18-16-401. Definitions.

18-16-401. Definitions. As used in this subchapter: (1) “Default” means the failure to timely perform an obligation of a rental agreement; (2) “Electronic mail” means an electronic message, a file, data, or other information that is transmitted: (A) Between two (2) or more computers, computer networks, or electronic terminals; or (B) Within or between computer networks; (3) “Electronic mail address” means a destination commonly expressed as a string of characters to which electronic mail may be sent or delivered; (4) “Last known address” means the address or electronic mail address provided by the occupant in: (A) The rental agreement; or (B) A subsequent written notice of a change of address; (5) “Leased space” means individual storage space at a self-service storage facility that is rented to an occupant under a rental agreement; (6) “Net proceeds” means the proceeds from the sale authorized upon a default under this subchapter after deduction for: (A) Expenses incurred by the operator to exercise its rights under this subchapter, including without limitation attorney's fees, auctioneers' fees, postage, and publication costs; (B) The debt owed by the occupant to the operator for leased space; and (C) Charges related to preserving, assembling, advertising, and selling personal property under this subchapter; (7) “Occupant” means a person or entity entitled to the use of leased space at a self-service storage facility under a rental agreement; (8)(A) “Operator” means: (i) The owner, operator, lessor, or sublessor of a self-service storage facility; (ii) An agent of the owner operator, lessor, or sublessor of a self-service storage facility; or (iii) Any other person authorized to manage a self-service storage facility. (B) “Operator” does not include a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for storing personal property; (9)(A) “Personal property” means movable property not affixed to land. (B) “Personal property” includes without limitation goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings; (10) “Rental agreement” means a written agreement that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a self-service storage facility; and (11) “Self-service storage facility” means real property used for renting or leasing leased space in which an occupant stores and removes personal property on a self-service basis.