This Rental Agreement is entered into between Stor-It-Ville of Lucedale - Hwy 613, hereinafter referred to as “Owner” and Tenant listed above. In consideration of all the terms and conditions herein, Owner does hereby lease to Tenant the above-described storage space (hereinafter “Space” or “Premises”).
1. TERM: The term of this Agreement shall commence as of the date first written above and shall continue from the first day of the month immediately following on a month to month tenancy until terminated. All terms and conditions of this Agreement shall continue so long as Tenant retains possession of said space.
2. RENT: The Tenant agrees to pay the Owner, for the use of the space and improvement thereon, the monthly sum of $_______. Monthly rent is due and payable in advance at the office of the self storage facility on or day __ of each month and a like amount for each month thereafter, until the termination of this agreement. You will not be billed. If any monthly installment is not paid by __ of the month due, or if any check in payment is dishonored, Tenant shall be deemed to be in default. Default can also be the Tenant’s failure to perform any terms or conditions of this Rental Agreement or Tenant’s breach of the peace. If payment is not received by 5:00PM on the 15th day of the month it is due (rent plus late fees), Tenant’s property may be seized and is subject to foreclosure and sale. Any payments made to stop the foreclosure and sale of Tenant’s property must be paid by cash, certified funds or money order. Personal checks will not be accepted. Tenant agrees and understands that partial payments made to cure a default for nonpayment of rent will not delay or stop the sale of Tenant’s property. Partial payments do not waive or avoid the legal effect of prior notices given to Tenant. Only full payment on Tenant’s account prior to the published auction date will stop the scheduled sale of the property. Rental payments and other charges can be made by cash, corporate or personal check, bank check, certified funds, money order, Visa or Master Card. For a personal check to be accepted for payment, it must be fully printed with the check writer’s name, address and phone number. The Tenant must also provide social security number and show driver’s license.
3. FEES: Concurrently with the execution of this Rental Agreement, Tenant shall pay to Owner a nonrefundable Administration Fee in the amount of $_______. Payment is due by day __ of each month. Tenant acknowledges that late payment of monthly rent will cause Owner to incur costs not contemplated by this lease, the exact amount of such costs being extremely difficult to fix. Therefore, if any monthly rent payment is received after five (5) days from the rental due date, Tenant shall pay to Owner an additional sum of $_______ as a late fee for each month the rent is past due, such amount being considered liquidated damages. The parties agree that this late charge represents a fair and reasonable estimate of the costs the Owner will incur by reason of late payment by Tenant. Said late charge is due and payable without demand from Owner. Any account Seventy (70) or more days delinquent will be assessed an additional $_______ foreclosure/Sale fee. Tenant agrees to pay a $_______ charge (plus bank charges) for each returned check. Charges not collected in month incurred will be charged against the Tenant’s deposit. Owner reserves the right to impose separate fees for certified mailings ($10), advertisement expenses ($25) and other charges incurred due to the foreclosure of Tenant’s stored property.
4. ACCESS: If rent is not paid within five (5) days of the monthly due date, Owner may, without notice, deny the Tenant access to the property located in the self storage facility. Tenant’s access may be conditioned in any manner deemed necessary by Owner to maintain order and protect the premises. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity, searching vehicles and contents. If any monthly payment is not paid on the Due Date, or if any tendered payment is dishonored, the Owner may without notice, deny the Tenant access to the Space and the property stored in the self storage facility, and may place a different padlock on the Space. Additionally, if Tenant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Owner to deny access to Tenant to all rented Spaces. Notwithstanding installation of such devices, Owner shall in no event be liable for any damages or injury caused by Lessee’s inability to move between floors or to gain access to, or exit from the premises, whether because of mechanical or other electrical failure of the elevators, automatic access doors or electronic entry devices, or for any other reason. Access will be denied to any party other than the Lessee, unless said party retains gate code and key to lock on Space or has supplied Owner with written authorization from the Lessee to enter the Space.
5. OWNER’S LIEN: OWNER SHALL HAVE A LIEN ON ALL PERSONAL PROPERTY STORED IN THE SPACE FOR RENT, LABOR OR OTHER CHARGES, PRESENT AND FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND THE EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHE STORAGE FACILITY ACT SET FORTH IN SECTIONS 85-7-121 to 85-7-129 OF THE MISSISSIPPI STATUTES, THE LIEN PROVIDED HEREUNDER ATTACHES AS OF THE DATE THAT THE PERSONAL PROPERTY IS BROUGHT TO THE PREMISES, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY, OWNER MAY ENFORCE ITS LIEN BY SELLING OR OTHERWISE DISPOSING OF THE PERSONAL PROPERTY STORED IN THE SPACE.
6. USE AND COMPLIANCE WITH LAW: The space named herein is to be used by the Tenant solely for the purpose of storing any personal property belonging to the Tenant. The Tenant agrees not to store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the space which would cause danger or nuisance to the space of facility. The Tenant agrees that the property will not be used for any purposes unlawful or contrary to any ordinance, regulation, fire code or health code and the Tenant agrees not to commit waste, nor to create a nuisance, nor alter or affix signs on the space, and will keep the space in good condition during the term of the Agreement. The Tenant agrees not to store jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special or emotional value to the Tenant. There shall be NO HABITABLE OCCUPANCY of the space by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate TERMINATION of the Agreement.
7. LIMITATION OF VALUE: Tenant agrees that in no event shall the total value of all property stored be deemed to exceed $5,000 unless Owner has given permission in writing for Tenant to store property exceeding $5,000 in value and Tenant has provided proof of insurance to Owner to cover the value of the stored property. Tenant agrees that the maximum value for any claim or suit by Tenant, including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit is $5,000. Nothing in this section shall be deemed to create any liability on the part of Owner to Tenant for any loss or damage to Tenant’s property, regardless of cause.
8. TENANT’S RISK OF LOSS: No bailment is created by this Agreement. Owner is not a warehouseman engaged in the business of storing goods for hire. The exclusive care, custody and control of any and all personal property stored in the leased space shall remain vested in the Tenant, and all property stored within or on the space by Tenant or located at the facility by anyone shall be stored at Tenant’s sole risk. Owner and Owner’s agents and employees shall not be liable for any loss of or damage to any personal property while at the rented premises arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water damage, mold, mildew, rodents, insects, Acts of God, the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees.
9. INSURANCE: Tenant, at Tenant’s expense, shall secure its own insurance to protect itself and its property against all perils of whatsoever nature. Insurance on Tenant’s property is a material condition of this Agreement and Tenant assumes all risk of loss to stored property that would be covered by such insurance. Insurance carried by the Owner shall be for the sole benefit of the Owner and Tenant shall make no claim whatsoever against Owner’s insurance. Tenant agrees not to subrogate against or allow Tenant’s insurance company to subrogate against Owner in the event of loss or damage of any kind or from any cause.
10. INDEMNIFICATION OF OWNER: Tenant will indemnify and hold the Owner harmless from and against any and all manner of claims for damages or lost property or personal injury and costs including attorney’s fees arising from Tenant’s lease of the space on the facility or from any activity, work or thing done, permitted or suffered by Tenant in or on the space or about the facility.
11. TENANT’S LIABILITY: In the event of a foreclosure, it is understood and agreed that the liability of Tenant for the rents, charges, costs and expenses provided for in this rental agreement shall not be relinquished, diminished or extinguished prior to payment in full. If any property remains unsold after foreclosure and sale, owner may dispose of said property in any manner considered appropriate by Owner. Tenant hereby waives and renounces its right to the benefit of any constitutional or statutory exemptions as to its property in the space.
12. CONDITION AND ALTERATION OF PREMISES: Tenant assumes responsibility for having examined the premises and hereby accepts it as being in good order and condition. Tenant understands that all unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the storage space. Should Tenant damage or depreciate the space, or make alterations or improvements without the prior consent of the Owner, or require the Owner to incur costs to clean the Space upon termination, then all costs necessary to restore the space to its prior condition shall be borne by Tenant. Owner has the right to declare any such costs to repair as “rent” and non-payment of said costs to entitle Owner to deny Tenant access to the Space.
13. TERMINATION: This Agreement shall continue from month to month unless Tenant or Owner delivers to the other party a written notice of its intentions to terminate the agreement at least five (5) days prior to the end of the current rental month. Tenant shall remove all personal property from the space and shall deliver possession of the space to the Owner no later than the end of the current rental month unless such property is subject to Owner’s lien rights as referenced in this Rental Agreement. If Tenant fails to fully remove its property from the space within the time required, Owner, at its option, may without further notice or demand, either directly or through legal process, reenter the Tenant’s unit and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. This Agreement shall automatically terminate if Tenant abandons space. Tenant shall have abandoned the space if Tenant has removed the contents of the space, and/or has removed Tenant’s locking device from the space and IS NOT current in all obligations hereunder. Rent paid for month in which Tenant moves out early shall not be refunded.
14. OWNER’S RIGHT TO ENTER: In cases where Owner considers it necessary to enter the space for purposes of examining the space for violation of this agreement or condition in the space or making repairs or alterations thereto, or to comply with this agreement, Tenant agrees that Owner, or Owner’s representative, shall have the right without notice to enter into and upon the space and Owner reserves the right to remove contents to another space.
15. ASSIGNMENT AND SUBLETTING: Tenant shall not assign this Agreement or sublet the whole or any portion of the space rented hereunder.
16. WAIVER/ENFORCEABILITY: In the event any part of this Agreement shall be held invalid or unenforceable the remaining part of this Rental Agreement shall be in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by Owner of any provisions hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by Tenant of the same or any other provision.
17. ATTORNEY’S FEES: In the event the Owner retains the services of an attorney to recover any sums due under this Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand claim or action brought by the Tenant, the Tenant agrees to pay to the Owner the reasonable costs, expenses, and attorney’s fees incurred in any such action.
18. SUCCESSION: This Agreement is binding upon the parties, their heirs, successors, personal representatives and assigns.
19. GOVERNING LAW: This Agreement and any actions between the parties shall be interpreted by and governed by the laws of the State of Mississippi.
20. WAIVER OF JURY TRIAL: Owner and Tenant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint brought by either Owner against Tenant, or Tenant against Owner on any matter arising out of or in any way connected with this Rental Agreement, Tenant’s use or occupancy of the storage space, or any claim of bodily injury or property damage or the enforcement of any remedy under any law, statute, or regulation.
21. RULES AND REGULATIONS: Tenant agrees to be bound by the Rules and Regulations as posted by the Owner from time to time. All Rules and Regulations shall be deemed to be part of this agreement and incorporated herein.
22. NOTICES FROM OWNER: All notices from Owner shall be sent by first class mail postage prepaid to Tenant’s last known address or to the electronic mail address provided by the Tenant in this Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law.
23. NOTICES FROM TENANT: Tenant represents and warrants that the information Tenant has supplied in the Agreement is true, accurate and correct and Tenant understands that Owner is relying on Tenant’s representations. Tenant agrees to give prompt written notice to Owner of any change in Tenant’s address, any change in the liens and secured interest on Tenant’s property in the Space and any removal or addition of property to or out of the Space. Tenant understands he must personally deliver such notice to Owner or mail the notice by certified mail, return receipt requested, with postage prepaid to Owner at the address shown on the Agreement or by e-mail only if e-mail is acknowledged by Owner.
24. CHANGES: All terms of this Agreement, including but without limitation, monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days prior written notice to Tenant. If changed, the Tenant may terminate this Agreement on the effective date of the change by giving Owner ten (10) days prior written notice to terminate after receiving notice of the change. If the Tenant does not give such notice, the change shall become effective and apply to his occupancy.
25. PERSONAL INJURY: Owner and Owner’s agents and employees shall not be liable whatsoever to any extent to Tenant or Tenant’s invitees, family, employees, agents or servants for any personal injury or death arising from Tenant’s use of the storage space or premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Owner, Owner’s agents, or employees.
26. LOCKS: Owner shall assume that possession of a key and gate code is evidence of authority to enter Tenant’s Space. Should Tenant appoint another person(s) or organization(s) to enter the Space, Tenant shall be responsible for the conduct of such person(s) or organization(s). Tenant shall provide, at Tenant’s own expense a lock for the Space which Tenant, in Tenant’s sole discretion, deems sufficient to secure the Space. In the event such lock or security device is rendered ineffectual for its intended purpose from any cause, or the Space is rendered unsecure in any manner, Owner may, at its sole option, take whatever measures are deemed reasonably necessary by Owner to re-secure the access to Tenant’s Space. Owner is not responsible for taking any measures or for notifying Tenant that the Space has become unsecure. The fact that Owner has taken measures to resecure the access to Tenant’s Space under this paragraph shall not alter the release of Owner’s liability, nor shall such measures be deemed conversion of Tenant’s Property in the Space. Space shall be immediately locked upon execution of the Agreement. Tenant shall not provide Owner or Owner’s agents with a key and/or combination to Tenant’s lock unless deliveries are to be accepted by Owner on Tenant’s behalf, pursuant to a separate agreement to that effect.
27. MILITARY SERVICE: IF YOU ARE IN THE MILITARY SERVICE, Tenant must provide written notice to Owner. Owner will rely on this information for the Service Members Civil Relief Act.
28. FINANCIAL INFORMATION: Owner does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. Tenant waives and releases any and all claims or actions against Owner for damages arising from the use of said information by others.
29. CLIMATE CONTROL: Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Owner does not warrant or guarantee temperature or humidity ranges in the space.
30. NO ORAL AGREEMENTS: This Rental Agreement contains the entire agreement between Owner and Tenant and no oral agreements shall be of any effect whatsoever. Tenant acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the Space for the storage of Tenant’s property, and that Tenant has made his or her own determination of such matters solely from inspection of the Space and the Facility. Tenant agrees that he is not relying, and will not rely, upon any oral representation made by Owner, the Manager or by any of their respective agents, employees or affiliates purporting to modify or add to this Rental Agreement.
31. PERMISSION TO CALL, FAX, E-MAIL OR TEXT: Tenant recognizes Owner and Tenant are entering to a business relationship as Owner and Tenant. As such, to the extent any Federal or State law prohibits Owner from contacting Tenant by phone, fax, e-mail or text, Tenant hereby consents to Owner phoning, faxing, e-mailing and texting Tenant with marketing and/or other business-related communications.
32. STORAGE OF MOTOR VEHICLES: In the event that any motor vehicle remains stored in the Space after termination of the Rental Agreement or upon Tenant’s default, and in addition to all other rights and remedies available to Owner, Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Tenant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Tenant’s expense. Owner shall incur no liability to Tenant for causing the vehicle to be removed pursuant to this paragraph. NOTICE TO TENANT: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT AND FULLY UNDERSTAND THE COVENANTS CONTAINED HEREIN. KEEP A COPY OF THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. TENANT HEREBY ACKNOWLEDGES BY SIGNING THIS AGREEMENT THAT HE HAS READ, UNDERSTOOD AND ACCEPTS ALL TERMS AND CONDITIONS EXPRESSED IN THIS AGREEMENT.