Sec. 42-271. Requirements of lease agreement re excess wear and tear charges. Procedure to contest charges. - Connecticut Statutes

      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.

      (b) Within forty-five days after the return of the leased motor vehicle 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 such lessee 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 motor vehicle during the time within which the lessee may obtain an appraisal. If the lessor fails to retain the leased motor vehicle 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 motor vehicle, 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; P.A. 02-81, S. 47.)

      History: P.A. 02-81 substituted "leased motor vehicle" for "leased property" in Subsecs. (b) and (e) and made a technical change for purposes of gender neutrality in Subsec. (c), effective July 1, 2003.