(a) When any appeal is taken by the defendant occupying a dwelling unit as defined in section 47a-1 in an action of summary process, he shall, within the period allowed for taking such appeal, give a bond with surety to the adverse party to guarantee payment for all rents that may accrue during the pendency of such appeal, or, where no lease had existed, for the reasonable value for such use and occupancy that may so accrue; provided the court shall upon motion by the defendant and after hearing thereon order the defendant to deposit with the court payments for the reasonable fair rental value of the use and occupancy of the premises during the pendency of such appeal accruing from the date of such order. Such order shall permit the payment of such amount in monthly installments, as it becomes due, and compliance with such order shall be a substitute for any bond required by this section. If all or a portion of the defendant's rent is being paid to the plaintiff by a housing authority, municipality, state agency or similar entity, this requirement shall be satisfied if the defendant deposits with the court an amount equal to his portion of the rent.
(b) In any other appeal the court on its own motion or on motion of the parties, may fix a sufficient bond with surety to the adverse party in such amount as it may determine.
(c) When any appeal is taken by a plaintiff in an action of summary process, the court, upon motion of the plaintiff and after a hearing thereon, shall order the defendant to deposit with the court payments in monthly installments, as each payment becomes due, for the reasonable fair rental value of the use and occupancy of the premises during the pendency of the appeal accruing from the date of such order.
(P.A. 79-571, S. 61; P.A. 89-254, S. 11; P.A. 93-209, S. 3.)
History: P.A. 89-254 amended Subsec. (a) to add provision that if all or a portion of the rent is being paid by certain third parties the defendant satisfies the requirement by depositing with the court an amount equal to his portion of the rent; P.A. 93-209 added Subsec. (c) requiring the defendant to deposit with the court monthly use and occupancy payments during the pendency of an appeal taken by the plaintiff.
Where no lease existed and defendant made a motion to make payments for reasonable fair rental value of the property, an appeal bond is not required. 249 C. 482.
Cited. 5 CA 153; 29 CA 139; 40 CA 513. Defendants who occupy dwelling units and appeal summary process actions have affirmative duty to initiate process by which court sets amount of bond with security or establishes use and occupancy payments. 140 CA 383.
Cited. 38 CS 70.