Table of Contents Sec. 42-159. Definitions. As used in this chapter: Sec. 42-160. Owner's lien upon defaulting occupant's property. The owner of
a self-service storage facility shall have a lien upon all personal property located at such
facility for the amounts of any rent, labor or other valid charges incurred in relation to
such personal property, for any valid expenses incurred in the necessary preservation
of such personal property and for 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-9-310 such lien
shall not have priority over a lien or security interest which has attached or been perfected
prior to such default. Sec. 42-161. Satisfaction of lien. Notice to occupant and holders of security
interest. (a) No owner may satisfy the lien provided for in section 42-160 unless he
complies with the procedure set forth in this chapter. Sec. 42-162. Contents of notice. The notice required by section 42-161 shall contain the following information: (1) An itemized statement of the owner's claim showing
the amount due at the time of the notice and the date the amount became due; (2) a
description of the personal property subject to the lien sufficient to permit its identification, except that any container including but not limited to a trunk, valise or box that is
locked, fastened, sealed, or tied in a manner which hinders immediate access to its
contents may be described as such without describing its contents; (3) a notice of denial
of access to the personal property by the occupant if such denial is permitted under
the terms of the rental agreement, such notice to provide the name, street address and
telephone number of the owner whom the occupant may contact; (4) a demand for
payment within a specified time not less than fourteen days after delivery of the notice;
and (5) a conspicuous statement that unless the amount due is paid within the sixty days
after default the owner will advertise the personal property for sale or disposition and
will sell or otherwise dispose of such personal property, the time and place of such sale
or disposition to be specified in the notice. Sec. 42-163. Sale or disposition of property; where held. Any sale or other disposition of the personal property of the occupant shall conform to the terms of the notice
as provided in section 42-162 and shall be held at the self-service storage facility or at
the nearest suitable place convenient to where such personal property is stored or held. Sec. 42-164. Advertisement of, and time for sale. Allocation of proceeds. (a)
After the expiration of the time given in the notice for the occupant to pay the amount
due, if the owner wishes, he may place an advertisement of the sale or other disposition
of the personal property in a newspaper of substantial circulation in the municipality
where the self-service storage facility is located. Such advertisement shall be published
at least twice within a period not less than ten days preceding the date of such sale or
other disposition. The advertisement shall include: (1) A description of the personal
property subject to the lien according to the requirements of section 42-162; (2) the
name of the occupant, the address of the self-service storage facility, the unit number,
if any, of the storage space where the personal property is located; and (3) the time,
place and manner of the sale or other disposition. Sec. 42-165. Redemption of property by occupant or holder of security interest. At any time prior to the sale or other disposition of the personal property subject to
the lien, the occupant, or any person who proves a valid security interest in such personal
property, may pay the amount due necessary to satisfy the lien along with reasonable
expenses incurred under section 42-164 and redeem such personal property. Upon receipt of payment, the owner shall return the personal property and have no further liability to any person in respect to such personal property. Sec. 42-166. Rights of purchaser in good faith. A purchaser in good faith of
personal property sold to satisfy the lien provided for in section 42-160 takes the property
free of any rights of persons against whom the lien was valid, despite noncompliance
by the owner with the requirements of this chapter. Sec. 42-167. Disposition of balance of proceeds following satisfaction of lien.
In the event of a sale of personal property subject to such a lien, the owner may satisfy
his lien from the proceeds of the sale but shall hold the balance, if any, for delivery on
demand to the occupant or any other party having an interest. If the occupant or such
other party does not claim the balance of the proceeds within two years of the date of
sale, it shall become the property of the owner. Sec. 42-168. Other remedies of parties not impaired. Nothing in this chapter
shall impair or affect the right of parties to create liens by special contract or agreement,
nor shall it impair or affect other liens arising at common law, in equity or by any other
provision of the general statutes, nor shall it impair or affect any other rights affecting
debtors and creditors allowed by law.
Sec. 42-159. Definitions.
Sec. 42-160. Owner's lien upon defaulting occupant's property.
Sec. 42-161. Satisfaction of lien. Notice to occupant and holders of security interest.
Sec. 42-162. Contents of notice.
Sec. 42-163. Sale or disposition of property; where held.
Sec. 42-164. Advertisement of, and time for sale. Allocation of proceeds.
Sec. 42-165. Redemption of property by occupant or holder of security interest.
Sec. 42-166. Rights of purchaser in good faith.
Sec. 42-167. Disposition of balance of proceeds following satisfaction of lien.
Sec. 42-168. Other remedies of parties not impaired.
Sec. 42-169.
(1) "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. A self-service storage facility is not a warehouse and
an owner is not a warehouseman as defined in section 42a-7-102, except that if an owner
issues a document of title as defined in section 42a-1-201 for the personal property
stored, the owner and the occupant are subject to the provisions of article 7 of the Uniform
Commercial Code and the provisions of this chapter do not apply.
(2) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage
facility, his agent, or any other person authorized by him to manage the facility or to
receive rent from an occupant under a rental agreement.
(3) "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.
(4) "Rental agreement" means any written agreement or lease that establishes or
modifies the terms, conditions, rules or any other provisions concerning the use and
occupancy of a unit in a self-service storage facility.
(5) "Personal property" means movable property not affixed to land and includes,
but is not limited to, goods, merchandise, and household items.
(6) "Last known address" means that address provided by the occupant in the latest
rental agreement or the address provided by the occupant in a subsequent written notice
of a change of address.
(7) "Default" means failure to perform any obligation or duty imposed by a rental
agreement or by this chapter.
(P.A. 81-428, S. 1.)
Subdiv. (2):
Cited. 194 C. 129, 137.
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(P.A. 81-428, S. 2.)
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(b) The owner shall notify the occupant and any person who has filed a valid security
interest in such property with the Secretary of the State of his intention to satisfy the
lien with a written notice which shall be delivered in person or sent by registered or
certified mail, return receipt requested, to the last known address of the occupant.
(P.A. 81-428, S. 3.)
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(P.A. 81-428, S. 4.)
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(P.A. 81-428, S. 5.)
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(b) Such sale or other disposition of the personal property shall not take place sooner
than ten days after the first publication of the advertisement nor sixty days after the date
of default.
(c) If there is no newspaper of substantial circulation in the municipality in which
the self-service storage facility is located, the advertisement shall be posted at least ten
days before the date of the sale or other disposition of the personal property in not less
than six conspicuous places in the neighborhood where the self-service storage facility
is located.
(d) The proceeds of a sale under this section shall be allocated to pay the expenses
of such sale, then to the holder of any lien or security interest having priority over that
of such owner, then to the owner.
(P.A. 81-428, S. 6.)
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(P.A. 81-428, S. 7.)
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(P.A. 81-428, S. 8.)
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(P.A. 81-428, S. 9.)
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(P.A. 81-428, S. 10.)
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