THIS LEASE AGREEMENT is executed as of the date shown at the bottom of the agreement, by and between Property Development LLC, a West Virginia limited liability company also doing business as Bakers Ridge Storage (Landlord) , and the occupant whose electronic signature is shown at the bottom of the agreement (Tenant).
WHEREAS, Tenant desires to rent from Landlord storage space number designated at the bottom of the agreement , and Landlord desires to rent the same to Tenant.
W I T N E S S E T H:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant do hereby agree as follows:
1. TERM: This Agreement shall commence on the date of this contract and shall continue from month to month thereafter, provided, however, that the term of this Agreement shall automatically extend on the same terms and conditions for similar succeeding months at the stated rent, or increased rental rate, and until Tenant has removed his or her property from the premises and has given written notice thereof to Landlord at least thirty (30) days in advance of vacating date. The termination date will always fall on the last day of the calendar month subsequent to such thirty (30) days notice. Failure to give at least thirty (30) days notice will result in Tenant forfeiting their security deposit.
2. CORRECT INFORMATION: Tenant agrees NOT to use incognito (false) names, addresses, phone numbers or social security number. To do so, the Tenant understands he or she will forfeit any and all claim to his personal property, unused rent and security deposit.
3. DEPOSIT: Tenant shall pay in advance a security, cleaning, and damage deposit equal to one month's rent to be held by Landlord for the faithful performance of the terms of this Lease, for cleaning and repair of the premises (unit) until after surrender of same by Tenant. The deposit will be refunded to Tenant within two (2) weeks, by U. S. mail, after Tenant vacates the premises, less all charges for cleaning, repairing, replacement of any missing items, or other amounts due under this lease when necessary to compensate Landlord for loss or damage caused by the breach of Tenant, including any amounts necessary to compensate Landlord for delinquent rent.
4. RESERVATION FEE: If Tenant chooses to reserve a unit for future use (units may not be reserved for more than 30 days) in advance of renting the unit, a reservation fee equal to the amount of the security deposit will be assessed. Upon rental of the unit by the reserving party, the reservation fee will then be considered as a security deposit on the unit. Should the reservation fee not be converted to a rental after 30 days, the fee is not refundable, and will be retained by the Landlord.
5. RENTAL: Rental for the space is for the amount shown at the bottom of the page, payable monthly to Landlord at its address hereinafter set out. If this lease commences other than on the first day of a calendar month, the rent in respect to such month shall be prorated and calculated by multiplying the applicable rental rate by a fraction, the numerator of which equals the number of days of the month remaining in such month, and the denominator of which equals the total number of days in such month. In the event the rent is not paid within fifteen (15) days after due date, Tenant agrees to pay ten percent (10%) of monthly rent as liquidated damages for said late payment as additional rent. Notice: The monthly occupancy charge and other charges stated in this Agreement are the actual charges Tenant must pay. The Landlord is a landlord renting space for the Landlord's self-service unit and is not a bailer or warehouseman storing goods. An over-lock will be placed on Landlord's unit if rent is thirty (30) days in arrears. If rent is more than sixty (60) days past due, Tenant authorizes the Landlord to charge all past due rents and fees to the Tenant and/or the lock will be removed and unit contents may be offered for sale at public auction and/or disposed of as deemed necessary by Owner.
6. STATEMENT/INVOICES/NOTICES: It is expressly understood and agreed that the Landlord is not required to, nor does Landlord send out, monthly statements/invoices or reminders of rental due dates. Notification may, or may not, be given when rent is sixty (60) days, or more, delinquent.
7. OCCUPANCY AND COMPLIANCE WITH THE LAW: This storage unit shall be used only for personal property. The storage of items including, but not limited to, hazardous materials, cleaning fluids, explosives, flammable liquids, contraband or any organic chemicals of any kind are strictly prohibited. Tenant shall not store any items which shall be in violation of any order or requirement imposed by any Board of Health, Sanitary Department, Police Department, or other governmental agency, or in violation with any other legal requirement, or due any act or cause to be done any act which creates or may create a nuisance in or upon or connected with the premises. Tenant agrees to place no more than one (1) lock, of his/hers own choice on the unit. Landlord reserves the right to inspect the rental unit at any time, and/or supervise the placement of all items in the rental space, to ensure compliance with the provisions hereof. Tenant cannot use his or her storage unit for any other purpose other than a storage area for his or her personal property, without the prior written consent of the Landlord. Tenant is to store no property on the premises which is not wholly owned by Tenant.
8. CONDITION AND ALTERATION OF PREMISES: Tenant accepts premises/unit as being in good order and condition and agrees to pay Landlord promptly for any repairs of the premises caused by Tenant's negligence or misuse. Tenant shall make no alterations without the prior consent of Owner. All costs necessary to restore the premises to its prior condition shall be borne by Tenant. Tenant shall deliver the rental unit at the end of this Lease in as good a condition as was delivered to Tenant, reasonable wear and tear accepted.
9. DEFAULT: Tenant agrees that any of the following shall be deemed a default by Tenant and a breach of this lease:
a) Default in the payment of rent when it is due, whether demand shall have been made or not. Rent is due the 1st of each month.
b) Any default by the Tenant in the performance of any other provision, covenant or condition of this Lease.
c) Denial by the Tenant of any rights reserved in this Lease.
d) In the event of legal proceedings by or against the Tenant looking to a disposition of the personal property, or any part thereof, stored on the premises.
e) Any abandonment, desertion or vacation of the premises by the Tenant.
f) The use of the premises by the Tenant or others for any illegal purpose.
10. LIEN: Tenant hereby grants unto Landlord a lien on all property stored within the premises to secure payment of rent and other charges and expenses reasonably incurred by Landlord pursuant to this Agreement. The lien shall attach as of the date the property is stored in the premises and shall extend to all property which is stored in the premises and to all proceeds from the sale of said property after satisfaction of any perfected liens against said property which are prior in right to the lien herein granted by Tenant to Landlord. A lien shall be placed upon the property stored in said storage area and provisions for its sale to pay for any rent, labor or other charges and for expenses reasonably incurred in it sale. Any remaining balance, together with any unsold property, shall revert to Tenant with such property being removed from Landlord's premises at Tenant's expense. In addition, all of the rent for the then current period of this Lease shall become due and payable, whether or not such rent has occurred subject to a credit of such net amount of rent as the Landlord may receive if it shall rent the premises, but it shall be under no obligation to rent said premises. The Landlord's lien is superior to any other lien or security interest, except those which are perfected and recorded prior to date of this Agreement. The Landlord's lien attaches as of the date of this contract.
11. ATTORNEYS FEES: In the event that attorneys fees, costs or any other expenses are incurred by Landlord due to the Tenant's default or breach of this Agreement, the Tenant hereby agrees to pay an additional Two Hundred Fifty Dollars ($250.00) for attorneys fees and costs.
12. LIABILITY: Tenant shall hold Landlord and its agents harmless from all claims or loss or damage to any personal property and/or injury to it, such as, but not limited to, falling objects, slipping and/or falling on the premises, or any injury caused by another renter or another tenant. Tenant hereby expressly releases Landlord from any and all liability or loss or damage to Tenant's property or effects arising out of, but not limited to, fire, explosion, water damage, burglary, theft, mysterious disappearance, rodents, insects, acts of God, or the active or passive acts or omissions or negligence of Landlord or Landlord's agents. Tenant agrees he/she will not store: heirlooms, jewelry, collectibles, and works of art, or possessions that have a sentimental value. Tenant understands his/her property is being stored at his/her own risk. Landlord carries no insurance which in any way covers any loss whatsoever incurred by the Tenant. Tenant acknowledges he/she understands that the Landlord has no insurance insuring Tenantâ€(tm)s personal property; any such insurance is to be the responsibility of Tenant.
13. TERMINATION: Landlord may terminate this Agreement with or without cause as of the end of any storage month, and Landlord may terminate this Lease for reasonable cause at any time by giving Tenant written notice thereof at least twenty-four (24) hours prior to the termination date and upon refunding any unearned rental. In the event of any such default by the Tenant, the Landlord may, at its option, by written notice to the Tenant, terminate this Lease, and the Tenant shall thereafter have no right on said premises. Should Landlord so act, then Landlord may, with or without notice to Tenant, take immediate possession of the premises by removing Tenant's lock, the expense of which will be charged to Tenant's account, and taking possession of the premises and all personal property located therein. This Agreement and any actions between the parties shall be interpreted by the laws of the State of West Virginia.
14. ASSIGNMENT OR SUBLETTING: Tenant shall not sublet or assign all or any portion of the premises of Tenant's interest therein without prior written consent of the Landlord.
15. RULES: Tenant agrees to abide by all rules, regulations and policies that are posted and are now in effect or that may be put into effect in the future. By reference, the attached Landlord's Rules and Regulations and Fees Charged, are made a part of this Agreement.
16. ADDRESS CHANGE: Tenant must supply any change of address, in writing, or change of telephone number to the Landlord within one (1) week of said change.
17. RETURNED CHECKS: Tenant will be charged Thirty-five Dollars ($35.00) for any check or ACH transaction returned by the issuing financial institution, to defray clerical and administrative expenses which ordinarily result from such delinquencies.
18. NOTICE: Any notice required by this Agreement to be given to Tenant shall be deemed sufficient when postmarked registered mail, return receipt requested, to Tenant at the Tenant's last-known primary address and secondary address, if any.
Tenant, as of the date shown below, acknowledges it has read and is in receipt of a copy of this Agreement.
ADDITIONAL FEES CHARGED
1. LATE FEE - 10% of monthly rent. All rent is due on the 1st day of each month. Rent remaining unpaid through the 15th will be charged a late fee equivalent to 10% of the monthly rent on the 16th.
2. CLEANING FEE - $50. If Tenant vacates leaving the unit dirty, the cleaning fee will be deducted from their security deposit.
3. LOCK REMOVAL FEE - $35. This fee is charged if the Landlord is requested to cut, grind, or otherwise remove a lock from a tenant's unit.
4. EARLY DEPARTURE FEE - Amount of security deposit (one month's rent). This fee is only charged if Tenant fails to give at least thirty (30) days advance notice of his or her departure (vacating).
5. RETURNED CHECKS - $35. Bank checks returned by your bank, for any reason, will be charged this fee.
6. DAMAGES CAUSED BY TENANT to unit, or other property within the compound, such as running into buildings, etc., will pay the actual cost to repair the same.
A. Units sixty (60) days past due will be placed up for auction, private sale, or disposal.
B. Tenant's lock will be cut and removed from the storage unit after thirty (30) days.
C. Tenant will be notified of pending auction, sale or disposal at his/her address of record.
D. All units not redeemed by 6 p.m. of the DEADLINE DATE (a week before the auction, private sale or disposal), will be auctioned to the highest bidder, sold by private sale or disposed of at Landlord's discretion. Tenant will be permitted to bid on the day of the auction if the items are sold at auction.
RULES & REGULATIONS
1. Your rent is due the 1st day of each month. It will be your responsibility to see that the rent is paid promptly because invoices or statements are not mailed to the renter. A Late Fee of Ten Percent (10%) of the monthly rental rate will be charged if the rent is not paid by the 15th. Renters who are in arrears for thirty (30) days or more, will have an over-lock placed on their unit.
2. You may move out of your space whenever you choose, whether it is one (1) month or ten (10) years. You are renting space on a month-to-month basis; therefore, you are not locked into a long-term lease. However, the minimum rental time is at least one (1) full month.
3. You cannot store the items listed below:
a) Anything that is stolen.
b) No explosives, ammunition or dangerous chemicals.
c) No flammables or paint. Gas tanks on cars, gas engines, etc. must be drained before storing in covered units. A plastic sheet must be placed under all stored vehicles, to catch any oil drippings.
d) No improperly packaged spoilable foods.
e) Anything that is alive.
f) Anything that leaks or makes a loud noise.
g) No sleeping or cooking is allowed in storage units.
h) No type of heater or heat lamp is to be used in units without prior written permission.
i) No sanding or spray painting is permitted in the unit or anywhere in the compound.
j) Install only one (1) lock on your storage unit. The other slot is for the Landlord's use.
k) Important Note: You may be subject to a credit and/or criminal background check.
l) The Lease, Additional Fees, Auction Procedures and Rules and Regulations are all a part of your contract with this storage facility.