| 4 | 11 | | |
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| 5 | 12 | | AN ACT CONCERNING SELF-SERVICE STORAGE FACILITY LIENS. |
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| 6 | 13 | | |
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| 7 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 8 | 15 | | |
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| 9 | 16 | | Section 1. Section 42-159 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 10 | 17 | | |
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| 11 | 18 | | As used in this chapter: |
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| 12 | 19 | | |
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| 13 | 20 | | (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 and an owner are not a warehouse, 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. |
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| 14 | 21 | | |
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| 15 | 22 | | (2) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or any other person authorized by him or her to manage the facility or to receive rent from an occupant under a rental agreement. |
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| 16 | 23 | | |
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| 17 | 24 | | (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. |
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| 18 | 25 | | |
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| 19 | 26 | | (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. |
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| 20 | 27 | | |
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| 21 | 28 | | (5) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise, household items and motor vehicles. |
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| 22 | 29 | | |
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| 23 | 30 | | (6) "Last known address" means [that] a postal or electronic address provided by the occupant in the latest rental agreement or [the] a postal or electronic address provided by the occupant in a subsequent written notice of a change of address. |
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| 24 | 31 | | |
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| 25 | 32 | | (7) "Default" means failure to perform any obligation or duty imposed by a rental agreement or by this chapter. |
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| 26 | 33 | | |
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| 27 | 34 | | Sec. 2. Section 42-160 of the general statutes is amended by adding subsection (d) as follows (Effective July 1, 2013): |
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| 28 | 35 | | |
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| 29 | 36 | | (NEW) (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. |
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| 30 | 37 | | |
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| 31 | 38 | | Sec. 3. Section 42-161 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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| 32 | 39 | | |
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| 33 | 40 | | (a) No owner may satisfy the lien provided for in section 42-160 unless he or she complies with the procedure set forth in this chapter. |
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| 34 | 41 | | |
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| 35 | 42 | | (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 or her intention to satisfy the lien with a written notice which shall be delivered in person or sent by electronic mail or by registered or certified mail, return receipt requested, to the last known address of the occupant. If the owner sends notice by electronic mail to the occupant, a statement shall be included in such electronic mail, indicating that opening of such electronic mail is acceptance of such notice by the occupant pursuant to this section. |
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| 36 | 43 | | |
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| 37 | 44 | | (c) If the owner sends electronic notice to the occupant pursuant to subsection (b) of this section, the owner shall send such notice to the occupant by registered or certified mail pursuant to said subsection if the owner has not received confirmation, not later than seven days after sending the electronic notice, that the occupant has opened the electronic notice. |
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