Table of Contents Sec. 42-270. Definitions. As used in this section and section 42-271: Sec. 42-271. Requirements of lease agreement re excess wear and tear charges.
Procedure to contest charges. (a) A lessor may charge, receive or collect excess wear
and tear charges only if the lease sets forth reasonable standards for wear and tear and
any excess wear and tear charges are assessed in accordance with the specified standards.
These charges shall not exceed the amounts stated in an itemized estimate, prepared by
a motor vehicle physical damage appraiser licensed under section 38a-790 or repair
shop licensed under section 14-52, selected by the lessor, of the reasonable cost of
repairs. Sec. 42-271a. Applicability. Sections 42-270 and 42-271 shall apply to leases or
lease agreements entered into on or after October 1, 1995.
Sec. 42-270. Definitions.
Sec. 42-271. Requirements of lease agreement re excess wear and tear charges. Procedure
to contest charges.
Sec. 42-271a. Applicability.
Secs. 42-272 to 42-279.
(1) "Lease agreement" or "lease" means evidence of a transfer from a retail lessor
to a retail lessee of the right to possession and use of a motor vehicle for a specified
period exceeding four months in return for consideration whether or not the lessee has
the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the agreement.
(2) "Lessor" means a person who enters into a lease agreement with a lessee but
excludes a person who is not regularly engaged in the business of selling or leasing
personal property.
(3) "Lessee" means a person other than the lessor, who is liable under a lease
agreement.
(P.A. 95-337, S. 1.)
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(b) Within forty-five days after the return of the leased property or such earlier date
as otherwise agreed by the parties, the lessor shall give the lessee notice, by registered
or certified mail, return receipt requested, or personal delivery stating the amount of
excess wear and tear charges claimed and containing an itemized estimate upon which
they are based and indicating that the lessee may contest: (1) Whether any item for
which an excess wear and tear charge has been claimed constitutes excess wear and
tear; and (2) the amount of any excess wear and tear charge. The lessor's notice shall
specify the names, addresses and telephone numbers of at least three persons who are
licensed appraisers or repair shops unaffiliated with the lessor that are acceptable to the
lessor. Failure to notify the lessee within the time established by this subsection shall
be a waiver of the lessor's right to recover those charges.
(c) The lessee may contest whether any item for which an excess wear and tear
charge has been claimed constitutes excess wear and tear and the amount of any excess
wear and tear charge by giving the lessor notice in writing within fourteen days after
the lessor's notice is mailed or delivered in accordance with subsection (b) of this section
specifying the excess wear and tear items to which he objects.
(d) If the lessee gives the lessor notice in accordance with subsection (c) of this
section, the lessee may obtain an itemized estimate at the lessee's expense from a licensed appraiser or repair shop within fourteen days after the lessor's notice is mailed
or delivered in accordance with subsection (b) of this section. If the estimate obtained
by the lessee is prepared by a motor vehicle physical damage appraiser licensed under
section 38a-790 or repair shop licensed under section 14-52 specified in the lessor's
notice, the lower of the two estimates shall be the amount charged the lessee for excess
wear and tear under this section. If the estimate obtained by the lessee is prepared by a
motor vehicle physical damage appraiser licensed under section 38a-790 or repair shop
licensed under section 14-52 other than such a shop or appraiser specified in the lessor's
notice, the two estimates shall establish the upper and lower limits of the amount charged
the lessee for excess wear and tear under this section.
(e) The lessor shall allow the licensed appraiser or repair shop selected by the lessee
reasonable access to the leased property during the time within which the lessee may
obtain an appraisal. If the lessor fails to retain the leased property during the time within
which the lessee may obtain an appraisal or fails to allow the licensed appraiser or repair
shop specified by the lessee the required reasonable access to the leased property, the
lessor's failure shall be a waiver of the lessor's right to recover any charges under this
section.
(P.A. 95-337, S. 2.)
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(P.A. 96-56, S. 1, 2.)
History: P.A. 96-56 effective May 7, 1996.
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