58-814. Definitions. - Kansas Statutes

58-814

Chapter 58.--PERSONAL AND REAL PROPERTY Article 8.--MISCELLANEOUS PROVISIONS

      58-814.   Definitions.In the self-service storage act the following words shallmean the following:

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

      (b)   "Rental agreement" means any written statement that establishes ormodifies the terms, conditions or rules concerning the use and occupancyof a self-service storage facility.

      (c)   "Leased space" means the individual storage space at the self-servicefacility which is rented to an occupant pursuant to a rental agreement.

      (d)   "Occupant" means a person, a sublessee, successor or assign, entitledto the use of a leased space at a self-service storage facility under arental agreement.

      (e)   "Operator" means the owner, operator, lessor or sublessor of a self-servicestorage facility, an agent or any other person authorized to manage thefacility, except that "operator" does not mean a warehouseman, unless theoperator issues a warehouse receipt, bill of lading, or other document oftitle for the personal property stored.

      (f)   "Personal property" means movable property, not affixed to land, and"personal property" includes, but is not limited to, goods, wares, merchandise,motor vehicles, watercraft, household items and furnishings.

      (g)   "Default" means the failure to perform on time any obligation or dutyset forth in the rental agreement.

      (h)   "Last known address" means that address providedby the occupant inthe rental agreement or the address provided by the occupant in a subsequentwritten notice of a change of address.

      (i)   "Late fee" means a fee or charge assessed by an operator for anoccupant's failure to pay rent when due. A late fee is not interest on a debt,nor is a late fee a reasonable expense that the operator may incur in thecourse of collecting unpaid rent in enforcing the operator's lien rightpursuant to K.S.A. 58-814, et seq., and amendments thereto, or enforcing anyother remedy provided by statute or contract.

      History:   L. 1983, ch. 187, § 3;L. 2005, ch. 113, § 1; July 1.