Current through 131st (2023-2024) Legislature Chapter 684
Section 1372 - DefinitionsAs used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 62(NEW).]
1.Default. "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement. [1989, c. 62(NEW).]
1-A.Abandoned leased space. "Abandoned lease space" means a leased space that the operator finds unlocked and empty or unlocked and containing personal property with a value less than $750 or a leased space possession of and all rights to which and any personal property within which have been surrendered to the operator by the occupant. [2011, c. 376, §1(NEW).]
1-B.Electronic mail. "Electronic mail" means electronic mail sent or delivered by transmission over the Internet. [2011, c. 376, §2(NEW).]
2.Last known address. "Last known address" means 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. [1989, c. 62(NEW).]
2-A.Late fee. "Late fee" means any fee or charge assessed for an occupant's failure to pay rent when due. "Late fee" does not include interest on a debt, reasonable expenses incurred in the collection of unpaid rent or costs associated with the enforcement of any other remedy provided by statute or contract. [2003, c. 274, §1(NEW).]
3.Leased space. "Leased space" means the individual storage space at the self-service facility which is rented to an occupant under a rental agreement. [1989, c. 62(NEW).]
4.Occupant. "Occupant" means a person, a sublessee, successor or assignee, entitled to the use of a leased space at a self-service storage facility under a rental agreement. [1989, c. 62(NEW).]
5.Operator. "Operator" means the owner, operator, lessor or sublessor of a self-service storage facility, an agent or any other person authorized to manage the facility. "Operator" does not mean a warehouse operator, unless the operator issues a warehouse receipt, bill of lading or other document of title for the personal property stored. [1989, c. 62(NEW).]
5-A.Personal information. "Personal information" means information about a person that readily identifies that person or is closely associated with that person. "Personal information" includes, but is not limited to, social security numbers, credit or debit card information, bank account numbers, medical information or passport information. [2009, c. 525, §1(NEW).]
6.Personal property. "Personal property" means movable property, not affixed to land. Personal property includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, all-terrain vehicles, off-road vehicles, recreational vehicles and household items and furnishings. [2011, c. 376, §3(AMD).]
6-A.Reasonable belief. "Reasonable belief" is the actual knowledge or belief a prudent person would have without making an investigation that a leased space contains personal information relating to clients, customers or others with whom the occupant does business. [2009, c. 525, §2(NEW).]
7.Rental agreement. "Rental agreement" means any written agreement that establishes or modifies the terms, conditions or rules concerning the use and occupancy of a self-service storage facility. [1989, c. 62(NEW).]
8.Self-service storage facility. "Self-service storage facility" means any real property used for renting or leasing individual storage spaces under a written rental agreement in which the occupants themselves customarily store and remove their own personal property on a self-service basis. [1989, c. 62(NEW).]
9.Verified mail. "Verified mail" means any method of mailing that is offered by the United States Postal Service and provides evidence of mailing. [2011, c. 376, §4(NEW).]
Amended by 2011, c. 376,§§ 1 through 4, eff. 9/28/2011.1989, c. 62, (NEW) . 2003, c. 274, § 1 (AMD) . 2009, c. 525, §§1, 2 (AMD) .