Self-Service Storage Facilities

SECTION 34-42-2

§ 34-42-2. Definitions.

As used in this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise:

(1) "Abandoned lease space" means a leased space that the owner finds unlocked and empty, or a leased space in which possession and all rights to any personal property within it, have been surrendered to the owner by the occupant.

(2) "Default" means the failure to perform on time any obligation set forth in the rental agreement or this chapter.

(3) "Electronic mail" means an electronic message or executable program or computer file that contains an image of a message transmitted between two (2) or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which a confirmation or receipt is received.

(4) "Electronic mail address" means a destination commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which an electronic mail message can be sent or delivered.

(5) "Last known address" means that address or electronic mail address provided by the occupant in the latest rental agreement or the address or electronic mail address provided by the occupant in a subsequent written notice of a change of address.

(6) "Occupant" means a person, or his or her sublessee, successor, or assign, who is entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.

(7) "Owner" means the proprietor, 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. An owner is not a warehouseman, as defined in § 6A-7-102(1)(h) except that if an owner issues a warehouse receipt, bill of lading, or other document of title for the personal property sold, the owner is subject to the provisions of chapter 7 of title 6A, and the provisions of this chapter shall not apply.

(8) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, motorcycles, trailers, recreational vehicles (RVs), furniture, and household items.

(9) "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 self-service storage facility.

(10) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for habitation or any other residential purposes.

(11) "Verified mail" means any method of mailing that is offered by the United States Postal service, or through electronic mail, that provides evidence of mailing.

History of Section.
(P.L. 1985, ch. 401, § 1; P.L. 2011, ch. 363, § 19; P.L. 2012, ch. 102, § 1; P.L. 2012, ch. 107, § 1.)