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The 190th General Court of the Commonwealth of Massachusetts

Section 1: Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Abandoned leased space'', (i) a leased space that the operator finds unlocked and empty or unlocked and containing personal property with a value less than $300, in the operator's opinion, or (ii) a leased space, which possession, all rights to and any personal property within has been affirmatively surrendered to the operator by the occupant.

''Default'', the failure to perform on time any obligation or duty set forth in the rental agreement.

''Electronic mail'', an electronic message or an executable program or computer file that contains an image of a message transmitted between 2 or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which an electronic delivery receipt is obtained.

''Electronic mail address'', a destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox, commonly referred to as the local part, and a reference to an internet domain, commonly referred to as the domain part, whether or not displayed, to which an electronic mail message can be sent or delivered.

''Last known address'', the postal address or electronic mail address provided by the occupant in the rental agreement or the postal address or electronic mail address provided by the occupant in a subsequent written notice of a change of address.

''Late fee'', a reasonable fee or charge that is assessed by the operator for the failure of the occupant to pay rent when due.

''Leased space'', the individual storage space at the self-service facility that is rented to an occupant pursuant to a rental agreement.

''Occupant'', 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.

''Operator'', the owner, operator, lessor or sublessor of a self-service storage facility or an agent or any other person authorized to manage the facility; provided, that ''operator'' shall not mean a warehouseman, unless the operator issues a warehouse receipt, bill of lading or other document of title for the personal property stored.

''Personal property'', movable property, not affixed to land, including but not limited to, goods, wares, merchandise, vehicles and household items and furnishings.

''Public warehouse'', any building, or part thereof, kept and maintained for the storage of goods, wares and merchandise as a business.

''Rental agreement'', any written agreement that establishes or modifies the terms, conditions or rules concerning the use and occupancy of a self-service storage facility.

''Self-service storage facility'', 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.

''Vehicle'', a motor vehicle, motorcycle, watercraft, trailer, semi-trailer, recreational vehicle, all-terrain or off road vehicle or any other titled vehicle.

''Verified mail'', any method of mailing that is offered by the United States Postal Service or private document delivery method that provides evidence of mailing.