As used in the Self-Service Storage Lien Act:
A. "default" means the failure to perform in a timely manner any obligation or duty set forth in the Self-Service Storage Lien Act or in the rental agreement;
B. "electronic mail" means the transmission of information or a communication by the use of a computer or other electronic means sent to a person identified by a unique electronic address;
C. "last known address" means the postal address or electronic address provided to the owner by the occupant:
(1) for the purposes of the latest rental agreement; or
(2) in a written or electronic notice of a change of postal address or electronic address after the latest rental agreement;
D. "occupant" means a person or the person's sublessee, successor or assign who is entitled to the use of storage space, to the exclusion of others, at a self-service storage facility under a rental agreement;
E. "owner" means the owner or the owner's heirs, successors or assigns, the operator, the lessor or the sublessor of a self-service storage facility or the lessor's or sublessor's agent or any other person authorized by the lessor or sublessor to manage the facility or to receive rent from an occupant under a rental agreement;
F. "rental agreement" means any written agreement or lease between the owner and the occupant that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility;
G. "self-service storage facility" means 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 facility for the purpose of storing and removing personal property; and
H. "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.
History: Laws 1987, ch. 314, § 2; 2015, ch. 118, § 1.
The 2015 amendment, effective June 19, 2015, amended the definitions section of the Self-Service Storage Lien Act by defining "electronic mail", "last known address" and "verified mail"; added new Subsections B and C, defining "electronic mail" and "last known address", respectively, and redesignated former Subsections B, C, D and E as Subsections D, E, F and G; in Subsection D, after "person or", deleted "his" and added "the person's"; in Subsection E, after "the owner or", deleted "his" and added "the owner's", after "storage facility", deleted "his" and added "or the lessor's or sublessor's", and after "authorized by", deleted "him" and added "the lessor or sublessor"; in Subsection F, after "and the occupant", deleted "which" and added "that", and after "storage facility", deleted "and"; in Subsection G, after the second occurrence of "property", added "and"; and added Subsection H.
Structure 2021 New Mexico Statutes
Chapter 48 - Liens and Mortgages
Article 11 - Self-Service Storage Liens
Section 48-11-1 - Short title.
Section 48-11-2 - Definitions.
Section 48-11-3 - Rental agreement.
Section 48-11-4 - Self-service storage facility; exclusion.
Section 48-11-5 - Lien established.
Section 48-11-6 - Perfected security interests; payment; possession.
Section 48-11-7 - Enforcement of lien.