70-6-602. Definitions. As used in this part, the following definitions apply:

(1) "Commercially reasonable sale" means a sale that:

(a) is conducted at the self-storage facility, offsite at another location, or on a publicly accessible website that conducts lien sales; and

(b) is attended or viewed by at least three persons who appear personally or online, by telephone, or by any other method.

(2) "Default" means the failure to timely perform an obligation or duty set forth in a rental agreement or this part.

(3) "Electronic mail" means an electronic message or an executable program or computer file that contains an image that is transmitted between two or more computers or electronic terminals. The term includes an electronic message that is transmitted within or between computer networks.

(4) "Emergency" means a sudden, unexpected occurrence or circumstance at or near a self-storage facility that requires immediate action to avoid injury to persons or property at or near the self-storage facility. The term includes but is not limited to flood, fire, or any suspected use of the leased space for residential or other unlawful purposes.

(5) "Last-known address" means the postal address or electronic mail address provided in a rental agreement or the postal address or electronic mail address provided by the renter through subsequent written notice of a change of address.

(6) "Leased space" means the individual storage space at a self-storage facility that is rented to a renter pursuant to a rental agreement.

(7) "Operator" means the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. The term does not include a warehouse operator if the warehouse operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.

(8) "Personal property" means movable property not affixed to land. Personal property includes but is not limited to goods, wares, merchandise, motor vehicles, and other titled or otherwise registered vehicles or property.

(9) "Property that has no commercial value" means property offered for sale in a commercially reasonable sale that receives no bid or offer.

(10) "Rental agreement" means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility.

(11) "Renter" means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns.

(12) "Self-storage facility" means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis.

(13) "Verified mail" means:

(a) a method of mailing that is offered by the United States postal service or private delivery service and provides evidence of mailing; or

(b) a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed.

History: En. Sec. 2, Ch. 222, L. 2017; amd. Sec. 1, Ch. 67, L. 2019.