STORAGE SPACE LEASE AGREEMENT
State of ________
This Storage Space Lease Agreement (this “Agreement”) is entered into and made effective as of ________ (the “Effective Date”), by and between the following parties:
________, a ________ organized and existing under the laws of the State of ________, having its principal place of business at the following address:
________
Email: ________
and ________, a ________ organized and existing under the laws of the State of ________, having its principal place of business at the following address:
________
Email: ________
Hereinafter, “Lessor” shall refer to ________, and “Lessee” shall refer to ________. Lessor and Lessee may be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, Lessor owns or otherwise has the lawful right to offer for rent certain self-service storage space;
WHEREAS, Lessee wishes to rent such storage space from Lessor for the storage of personal property;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1. LEASE OF SPACE
1.1 Lessor hereby agrees to provide, and Lessee agrees to rent, a storage space located at the following address:
________
1.2 The storage space shall be of the following description, unit number, and dimensions (the “Unit”):
________
1.3 Lessee’s rental of the Unit shall hereinafter be described as the “Lease.” This Agreement constitutes a rental of self-service storage space only and does not create a bailment or a landlord-tenant relationship establishing a residence. Lessor neither takes nor assumes custody, possession, or control of any property stored in the Unit.
§ 2. DURATION OF LEASE
2.1 The Lease shall commence on ________ (the “Start Date”) and shall continue on a month-to-month basis until terminated in accordance with this Agreement.
§ 3. RENT
3.1 For the Lease, Lessee agrees to pay and Lessor agrees to accept the sum of $________ (________) (the “Rent”), per month, throughout the duration of the Lease. The Rent is exclusive of any applicable taxes, which shall be the responsibility of Lessee.
3.2 Each Party acknowledges the sufficiency of the Rent as consideration for this Agreement.
3.3 Rent not received within ________ days after its due date shall be subject to a late charge of $________, which the Parties agree is a reasonable estimate of the administrative costs incurred by Lessor and not a penalty.
§ 4. SECURITY DEPOSIT
4.1 A security deposit in the amount of $________ (________) (the “Deposit”) is required. The Deposit shall be due on ________.
4.2 Upon full performance of this Agreement, surrender of the Unit in good condition (ordinary wear and tear excepted), and payment of all amounts due, Lessor shall return the Deposit to Lessee, less any amounts lawfully deducted for unpaid Rent, charges, damages, or cleaning, within the period required by applicable law. If the Lease is canceled prior to the Start Date, the Deposit may be refundable at Lessor’s sole and exclusive discretion.
§ 5. PAYMENT
5.1 The Rent shall be paid by the following accepted method(s) of payment:
________
5.2 Payment shall be due on the following day of each month: ________.
§ 6. DISCLAIMER OF WARRANTY
6.1 Lessee acknowledges that the Unit is leased “AS IS,” and Lessor hereby expressly disclaims any and all warranties of quality, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by applicable law.
§ 7. LIMITATION OF LIABILITY
7.1 Lessee agrees that all property stored in the Unit is stored at Lessee’s sole risk. Lessee agrees to hold Lessor harmless for any damage to or loss of any personal items or property stored in the Unit, and specifically agrees that Lessor shall not be responsible for any such damage or loss. In no event shall Lessor’s aggregate liability exceed the total amount paid by Lessee to Lessor under this Agreement. Lessee acknowledges and agrees that Lessor shall not be liable for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of or relating to this Agreement. Lessee is strongly encouraged to obtain and maintain adequate insurance covering Lessee’s person and stored property.
§ 8. ATTENDANTS
8.1 The Unit and premises may be supervised by attendants. Such attendants are not responsible for any personal items or property stored in the Unit, and no attendant has authority to assume custody of any stored property on behalf of Lessor.
§ 9. USE
9.1 Lessee acknowledges and agrees that the Unit is to be used exclusively for the storage of Lessee’s lawfully owned personal items and property. Electrical wiring within the Unit is prohibited. No person may reside or sleep in the Unit, and the Unit shall not be used as a residence or for any business operations except passive storage.
§ 10. ACCESS
10.1 Lessee shall have access to the Unit during the normal hours of operation established by Lessor. Lessor reserves the right to change the hours of access upon reasonable notice to Lessee. Lessee agrees to comply with all rules and regulations established by Lessor governing access to and use of the Unit and the premises on which it is located, which rules are incorporated herein by reference.
§ 11. PROHIBITED ITEMS
11.1 Lessee shall not store any flammable, explosive, hazardous, toxic, perishable, illegal, or otherwise dangerous materials in the Unit. Lessee shall not store any items that emit noxious odors, attract pests or vermin, or that are in violation of any applicable federal, state, or local law, ordinance, or regulation. Lessor reserves the right to inspect the Unit and to require the removal of any prohibited items.
§ 12. LESSOR’S LIEN; DEFAULT
12.1 Lessee shall be in default upon failure to pay the Rent or any other charge when due, or upon breach of any other term of this Agreement.
12.2 Lessee acknowledges and agrees that, pursuant to the applicable self-service storage facility lien statute of the State of ________, Lessor shall have a lien upon all personal property stored within the Unit for Rent, labor, late fees, and other charges, present or future, and for expenses reasonably incurred in the enforcement of such lien.
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12.4 Notices required in connection with the enforcement of Lessor’s lien shall be sent to Lessee at the address and email set forth at the head of this Agreement, or to such alternative address designated below for lien notices: ________.
§ 13. INSURANCE
13.1 Lessor does not insure Lessee’s stored property against loss or damage. Lessee, at Lessee’s sole expense, is responsible for obtaining and maintaining insurance covering the full value of the property stored in the Unit.
§ 14. TERMINATION
14.1 This Agreement may be terminated by either Party upon at least ________ days’ prior written notice to the other Party. Upon termination, Lessee shall remove all property from the Unit, return all keys, locks, and access devices, and leave the Unit in clean and good condition, ordinary wear and tear excepted.
§ 15. GENERAL PROVISIONS
A) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the State of ________ and any applicable federal law, without regard to its conflict-of-laws principles. Both Parties consent to the exclusive jurisdiction of the state and federal courts located in ________ County, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive in nature.
B) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
C) ASSIGNMENT: This Agreement, and the rights granted hereunder, may not be assigned, sold, leased, sublet, or otherwise transferred in whole or in part by Lessee without the prior written consent of Lessor.
D) AMENDMENTS: This Agreement may only be amended by a writing signed by both Parties, except that Lessor may modify its rules and regulations and hours of access upon reasonable written notice.
E) NO WAIVER: None of the terms of this Agreement shall be deemed waived by any act or acquiescence of either Party. Only an additional written agreement may constitute a waiver of any term hereof. No waiver of any term shall constitute a waiver of any other term or of the same term on a future date. Failure of either Party to enforce any term shall not constitute a waiver of such term or any other term.
F) SEVERABILITY: If any provision of this Agreement is held to be unenforceable, this Agreement shall be deemed amended to the extent necessary to render the provision enforceable, and the remainder of the Agreement shall remain valid and enforceable. If a court declines to so amend, the invalidity of any provision shall not affect the validity of the remaining terms, which shall be enforced as if the offending provision had not been included.
G) ENTIRE AGREEMENT: This Agreement, together with any rules and regulations incorporated herein, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
H) HEADINGS: Headings are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
I) COUNTERPARTS; ELECTRONIC SIGNATURES: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. Electronic signatures and electronically transmitted copies shall be valid and binding to the same extent as original signatures, in accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state law.
J) FORCE MAJEURE: Neither Party shall be liable to the other for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil or military authorities, riots, embargoes, natural disasters, and other unforeseen events.
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L) RELATIONSHIP OF PARTIES: Nothing in this Agreement shall create a partnership, joint venture, agency, or bailment between the Parties.
EXECUTION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
LESSOR
Name: ________
Representative Name: ________
Representative Title: ________
Representative Signature: _____________________
Date: ________
LESSEE
Name: ________
Representative Name: ________
Representative Title: ________
Representative Signature: _____________________
Date: ________