord's side for you. That is why the court needs all 3 copies.
The hearing
The court schedules a hearing and the copy returned to you shows the date. Go to the hearing. If you do not appear, the court may deny the application. Bring anything that supports what you wrote, such as proof of payments or proof of your search for new housing. The court can grant a stay for a limited period, three months at most when the judgment was for nonpayment and up to six months in other eligible cases, and it can require you to make payments for the time you stay.
What happens next
If the court grants a stay, follow every condition exactly, especially ordered payments; missing one can end the stay. If the court denies the application, the eviction process resumes, and a marshal must still give you notice before an execution is carried out.
Where to get help
Connecticut's Court Service Centers offer free help for self-represented parties. The clerk's office can answer questions about procedure but cannot give legal advice. Legal aid organizations serve people who qualify, and tenants facing eviction may qualify for the state's Right to Counsel program. If you want legal advice, talk to a licensed Connecticut attorney.
ProSay is not a law firm and does not provide legal advice. ProSay is a self-help document preparation service.