Connecticut General Statutes 42-160 – Owner’s lien upon defaulting occupant’s property. Removal of motor vehicle, vessel or trailer. Regulations
(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.
Terms Used In Connecticut General Statutes 42-160
- Default: means failure to perform any obligation or duty imposed by a rental agreement or by this chapter. See Connecticut General Statutes 42-159
- Lien: A claim against real or personal property in satisfaction of a debt.
- Occupant: means a person, or the sublessee, successor or assignee of a person, entitled to the use of a storage unit at a self-service storage facility under a rental agreement, to the exclusion of others. See Connecticut General Statutes 42-159
- Owner: means the owner, operator, lessor or sublessor of a self-service storage facility, an agent of such owner, operator, lessor or sublessor or any other person authorized by such owner, operator, lessor or sublessor to manage the facility or receive rent from an occupant under a rental agreement. See Connecticut General Statutes 42-159
- Personal property: All property that is not real property.
- Personal property: means movable property not affixed to land and includes, but is not limited to, goods, merchandise, household items and motor vehicles. See Connecticut General Statutes 42-159
- Self-service storage facility: means any real property designed and used for the renting or leasing of individual self-contained units of storage space to occupants who are to have access to such units for storing and removing personal property only, and not for residential purposes. See Connecticut General Statutes 42-159
(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.