Section 415.405

Title XXVI TRADE AND COMMERCE

Chapter 415

Effective - 28 Aug 2003, 2 histories, see footnote   (history) 

  415.405.  Definitions. — As used in sections 415.400 to 415.430, the following terms shall mean:

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

  (2) "Last known address", that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change of address;

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

  (4) "No commercial value", any property offered for sale in a commercially reasonable manner that receives no bid or offer;

  (5) "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;

  (6) "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;

  (7) "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;

  (8) "Private sale", an unadvertised sale negotiated and concluded directly between the buyer and seller;

  (9) "Public sale", a sale made after public notice;

  (10) "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;

  (11) "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.

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