Section 415.405

Title XXVI TRADE AND COMMERCE

Chapter 415

Effective - 28 Aug 2014, 2 histories   

  415.405.  Definitions. — As used in sections 415.400 to 415.425, the following terms shall mean:

  (1)  "Default", the failure to perform on time any obligation or duty set forth in a rental agreement;

  (2)  "Electronic mail", an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks;

  (3)  "Last known address", that postal address or electronic mail address provided by the occupant in the latest rental agreement or the postal or electronic mail address provided by the occupant in a subsequent written notice of a change of address, one of which may be designated in writing by the occupant as the preferred method of contact which shall be used by the operator;

  (4)  "Leased space", the individual storage space at the self-service facility which is rented to an occupant pursuant to a rental agreement;

  (5)  "No commercial value", includes but not limited to any property offered for sale in a commercially reasonable manner that receives no bid or offer;

  (6)  "Occupant", a person, lessee, sublessee, successor or assignee entitled to the use of a leased space at a self-service storage facility under a rental agreement;

  (7)  "Operator", the owner, operator, lessor or sublessor of a self-service storage facility, or an agent or any other person authorized to manage the facility; except that, the term "operator" does not include a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored;

  (8)  "Personal property", movable property which is not affixed to land, including, but not limited to, goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings;

  (9)  "Private sale", a sale negotiated and concluded directly between the buyer and seller;

  (10)  "Public sale", a sale made after public notice and includes but is not limited to a sale at the self-service storage facility or a sale conducted online at a publicly accessible website;

  (11)  "Rental agreement", any written contract or agreement that establishes or modifies the terms, conditions or rules concerning the use and occupancy of a self-service storage facility, which is signed by the occupant and the operator;

  (12)  "Self-service storage facility", any real property used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis;

  (13)  "Verified mail", any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.

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(L. 1985 H.B. 204 § 3, A.L. 2003 H.B. 512 merged with S.B. 373, A.L. 2014 H.B. 1225)