Montana Code 70-6-602. Definitions
70-6-602. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 70-6-602
- Commercially reasonable sale: means a sale that:
(a)is conducted at the self-storage facility, offsite at another location, or on a publicly accessible website that conducts lien sales; and
(b)is attended or viewed by at least three persons who appear personally or online, by telephone, or by any other method. See Montana Code 70-6-602
- Electronic mail: means an electronic message or an executable program or computer file that contains an image that is transmitted between two or more computers or electronic terminals. See Montana Code 70-6-602
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Leased space: means the individual storage space at a self-storage facility that is rented to a renter pursuant to a rental agreement. See Montana Code 70-6-602
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Operator: means the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. See Montana Code 70-6-602
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Personal property: means movable property not affixed to land. See Montana Code 70-6-602
- Personal property: All property that is not real property.
- Property: means real and personal property. See Montana Code 1-1-205
- Rental agreement: means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility. See Montana Code 70-6-602
- Renter: means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns. See Montana Code 70-6-602
- Self-storage facility: means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis. See Montana Code 70-6-602
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Commercially reasonable sale” means a sale that:
(a)is conducted at the self-storage facility, offsite at another location, or on a publicly accessible website that conducts lien sales; and
(b)is attended or viewed by at least three persons who appear personally or online, by telephone, or by any other method.
(2)”Default” means the failure to timely perform an obligation or duty set forth in a rental agreement or this part.
(3)”Electronic mail” means an electronic message or an executable program or computer file that contains an image that is transmitted between two or more computers or electronic terminals. The term includes an electronic message that is transmitted within or between computer networks.
(4)”Emergency” means a sudden, unexpected occurrence or circumstance at or near a self-storage facility that requires immediate action to avoid injury to persons or property at or near the self-storage facility. The term includes but is not limited to flood, fire, or any suspected use of the leased space for residential or other unlawful purposes.
(5)”Last-known address” means the postal address or electronic mail address provided in a rental agreement or the postal address or electronic mail address provided by the renter through subsequent written notice of a change of address.
(6)”Leased space” means the individual storage space at a self-storage facility that is rented to a renter pursuant to a rental agreement.
(7)”Operator” means the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. The term does not include a warehouse operator if the warehouse operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.
(8)”Personal property” means movable property not affixed to land. Personal property includes but is not limited to goods, wares, merchandise, motor vehicles, and other titled or otherwise registered vehicles or property.
(9)”Property that has no commercial value” means property offered for sale in a commercially reasonable sale that receives no bid or offer.
(10)”Rental agreement” means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility.
(11)”Renter” means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person’s successors or assigns.
(12)”Self-storage facility” means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis.
(13)”Verified mail” means:
(a)a method of mailing that is offered by the United States postal service or private delivery service and provides evidence of mailing; or
(b)a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed.