Terms used in this chapter mean:

(1) “Default,” any failure of an occupant to perform any obligation or duty at the time and in the manner set forth in the rental agreement or under this chapter;

Terms Used In South Dakota Codified Laws 44-14-1

  • 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
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) “Last known address,” that postal or e-mail address provided by the occupant in the latest rental agreement or the postal or e-mail address provided by the occupant in a subsequent written notice of a change of address;

(3) “Occupant,” a person who rents storage space at a self-service storage facility under a rental agreement, or a sublessee, successor, or assignee;

(4) “Owner,” any person who owns, leases, subleases, manages, or operates a self-service storage facility, or an owner’s designee, who receives rent from an occupant under a rental agreement;

(5) “Personal property,” movable property, including goods, merchandise, and household items stored in a selfservice storage facility;

(6) “Property that has no commercial value,” property offered for sale in a sale, conducted pursuant to this chapter, at the self-service storage facility, at the nearest suitable place to where the personal property is held or stored, or online, that receives no bid or offer;

(7) “Rental agreement,” any written agreement or lease that establishes or modifies the terms, conditions, rules, or other provisions concerning the use and occupancy of a storage space at a selfservice storage facility;

(8) “Self-service storage facility,” any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property;

(9) “Storage space,” an individual space at a self-service storage facility that is rented or leased by an occupant under a rental agreement.

Source: SL 1997, ch 249, § 1; SL 2022, ch 165, § 1.