West Virginia Code 38-14-2 – Definitions
As used in this article, unless the context clearly requires otherwise:
Terms Used In West Virginia Code 38-14-2
- 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.
- Leased space: means the individual storage space at the self-service storage facility which is rented to an occupant pursuant to a rental agreement. See West Virginia Code 38-14-2
- 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.
- Occupant: means a person, a sublessee, successor, or assign, entitled to the use of a leased space at a self-service storage facility under a rental agreement. See West Virginia Code 38-14-2
- Operator: means the owner, operator, lessor, or sublessor of a self-service storage facility, an agent, or any other person authorized to manage the facility. See West Virginia Code 38-14-2
- Personal property: All property that is not real property.
- Personal property: means movable property, not affixed to land. See West Virginia Code 38-14-2
- Rental agreement: means any written agreement that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of leased space at a self-service storage facility. See West Virginia Code 38-14-2
- Self-service storage facility: means any real property used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a "self-service" basis. See West Virginia Code 38-14-2
(1) “Default” means the failure by the occupant to perform on time any obligation or duty set forth in the rental agreement or this article;
(2) “Last known address” means that address or electronic mail address provided by the occupant in the rental agreement or the address or electronic mail address provided by the occupant in a subsequent written notice of a change of address;
(3) “Leased space” means the individual storage space at the self-service storage facility which is rented to an occupant pursuant to a rental agreement;
(4) “Occupant” means a person, a sublessee, successor, or assign, entitled to the use of a leased space at a self-service storage facility under a rental agreement;
(5) “Operator” means the owner, operator, lessor, or sublessor of a self-service storage facility, an agent, or any other person authorized to manage the facility. The operator is not a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored;
(6) “Personal property” means movable property, not affixed to land. Personal property includes goods, wares, merchandise, motor vehicles, trailers, watercraft, and household items and furnishings;
(7) “Rental agreement” means any written agreement that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of leased space at a self-service storage facility;
(8) “Self-service storage facility” means any real property used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a “self-service” basis; and
(9) “Verified mail” means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.