Objecting to a motion for use and occupancy payments

The 5-day clock, and when it starts

If you file an objection within 5 days of the date the motion was filed, the court holds a hearing before entering any order. If you do not, the court orders the payments without a hearing, and you are notified by mail.

When the clock starts depends on how the motion reached you:

• If it was filed in the existing case after you appeared, the 5 days run from the filing date. You can find out the date the motion was filed by calling the clerk's office.
• If the marshal served it on you together with the Complaint, it counts as filed on the day you file your Appearance. Your Appearance starts this clock.

An objection filed after the 5 days is still heard, but the payment order enters first, and the hearing then decides whether it stands or changes.

Filing this motion does not pause your other deadlines: your Answer is still due on its own clock.

How the amount is set

The baseline is the last agreed-upon rent. At a hearing, the standard is the fair rental value of the home, and the last agreed-upon rent is treated as evidence of that value; the party claiming a different amount has the burden of proving it. The order can allow payment in monthly installments, and either party can later move to change the amount for cause.

If a housing authority, municipality, or state agency pays all or part of your rent, you deposit only your own share, not the full amount.

Reasons people object

An objection states facts about the amount. The reasons courts hear include:

• The amount requested is more than the last agreed-upon rent
• Part of the rent is paid by a housing authority or agency, so only your share should be deposited
• The condition of the home makes the requested amount more than its fair rental value
• The landlord already holds money that should count

State the numbers: "My rent is $1,400. The motion asks for $1,600" does the work.

How to file the objection

The objection section is on the motion form itself (page 2 of form JD-HM-27). State your reasons in the space provided, complete the certification, and make two copies. File the original with the clerk, mail a copy to the landlord or the landlord's attorney, and keep a copy for your records.

If an order enters

The court's notice states the amount, the date payment must reach the clerk, and what happens if it does not. Take the payment date seriously: under the statute, a missed ordered payment moves the case toward judgment within days. If the amount becomes wrong later, the motion to modify for cause is the tool.

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.