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 der 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, tation 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.Amended by Act 2013, No. 364,§ 1, eff. 8/16/2013.Acts 1987, No. 576, § 1.
Arkansas Legal Code