SELF-STORAGE RENTAL AGREEMENT TERMS

 

 

NOTICE: NEVADA REVISED STATUTES CHAPTER 108.473 THROUGH 108.4783 PROVIDES THAT YOUR PERSONAL PROPERTY WILL BE SUBJECT TO A CLAIM OF LIEN AND MAY EVEN BE SOLD TO SATISFY THE LIEN, OR DISPOSED OF, IF THE RENT OR OTHER CHARGES DUE PURSUANT TO THIS AGREEMENT REMAIN UNPAID FOR 14 CONSECUTIVE DAYS (SEE PARAGRAPH 9 BELOW). LESSOR MAY HAVE A VEHICLE OR BOAT TOWED FROM THE PREMISES IF RENT IS NOT PAID FOR 60 DAYS PER NRS 108.4763(d). Owner has no liability for loss of or damage to vehicle or boat when taken by tower.

 

 

1. TERM: The term of this Agreement shall commence on the date set forth above and shall continue on a month-to-month tenancy, until LESSEE has removed his property from the premises and has given seven (7) days written notice thereof to LESSOR, LESSOR may terminate this Agreement with or without cause as of the end of any storage term, and LESSOR may terminate this Agreement for reasonable cause at any time by giving LESSEE written notice thereof at least 24 hours prior to the termination date (and upon refunding any unearned rental).

 

2. PREMISES: LESSOR hereby leases to LESSEE, and LESSEE rents from LESSOR, on the terms and conditions herein set forth, the self-storage facility de-scribed above, or the vehicle space described above, herein called “the premises”. The premises shall be used solely for the purpose of storage, with LESSEE retaining the care custody and control of storage unit shown above, pursuant to the terms and conditions of this Agreement and for no other purpose whatsoever (see paragraphs 12, 13, 14, 15 and 16 below). IT IS UNLAWFUL TO USE A STORAGE SPACE IN THIS FACILITY AS A RESIDENCE.

 

3. RENTAL: LESSEE agrees to pay to LESSOR as rental for the premises the sum of money set forth in the rent schedule above; provided, however, that all rental rates shall be subject to change upon 30 days written notice to LESSEE, and at the expiration of such 30-day period, the new rental rate shall thereupon be effective as if set forth in this Agreement. All rental is payable in advance, shall be a minimum of one month, and shall be due on the anniversary date of the original rental each month.

 

4. SERVICE CHARGES: It is expressly understood and agreed the LESSOR is not required to nor does LESSOR send out monthly statements or reminders of rental due dates. Notification will only be given when rent is delinquent, and such First Notice will have a Service Charge as posted in the rent schedule above, followed by a Notice of Lien when LESSEE is 30 days delinquent, which will have a Service Charge of $20.00 (see paragraph 7). There will be a service charge for each rent payment which is paid ten (10) days or more after the date it is due and for any returned check, to defray clerical and administrative expenses which ordinarily result from such delinquencies. The amount of such service charge is posted in the rent schedule above. Such charge is due without prior notice as additional rental. Notwithstanding the service charge, time is of the essence and in the event any rental is due and unpaid, the LESSOR may terminate this Agreement by reason of default in the payment of rent.

 

5. INSPECTION: LESSEE has been afforded an opportunity to inspect the premises and the project property, and by placing his initials in the margin, acknowledges and agrees that the premises and the common areas of the project, including the safety and security thereof, are satisfactory for LESSEE’s intended use of the premises or the common areas of the project. LESSEE shall be entitled to access to the premises and the common areas of the project only during such hours and on such days as are regularly posted at the project. At the termination of this tenancy, it shall be LESSEE’s responsibility to return the facility in the same condition it was in when rented to LESSOR.LESSOR shall not be deemed to, either expressly or implied, provide any security or protection to LESSEE’s property. Any security devises which LESSOR may maintain are for the protection of LESSOR’s investment, including but not limited to building and equipment. LESSOR may discontinue their use at any time without notice.

 

6. LOCKOUT PROVISION: By placing his initials on the margin here, LESSEE hereby waives the fourteen (14) day notice of lockout provision provided in NRS Code Chapter 108.476. LESSEE’S initials herein further signify LESSEE’S agreement that if any charges for rent or other items owed by LESSEE remain unpaid for ten (10) days or more, the LESSOR may terminate the LESSEE’S right to use his individual space at the facility not less than six (6) days before sending a notice by verified mail to the LESSEE at his last address and to the alternative address, if any, provided by LESSEE in the rental agreement. All other provisions of the code remain the same and unprejudiced.

 

7. NO BAILMENT CREATED: This Agreement does not create a bailment, but it is an Agreement concerning the use and occupancy of a self-service storage facility only. LESSEE agrees that this Agreement is governed by the provisions of the Nevada Revised Statutes, sections 108.473 et seq. (the “Act”). LESSEE acknowledges and agrees that LESSEE’s personal property will be subject to a claim of lien by LESSOR and may be sold to satisfy the lien or disposed of if the rent or other charges due remain unpaid for fourteen (14) consecutive days, and that such action is authorized by the Act. LESSEE acknowledges and agrees that if a notice has been sent as required by the Act, and the total sum due has not been paid as of the date specified in the notice, LESSOR may deny LESSEE access to the premises, enter the premises, and remove any property found therein to a place of safekeeping. A full copy of the Act is on file on LESSOR’s main business office, or LESSEE may obtain a copy from any public library or attorney’s office. Enforcement of such lien rights by LESSOR shall not constitute an election of remedies, and LESSOR may, after sale, pursue LESSEE for delinquent rents, damages, attorneys’ fees, and any other damages not satisfied from the proceeds of a sale of LESSEE’s property. Section 108 of the Act requires that LESSOR must simultaneously send a notice to LESSEE and to LESSEE’s alternative person when rent remains unpaid for fourteen (14) or more consecutive days. The service charge posted in the rent schedule shall be applied upon the mailing of each required legal notice.

 

8. NON-LIABILITY OF LESSOR FOR DAMAGES; NON-LIABILITY OF OWNER FOR LESSEE’S POSSESSIONS: This Agreement is made on the express condition that LESSOR is to be free from all liability and claim for damages by reason of injury of any kind to any person, including LESSEE, or Property of any kind whatsoever and to whomever belonging, including LESSEE, from any cause or causes whatsoever, including negligence, while in, upon, or in any way connected with the premises during the term of this Agreement or any extension hereof, except injuries caused by an affirmative act of LESSOR or LESSOR’s agent, and LESSEE hereby agrees to hold LESSOR harmless from any liability, loss, cost (including, without limitation, attorney’s fees) or obligation on account of or arising out of any such injuries or losses however occurring, and LESSEE agrees that LESSOR’s liability for damage occasioned by it or its agent shall be limited to the sum of $100.00.

 

9. INSURANCE OBLIGATIONS OF LESSEE: LESSEE is advised to maintain or secure fire, extended coverage and comprehensive liability insurance covering the full insurable value of goods stored on the premises. Customer storage insurance is available for optional purchase by LESSEE. A brochure covering insurance is available in the rental office. Security for all vehicles is the sole responsibility of LESSEE.

 

10. COMPLIANCE WITH LAW: The storage of welding, flammable, explosive, corrosive, hazardous contaminants or other inherently dangerous material is prohibited. LESSEE shall not store in the premises any items which shall be in violation of any order or requirements imposed by any Board of Health, Sanitary Department, Police Department or other government agency or in violation of any other legal requirements, or do any act or cause to be done any act which creates or may create a nuisance. LESSEE agrees to hold harmless and indemnify the LESSOR for any and all claims pertaining to the storage of prohibited substances, including transportation of same to and from the storage unit.

 

11. PROTECTED PROPERTY: Lessee must disclose to the LESSOR any items of “protected property” as defined in NRS 108-4783, revised by Senate Bill 150 in the storage space (documents, film or electronic data that contain personal data, pharmaceuticals, alcohol, guns, legal documentation containing social security numbers, personal info, credit or debit card numbers in connection with a LESSEE’s business) the sale of which or prohibition against the sale of which is regulated by the state or federal law. If LESSEE is subject to licensing or registration, LESSEE agrees to notify their regulatory agency that they are storing protected property and give a copy to LESSOR. LESSEE agrees to provide an additional contact (in addition to Alternate Contact) to LESSOR if they are storing “protected property” in a storage space at this facility.

 

12. USE AND ALTERATIONS: LESSEE shall not make or allow any alterations to the premises. The premises shall be used for storage purposes only as to those items approved for such storage by LESSOR, such as merchandise, materials, supplies, equipment, boats and campers owned by LESSEE, and for no other use, and agrees to notify LESSOR if the value of stored items exceeds $5,000.00. All property stored shall be wholly owned by LESSEE. LESSEE agrees to comply with the rules and regulations of LESSOR, and further agrees that LESSOR shall have the continuing right to amend such rules and regulations from time to time as LESSOR in his sole discretion shall deem proper, and LESSEE agrees to comply with such amendments within a reasonable time following notification of such amendments. LESSEE acknowledges that he has read the rules and regulations attached hereto and that LESSEE has also observed a copy of said rules and regulations posted in the office of the project.

 

13. LIMITATION OF VALUE: LESSEE agrees not to store property with a total value in excess of $5,000.00 without written permission of the LESSOR. If such written permission is not obtained, the value of LESSEE’s property will be deemed not to exceed $5,000.00.

 

14. WASTE, QUIET CONDUCT, MAINTENANCE: LESSEE shall not commit, or allow to be committed, any waste upon the premises or in any building or property adjacent to the premises, nor shall LESSEE use the premises for any business use or purpose or in any manner deemed by LESSOR to be disreputable or hazardous. LESSEE shall take good care of the premises and shall repair any damage, whether to the interior and/or exterior of the premises, necessitated or occasioned by the act or neglect of LESSEE or any agent of LESSEE or other person for whose acts LESSEE is responsible.

 

15. LOCKS: LESSEE shall supply his own lock to the premises. LESSOR shall not at any time be in possession of a key for LESSEE’s lock. LESSEE shall not put more than one lock on his unit at any time. LESSOR has the right, as it deems necessary, to remove such lock by cutting or other means, to gain entry to the premises under paragraph 19 below. LESSOR shall not be held liable for replacement of any lock that is damaged by forced entry by the LESSOR under provisions of paragraph 19 below.

 

16. ABANDONMENT OF LESSEE’S PROPERTY: Any property which shall remain on the premises after the expiration or termination of this Agreement shall be deemed to have been abandoned, and may be sold or disposed of as provided by law. If such property or any part thereof shall be sold, LESSOR may receiveand retain the proceeds of such sale and apply the same, at its option, against the expense of the sale, the cost of moving and storage, any arrears of rent or additional rent payable hereunder and any damages to which LESSOR may be entitled.

 

17. LESSOR’S RIGHT OF ENTRY: If any default shall be made in any of the covenants herein contained, or if LESSEE shall abandon the premises, LESSOR may enter the premises and remove all property therefrom, in which event this Agreement shall terminate, without prejudice to LESSOR’s right to recover rent due and unpaid through the date of such entry, damages in respect of any default under this lease, and such other amounts as may be recoverable pursuant to law. In the event of a breach of this Agreement or abandonment of the premises by LESSEE prior to the expiration of the Agreement. LESSOR may, at its option, determine not to terminate this Agreement, in which event the Agreement shall continue in effect and LESSOR may enforce all of its rights and remedies under this Agreement. LESSEE agrees that LESSOR and LESSOR’s agents and other representatives shall have the right to enter into and upon the premises, or any part thereof, at all reasonable hours for the purpose of examining the same, or making such repairs or alterations therein as may be necessary, or at any time as may be necessary in a situation which is deemed, in LESSOR’s sole discretion, to be an emergency.

 

18. NO WARRANTIES: LESSOR hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the premises and LESSEE hereby acknowledges as provided in paragraph 6 above that LESSEE has inspected the premises and hereby acknowledges and agrees that LESSOR does not represent or guarantee the safety or security of the premises or of any property stored therein. LESSOR makes no representations concerning the driveway, fences, gates or lighting on or about the premises. This Agreement sets forth the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior Agreements or understandings with respect thereto. No representative of LESSOR is authorized to make any representations or warranties on behalf of LESSOR.

 

19. ACCEPTANCE OF PAYMENT OF RENT: In the event of a default by LESSEE, LESSEE agrees that (a) the tender of the rental by LESSEE and the acceptance thereof by LESSOR, if not the full amount due, or (b) the allowing of LESSEE to remove his personal property from the premises, after the delivery of a preliminary lien notice or during the pendency of an unlawful detainer action, shall not constitute a waiver of the preliminary lien notice, the notice of termination nor shall it reinstate the terms and provisions of this Agreement.

 

20. ASSIGNMENT: LESSEE shall not assign or sublease the premises or any portion thereof. Any attempt to assign or sublease shall be void.

 

21. WAIVER: The waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition upon any subsequent breach of the same term, covenant or condition. Any subsequent acceptance of performance shall be deemed to be a waiver of any preceding breach of any term, covenant or condition of this Agreement, other than the failure to perform the particular duties subsequently accepted, regardless of knowledge of such preceding breach at the time of acceptance of such performance.

 

22. ATTORNEYS’ FEES AND COSTS: In the event any action be instituted, or other proceedings taken to enforce any covenant, herein contained or to recover any rent due or to recover possession of the premises for any default or breach of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees, costs and expenses.

 

23. SUCCESSORS: All the provisions shall apply to the heirs, executors, representative’s successors and assigns of LESSEE and of LESSOR.

 

24. NUMBER AND GENDER: Wherever the context of this Agreement appears to require it, the singular number shall include the plural, and vice versa, and the masculine gender shall include the feminine and/or neuter genders, and vice versa.

 

25. CONSTRUCTION: This Agreement has been reviewed and negotiated and its terms and provisions explained to LESSEE. Accordingly, this Agreement shall be construed for or against either LESSOR or LESSEE.

 

26. SEVERABILITY: In the event that any of the provisions of portions thereof of this Agreement are held to be unenforceable, invalid, void or illegal by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions or portions hereof shall not be affected or impaired thereby.

 

27. NOTICES: The address given herein by LESSEE shall remain his address for all notices until LESSEE notifies LESSOR in writing of any change. All notices required to be given hereunder or in any legal action are to be sent to the recipient’s address set forth on page one (1) and to the recipient’s electronic mail address, if provided on page one (1).

 

28. LESSOR’S ACCESS: In LESSOR’s sole discretion, LESSEE’s access to the premises may be conditioned in any manner deemed reasonably necessary by LESSOR to maintain order and protect security on the premises. Such measures may include, but are not limited to, limiting hours of operation, and requiring LESSEE’s I.D.

 

29. NO ORAL AGREEMENTS: This rental Agreement contains the entire Agreement between LESSOR and LESSEE and no oral Agreements shall be of any affect whatsoever. LESSEE agrees that he is not relying, and will not rely, upon any oral representation made by LESSOR or any of LESSOR’s agents or employees purporting to modify or add to this Agreement in any manner.