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

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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: - Arkansas Code Title 18. Property § 18-16-401. Definitions - last updated January 01, 2020 |

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