§ 18-16-401 - Definitions. - Arkansas Statutes

18-16-401. Definitions.

As used in this subchapter:

(1) "Default" means the failure to perform on time any obligation or duty set forth in the rental agreement;

(2) "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;

(3) "Leased space" means the individual storage space at the self-service facility which is rented to an occupant pursuant to a rental agreement;

(4) "Net proceeds" as used in 18-16-407(e) means the proceeds from the sale authorized after deduction for expenses incurred by the operator to exercise its rights under this subchapter including, but not limited to, attorneys' fees, auctioneers' fees, postage, and publication costs, together with the debt owed by the operator and charges directly related to preserving, assembling, advertising, and selling under this subchapter;

(5) "Occupant" means a person or entity entitled to the use of a leased space at a self-service storage facility under a rental agreement;

(6) (A) "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;

(B) "Operator" does not mean a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored;

(7) (A) "Personal property" means movable property not affixed to the land;

(B) "Personal property" includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings;

(8) "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; and

(9) "Self-service storage facility" means any real property used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis.