*This lease is entered into by and between "1-Stop Storage" and the party listed above as "customer". This lease will be effective beginning on the "desired move in date" selected above, and will terminate at the end of that same calendar month, and therafter will be renewed on a monthly basis until the "customer" or "1-Stop Storage" terminates the lease indefinitley. All rent is due on or before the 1st of each month and is considered delinquent if unpaid by the 6th of the month.
THIS LEASE AGREEMENT IS ALSO MADE ON THE FOLLOWING TERMS AND CONDITIONS:
CHANGE OF TENANT INFORMATION:
Tenant agree to immediately notify Landlord of changes in Tenant`s mailing address, phone number or other information. A change of mailing address will not be effective unless the new mailing address is
and the notice is in
by Tenant and
written confirmation of receipt was given by Landlord.
Return address on envelopes, forwarding orders or addresses on checks are insufficient. Phone numbers may be changed orally or in writing.
Landlord reserves the right to check the Tenants background, credit history and/or criminal history and refuse to rent to Tenant, or terminate Tenant`s Lease, as the case may be, upon receipt of such information.
USE OF STORAGE SPACE/Property Amenities:
Tenant agrees not to use storage space for any unlawful purpose
. Tenant agrees to use storage space only for the storage of property wholly owned by Tenant. Storage of explosives, toxic wastes, highly flammable materials or illegal drugs or contraband is expressly prohibited.
The Tenant agrees that the space is not appropriate for the storage of jewels, furs, heirlooms, artworks, collectables or other irreplaceable items having special sentimental or emotional value to the Tenant and the Tenant agrees not to store said items. The Tenant hereby waives any claim for sentimental or emotional value for the Tenant`s property that is stored in the space or on the Property. Tenant acknowledges that the facility access hours are limited to 6am-10pm 7days per week. Tenant understands the onsite dumpster is only available with the applicable
per use fee and with the express permission of Landlord and that Tenant must use key signout sheet provided by Landlord. There shall be
NO HABITABLE OCCUPANCY
of the space by humans or animals of any kind for any period whatsoever and violation of these prohibitions shall be grounds for the immediate termination of this Agreement.
RISK OF LOSS:
Tenant agrees that the use of the storage space is at the
Tenant`s sole risk.
Tenant agrees that the Landlord shall not be liable to Tenant or Tenant`s invitees for any personal injury or damage to personal property caused by an act or negligence of any person. Tenant agrees that Landlord is not a bailor or warehouse man and that Landlord is renting storage space to Tenant for Tenant`s self-service use.
RESPONSIBILITY FOR DAMAGED OR STOLEN PROPERTY:
Tenant agrees that Landlord is not liable for burglary theft or damage of tenants' property caused by landlord or by any third parties.
1-Stop Storage does not accept control, custody or responsibility for the care of property
The tenant shall bear all risks of loss or damage to any and all property stored in the rental space, including, but not limited to, loss or damage resulting from the negligence of 1-Stop Storage
. Tenant will pay for damage caused by Tenant or Tenant`s employees, agents, delivery persons, family or guest to the storage space rented or to any other real or personal property located at the facility or used in connection therewith.
LIGHT IN STORAGE SPACE:
Tenant agrees to furnish replacement bulbs in the storage space, and to use the electrical outlet furnished for light only. Tenant agrees not to use said outlet for the operation of any heater, air conditioner, refrigerator, freezer, fan, power tools or other electrical appliances.
CARE OF STORAGE SPACE:
Tenant agrees to take good care of the storage space and to hold Landlord harmless of any damage to property or personal injury caused by Tenant or by persons acting on behalf of Tenant, and maintains a locked unit at all times.
TERMINATION AND MOVE OUT NOTICE:
Provided that the Tenant complies with the minimum of the Lease Term as stated above, Tenant may terminate this Lease and move out of the storage space by written notice delivered to Landlord at Landlords mailing address at least one (1) day before Tenant`s intended termination date. Either party may terminate this Lease upon one (1) days written or oral notice to the other party.
Landlord may terminate this lease at landlords sole discretion by providing tenant with a 30 day notice of eviction.
If this Lease is terminated by Tenant, no rent will be refunded. If the space is substantially damaged due to fire, windstorm or other casualty, in Landlord`s sole judgment, Landlord may terminate this Lease. Tenant may not holdover after termination of possession or termination of the Lease by Landlord.
Tenant agrees to at minimum orally submit to Landlord a specific Date and Time of Day for Landlord and Tenant to perform a final move out inspection of all storage space(s) provided to Tenant by Landlord. Tenant agrees that the requested date and time of the move out inspection will be within the 1-Stop Storage LLC. regular business hours, Tenant also agrees that upon completion of the move out inspection Tenant will sign the ACKNOWLEDGMENT OF VACATING PREMISIS portion this agreement. Tenant agrees to follow the MOVE OUT procedure as stated above, and understands that failure to follow said procedure may put Tenant at risk of additional rent or fees.
At or before the end of the rental term or renewal period, Tenant must vacate the storage space completely. Tenant must remove
Tenant`s lock(s) and return them to Landlord. As long as the storage space has Tenant`s lock, Tenant is responsible for the rent and fees due. Tenant must remove all contents and debris. Tenant must leave the storage space in good condition and "broom clean." If tenants leased space is not emptied to standards set forth in this agreement tenant understands an abandonment fee will be charged to card or checking account on file.
