(a) If the sole occupant of a dwelling unit subject to a monthly lease or a lease for a term has died and the landlord has complied with any provisions of any such lease permitting termination upon the death of the occupant, the landlord may elect to act in accordance with the provisions of this section. If the landlord elects to act in accordance with the provisions of this section, such landlord shall send notice to the emergency contact designated by the occupant, if any, and to the next of kin of such occupant, if known, at the last-known address both by regular mail, postage prepaid, and by certified mail, return receipt requested, stating that (1) the occupant has died, (2) the landlord intends to remove any possessions and personal effects remaining in the premises and to rerent the premises, (3) the emergency contact or next of kin should immediately contact the landlord or Probate Court for the district in which the dwelling unit is located for information as to how to reclaim such possessions and personal effects, and (4) if such possessions and personal effects are not reclaimed within sixty days after the date of such notice, such possessions and personal effects will be disposed of as permitted by this section. The notice shall be in clear and simple language and shall include a telephone number and a mailing address at which the landlord can be contacted and the telephone number of such Probate Court.

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Terms Used In Connecticut General Statutes 47a-11d

  • Action: includes recoupment, counterclaim, set-off, cause of action and any other proceeding in which rights are determined, including an action for possession. See Connecticut General Statutes 47a-1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Dwelling unit: means any house or building, or portion thereof, which is occupied, is designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of one or more persons. See Connecticut General Statutes 47a-1
  • Executor: A male person named in a will to carry out the decedent
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Landlord: means the owner, lessor or sublessor of the dwelling unit, the building of which it is a part or the premises. See Connecticut General Statutes 47a-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Premises: means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant. See Connecticut General Statutes 47a-1
  • Probate: Proving a will

(b) (1) If notice is sent by the landlord as provided in subsection (a) of this section, or (2) if the occupant did not designate an emergency contact or the landlord does not know any next of kin of the occupant, the landlord shall file an affidavit with the Probate Court having jurisdiction concerning the possessions and personal effects of the deceased occupant. Such affidavit shall include the name and address of the deceased occupant, the date of death, the terms of the lease, and the names and addresses of the emergency contact, if any, and the next of kin, if known.

(c) If the landlord acts in accordance with the provisions of this section, the landlord shall not be required to serve a notice to quit as provided in § 47a-23 and bring a summary process action as provided in § 47a-23a to obtain possession or occupancy of the dwelling unit. Nothing in this section shall relieve a landlord from complying with the provisions of sections 47a-1 to 47a-20a, inclusive, and sections 47a-23 to 47a-42, inclusive, if the landlord knows, or reasonably should know, that the dwelling unit has not been abandoned.

(d) On or after thirty days after the date of the filing of the affidavit pursuant to subsection (b) of this section, the landlord shall inventory any possessions and personal effects of the deceased occupant in the premises and shall file a copy of such inventory with the Probate Court under subsection (b) of this section. The landlord may not remove such possessions and personal effects until fifteen days after such inventory is filed. Thereafter, the landlord may remove and securely store such possessions and personal effects for an additional fifteen days. If such possessions and personal effects are not reclaimed by the end of such sixty-day period and the landlord has complied with the provisions of this section, the landlord may obtain from the Probate Court having jurisdiction a certificate indicating that the landlord has filed an inventory in the court pursuant to this subsection and that sixty days have elapsed since the landlord filed the affidavit pursuant to subsection (b) of this section. The landlord may file such certificate and an application, in such form as the Chief Court Administrator prescribes, in the superior court having jurisdiction over the premises of the deceased occupant. There shall be no fee for such filing, and the clerk of such court shall open a summary process file setting forth that the right to occupy has terminated due to the death of the named occupant. Such certificate shall be deemed a judgment of the Superior Court pursuant to chapter 832 and have the same effect and be subject to the same procedures, defenses and proceedings for reopening, vacating or staying a judgment of the Superior Court. After the clerk opens the summary process file and sends a notice of judgment, and after the appropriate stay of execution expires, the landlord may obtain an execution and a state marshal may remove the possessions and personal effects of such deceased occupant pursuant to such execution and deliver such possessions to a place of storage designated for such purposes by the chief executive officer of the municipality in which the dwelling unit is located.

(e) Before the possessions and personal effects of a deceased occupant are removed pursuant to an execution issued under subsection (d) of this section, the state marshal charged with carrying out such removal shall give the chief executive officer of the municipality in which the dwelling unit is located (1) twenty-four-hours’ written notice of the removal, stating the date, time and location of such removal as well as a general description, if known, of the types and amount of possessions and personal effects to be removed from the premises and delivered to the designated place of storage, and (2) a copy of the inventory prepared by the landlord pursuant to subsection (d) of this section, annotated to indicate any items that have been reclaimed. Before giving such notice to the chief executive officer of the municipality, the state marshal shall use reasonable efforts to locate and notify the occupant’s emergency contact, if any, and the next of kin, if known, of the date, time and location of such removal and of the possibility of a sale pursuant to this subsection. At any time prior to the actual sale of such possessions and personal effects, an executor or administrator appointed by the Probate Court or an individual designated by such court in accordance with § 45a-273 may reclaim such possessions and personal effects upon payment to the chief executive officer of the expense of storage. If such possessions and personal effects are not reclaimed within fifteen days after such removal and storage, the chief executive officer shall sell the same at public auction after using reasonable efforts to locate and notify the occupant’s emergency contact or the next of kin, if known, of such sale and after posting notice of such sale for one week (A) on the public signpost nearest to the premises from which the possessions and personal effects were removed, or (B) at some exterior place near the office of the town clerk. The proceeds of the sale shall be applied to a reasonable charge by the municipality for the storage of such possessions and personal effects. Any remaining proceeds shall be turned over to the estate of the deceased occupant or, if no estate proceedings are commenced within thirty days after such sale, the chief executive officer shall turn over the net proceeds of the sale to the State Treasurer, who shall treat such proceeds as escheated property pursuant to part III of chapter 32.

(f) If an application for probate of a will or letters of administration is filed with the Probate Court having jurisdiction concerning the possessions and personal effects of the deceased occupant within fifty-five days of the filing of the affidavit of the landlord as provided in subsection (b) of this section, the Probate Court shall immediately notify the landlord of such filing and any action of the landlord pursuant to the provisions of this section shall cease.

(g) No action shall be brought under § 47a-43 against a landlord who takes action in accordance with the provisions of this section.