§ 18-16-401. Definitions

As used in this subchapter:

1. (1) “Default” means the failure to timely perform an obligation of a rental agreement;

2. (2) “Electronic mail” means an electronic message, a file, data, or other information that is transmitted:

   1. (A) Between two (2) or more computers, computer networks, or electronic terminals; or

   2. (B) Within or between computer networks;

3. (3) “Electronic mail address” means a destination commonly expressed as a string of characters to which electronic mail may be sent or delivered;

4. (4) “Last known address” means the address or electronic mail address provided by the occupant in:

   1. (A) The rental agreement; or

   2. (B) A subsequent written notice of a change of address;

5. (5) “Leased space” means individual storage space at a self-service storage facility that is rented to an occupant under a rental agreement;

6. (6) “Net proceeds” means the proceeds from the sale authorized upon a default under this subchapter after deduction for:

   1. (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;

   2. (B) The debt owed by the occupant to the operator for leased space; and

   3. (C) Charges related to preserving, assembling, advertising, and selling personal property under this subchapter;

7. (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. (8)

   1. (A) “Operator” means:

      1. (i) The owner, operator, lessor, or sublessor of a self-service storage facility;

      2. (ii) An agent of the owner operator, lessor, or sublessor of a self-service storage facility; or

      3. (iii) Any other person authorized to manage a self-service storage facility.

   2. (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. (9)

   1. (A) “Personal property” means movable property not affixed to land.

   2. (B) “Personal property” includes without limitation goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings;

10. (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. (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.