578A.2 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
1. “Commercially reasonable sale” means a sale that is conducted at the self-service storage facility, at the nearest suitable place to where the personal property is held or stored, or on a publicly accessible internet site that conducts sales or auctions.
2. “Default” means the failure by the occupant to perform on time any obligation or duty set forth in a rental agreement or this chapter.
3. “Emergency” means any sudden, unexpected occurrence or circumstance at or near a self-service storage facility that requires immediate action to avoid injury to persons or property at or near the self-service storage facility, including a fire.
4. “Last-known address” means the postal address or electronic mail address provided by an occupant in a rental agreement or the postal address or electronic mail address provided by the occupant in a subsequent written notice of a change of address.
5. “Late fee” means any fee or charge assessed for an occupant’s failure to pay rent when due. “Late fee” does not include interest on a debt, reasonable expenses incurred in the collection of unpaid rent, or costs associated with the enforcement of any other remedy provided by law or contract.
6. “Leased space” means individual storage space at a self-service storage facility which is rented to an occupant pursuant to a rental agreement.
7. “Occupant” means a person entitled to the use of leased space at a self-service storage facility under a rental agreement or the person’s successors or assigns.
8. “Operator” means the owner, operator, lessor, or sublessor of a self-service storage facility or an agent or any other person authorized to manage the facility. “Operator” does not include a warehouse worker if the warehouse worker issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.
9. “Personal property” means movable property not affixed to land, including goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings.
10. “Property that has no commercial value” means property offered for sale in a commercially reasonable sale that receives no bid or offer.
11. “Rental agreement” means an agreement or lease, written or oral, that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of leased space at a self-service storage facility.
12. “Self-service storage facility” means real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing personal property. If an operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored, the operator and occupant are subject to chapter 554, article 7, and this chapter does not apply.
13. “Verified mail” means any method of mailing offered by the United States postal service or private delivery service that provides evidence of the mailing.
2019 Acts, ch 50, §2
Former §578A.2 repealed by
2019 Acts, ch 50, §18