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Entry and Detainer as a Cause of Action in Connecticut

An entry and detainer action is a legal remedy in Connecticut designed to address situations where someone wrongfully enters or forcibly retains possession of property. This cause of action protects individuals who have been unlawfully dispossessed of property or land. Unlike eviction actions, entry and detainer claims focus primarily on possession rather than ownership rights.

According to Communiter Break Co. v. Scinto, a plaintiff suing under the forcible entry and detainer statute must prove the following:

  1. Actual Possession of the Land or Property
    The plaintiff must demonstrate that they were in actual possession of the property at the time they were dispossessed. This is a critical element, as the statute only protects those who were actively occupying the property. The court evaluates physical control and use of the property to determine possession.
  2. Forcible Entry or Detainer by the Defendant
    The plaintiff must show that the defendant either entered the property by force or wrongfully retained possession using force or intimidation. Examples of forcible entry include physically breaking into a property or using threats to gain entry. Forcible detainer involves refusing to leave after initially gaining lawful or unlawful access to the property.

The court in Communiter Break Co. emphasized the importance of actual possession, rejecting the defendant’s argument that the trial court’s finding of possession was erroneous. If the plaintiff can prove both actual possession and a forcible entry or detention by the defendant, they may recover possession of the property through this remedy.

Find the Law

The elements of an entry and detainer action were outlined in Communiter Break Co. v. Scinto, 196 Conn. 390, 393 (Conn. 1985), citing Carrier v. Carrier, 85 Conn. 203, 207 (1912):

“A plaintiff suing under the forcible entry and detainer statute must prove his actual possession of the land or property from which he claims to have been dispossessed.”

This remedy ensures that individuals who are wrongfully removed from their property have a means to regain possession, regardless of the underlying ownership dispute.