Connecticut Makes Statutory Changes to Statute
Governor Lamont recently signed a bill updating your Self Storage Statute. These changes take effect July 1, 2022. The three major changes to the bill are under certain circumstances. Default Notices may now be sent by Certified Mail, instead of Certified Mail Return Receipt Required. The Return Receipt requirement is eliminated which substantially reduces the cost of sending by Certified Mail, and eliminates the requirement to wait for the Return Receipt to prove delivery. While you need a “tracking number assigned by the United States Postal Service” for each piece of Certified Mail, you are no longer waiting for the green card or other electronic receipt of delivery. Further, Default notices can also be sent via email instead of by Certified Mail, in certain circumstances. However, when sending Default notices by email, the emails must include a statement which provides that opening such email is acceptance of such notice by the Occupant, which leads to a question in my mind about what happens if the email is not opened. You should discuss with your legal advisor, whether you should switch to email for Default Notices because of this requirement. Even if you do not switch to email only, the Return Receipt Requested portion of Certified Mail is eliminated and you may switch to a different, less
expensive version of Certified Mail.
The Statute now clearly allows for both advertising online, if advertising is desired, and use of online auction websites. While many Operators may have been doing selling online already, it is now clearly legal to do so.
Towing is now allowed for vehicles and vessels with appropriate notice when an Occupant is Sixty (60) days delinquent in Rent and other charges.
Naturally, there is more to these changes than we can place in a short online web update. You are encouraged to check with your legal counsel to make sure you understand the requirements and implications of these legal changes and act accordingly, however, these are wonderful legal changes and we applaud the efforts of the Northeast Self Storage Association, the National Self Storage Association, and the local operators who worked to greatly improve the Connecticut Self Storage Statute.