38-8-1 - Definitions.
38-8-1. Definitions.
As used in this chapter:
(1) "Default" means the failure to perform in a timely manner any obligation or duty setforth in this chapter or the rental agreement.
(2) "Last known address" means that address provided by the occupant in the latest rentalagreement or the address provided by the occupant in a subsequent written notice of a change ofaddress.
(3) "Occupant" means a person, or his sublessee, successor, or assignee, entitled to theuse of the storage space at a self-service storage facility under a rental agreement, to theexclusion of others.
(4) "Owner" means the owner, operator, lessor, or sublessor of a self-service storagefacility, his agent, or any other person authorized by him to manage the facility or to receive rentfrom an occupant under a rental agreement.
(5) "Personal property" means movable property not affixed to land and includes, but isnot limited to, goods, merchandise, and household items.
(6) "Rental agreement" means any written agreement or lease which establishes ormodifies the terms, conditions, rules, or any other provisions concerning the use and occupancyat a self-service storage facility and which contains a notice stating that all articles stored underthe terms of the agreement will be sold or otherwise disposed of if no payment has been receivedfor a continuous 30-day period. The agreement shall contain a provision directing the occupantto disclose any lienholders with an interest in property that is or will be stored in the self-servicestorage facility.
(7) "Self-service storage facility" means any real property designed and used for thepurpose of renting or leasing individual storage space to occupants who are to have access to thefacility for the purpose of storing and removing personal property. No occupant may use aself-service storage facility for residential purposes. The owner of a self-service storage facilityis not a warehouse as used in Section 70A-7a-102. If an owner issues any warehouse receipt, billof lading, or other document of title for the personal property stored, the owner and the occupantare subject to the provisions of the Uniform Commercial Code, and the provisions of this chapterdo not apply.
Amended by Chapter 356, 2009 General Session