Arkansas Code Title 18. Property § 18-16-401. Definitions

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

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.

Cite this article: FindLaw.com - Arkansas Code Title 18. Property § 18-16-401. Definitions - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-16-401/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard