§ 42-160 — Owner's lien upon defaulting occupant's property. Removal of motor vehicle, vessel or trailer. Regulations.

Connecticut § 42-160

• Jurisdiction: Connecticut
• Title 42: Business, Selling, Trading and Collection Practices
• Ch. 743: Self-Service Storage Facilities

Text

(a) The owner of a self-service storage facility shall have a lien upon all personal property located at such facility for (1) the amounts of any rent, labor or other valid charges incurred in relation to such personal property, (2) any valid expenses incurred in the necessary preservation of such personal property, and (3) any expenses reasonably incurred in the sale or other disposition of such personal property pursuant to law. Such lien attaches on the date of default by the occupant. Notwithstanding the provisions of section 42a-9-333, such lien shall not have priority over a lien or security interest which has attached or been perfected prior to such default. (b) If such personal property is a motor vehicle, the owner of a self-service storage facility shall contact the Department of Motor Vehicles in such manner as the commissioner shall prescribe for the purposes of determining the existence and identity of any lienholder and the name and address of the owner of the motor vehicle, as shown in the records of the department. The owner of a self-storage facility shall send a written notice to the Commissioner of Motor Vehicles stating (1) the vehicle identification number of such motor vehicle, (2) the date such motor vehicle was left with the owner of such storage facility, (3) the date of default by the occupant, (4) the amount for which a lien is claimed, (5) the registration thereof if any number plates are on the motor vehicle, and (6) the name of the vehicle's owner and the name of the occupant who defaulted, and shall enclose a fee of ten dollars. Such notice shall be placed on file by the Commissioner of Motor Vehicles and be open to public inspection. Within ten days of receipt of such information concerning any lienholder and the owner of such motor vehicle, as shown in said department's records, the owner of such self-service storage facility shall send a written notice to any such lienholder and to the owner, if such owner is not the occupant, by postage paid registered or certified letter, return receipt requested, stating that such motor vehicle (A) is being held by such facility owner, and (B) has a lien attached pursuant to this chapter. Any sale of a motor vehicle under the provisions of this section shall be void unless the written notice to the commissioner required by this subsection has been given. (c) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54, to (1) specify the circumstances under which title to any motor vehicle abandoned at a self-storage facility may be transferred, and (2) establish a procedure whereby the owner of a self-storage facility may obtain title to such motor vehicle. (d) If such personal property is a vessel, the owner of a self-service storage facility shall follow the requirements of sections 49-55 to 49-59 , inclusive. (e) If such personal property is a motor vehicle, vessel or trailer, and any rent, labor or other valid charges incurred in relation to such personal property remains unpaid or unsatisfied for at least sixty days, the owner of a self-service storage facility may have such personal property towed from the self-service storage facility by an insured tower. Any owner that complies with the provisions of this subsection need not comply with the provisions of subsections (b) to (d), inclusive, of this section.

Legislative History

(P.A. 81-428, S. 2; P.A. 01-132, S. 172; P.A. 09-187, S. 46; P.A. 13-13, S. 2; P.A. 17-79, S. 19; P.A. 22-70, S. 2.) History: P.A. 01-132 replaced reference to Sec. 42a-9-310 with Sec. 42a-9-333; P.A. 09-187 designated existing provisions as Subsec. (a), added Subsec. (b) re procedures and duties of facility owner for attaching lien when personal property is motor vehicle and added Subsec. (c) re regulations for transfer of title to abandoned motor vehicle, effective January 1, 2010; P.A. 13-13 added Subsec. (d) re vessel requirements, effective July 1, 2013; P.A. 17-79 amended Subsec. (b)(6) by increasing fee from $5 to $10, effective January 1, 2018; P.A. 22-70 amended Subsec. (a) by dividing existing provisions into Subdivs. (1) to (3), made technical changes in Subsec. (c) and added Subsec. (e) re towing of motor vehicle, vessel or trailer, effective July 1, 2022.