LANDLORD’S RIGHT OF ENTRY
. Landlord may enter the storage space without notice at landlords sole discretion for reasons listed below but not limited to:
Facility improvements, facility maintenance, fire, water or electrical emergencies related to tenant’s space ore adjacent spaces.
If landlord has reasonable grounds to believe that criminal activity is occurring in the storage space.
If landlord is exercising Landlord’s lien under paragraph 14.
Landlord may remove Tenant’s lock(s) and relocate all contents elsewhere in the facility if (a) Landlord has authority to enter under this paragraph, and (b) Landlord has either seized the contents for foreclosure or has reasonably determined that relocation is needed to protect the contents or storage space from loss or damage from casualty or theft. Landlord will pay labor costs of relocation and Tenant will pay for new lock. If Landlord relocates and stores property found in Tenant’s space as authorized above, Tenant will no longer be liable for rent but will be liable for reasonable storage charges not exceeding the rent. If Tenant’s lock is removed under this paragraph or under paragraphs 20 or 24(d), Tenant will pay reasonable lock removal charges. Landlord will promptly notify Tenant by regular mail or phone of any entry or relocation authorized by this paragraph. Tenant will continue to have access to relocated property except when in default.
NO SUBLETTING OR ASSIGNMENT:
No subletting of the storage space or assignment of this Lease by Tenant is permitted.
Tenant shall not modify, alter, paint, deface or put holes in the walls, floors or ceilings of the space of facility in any manner
PAYMENTS AND NOTICES: Tenant authorizes 1-Stop Storage LLC. to debit Tenant's bank account or credit card as requested by telephone or email to pay for all charges associated with storage unit.
Tenant understands that
Payments may be made in cash, credit card, personal or company check, money order, or certified or cashier’s check, at Landlords discretion
paying Tenants (without a valid credit or debit card or active checking account attached to Tenants account) may be required to pay a $
convenience fee per month of tenancy. However, Landlord may change permitted mode of payment at any time, upon notice to Tenant. If Tenant is in default under this Lease, payment may be made required in cash, money order, or certified or cashier’s check. If cash is accepted by Landlord, it is Tenant’s responsibility to obtain and keep a receipt from management for each cash payment.
All payments must be delivered or mailed to Landlord’s mailing address listed above
. Notices to Landlord must be emailed, hand delivered, mailed or faxed. When giving notice to Landlord, Tenant has the burden of proving delivery to Landlord.
LIEN: Under Act 576 of 1987 Acts of Arkansas, codified at A
NN. § 18-16-401, et. seq., Landlord has a priority contractual and statutory lien on all property in Tenant’s storage space to secure payment of all monies due and unpaid by Tenant
. Lien enforcement procedures are contained in paragraph 24.
RENT AND CHARGES:
Monthly rent is listed above.
Rent must be received by Landlord in advance without demand at Landlord’s mailing address on or before the due date.
Rent is delinquent and Tenant is in default if rent is not received by the 5th day of each month.
An initial late charge of $10.00 will be assessed on accounts delinquent after the 5th day of each month, and an additional late charge of $10.00 will be assessed on accounts delinquent after the 15th day of each month, and an additional late charge of $10.00 will be assessed on accounts delinquent after the 20th day of each month.
Late charges are agreed liquidated damages for Landlord’s time, effort, inconvenience and overhead in corresponding, telephoning and recordkeeping (except for attorneys’ fees) regardless of the extent of collection efforts. At Landlord’s option and without notice, Landlord may apply money received to any obligation of Tenant under this Lease, or any other Lease agreement tenant has with Landlord, regardless of Tenant requests or Tenant notations on checks or money orders to apply the money to a specific purpose and regardless of when the obligations arose or the number of storage spaces covered in the Lease.
Landlord has no duty to place a lock on Tenant’s storage space. But, if the Tenant’s storage space is lockable and has no lock on it and Landlord locks it with Landlord’s lock, Tenant will pay for the reasonable cost of the lock at the current retail price for the lock as charged by Landlord. Such Landlord action does not create a bailment or constitute care, custody or control.
Landlord may assess a $15.00 charge for each of Tenant’s check returned to Landlord for any reason.
If Tenant's property is processed for sale at public auction, Tenant shall be responsible for a minimum public auction processing fee of
plus any other incurred costs.
NO PRIOR LIENS ON PROPERTY:
Unless Tenant advises Landlord in writing to the contrary, Tenant hereby represents that there is not any prior lien on any property to be stored in the storage space.
Tenant’s obligations are not contingent on receiving invoices. If Tenant requires an invoice, Landlord may assess a fee of $1.00 for such invoice.
18. NO WARRANTIES:
No express or implied warranties are given by Landlord. Landlord disclaims and Tenant waives any implied warranties of suitability, merchantability, security, safety or fitness for a particular purpose. Landlord’s agents and employees have no authority to make warranties or alter this Lease. Tenant inspected or had the right to inspect the storage space and the facility before signing this Lease. Tenant accepts same “AS IS,” including existing access controls, lighting, size, construction design or quality, and fences/gates or lack thereof. Landlord does not promise safety or security of persons or property on the premises and Landlord has not duty of safety or security of same under any circumstances. Video cameras may be non-operational or unmonitored. Access control devices may be unmonitored and may occasionally malfunction. Tenant is not relying on any oral or written representation, statement or other assertion or omission made by Landlord or Landlord’s agents relating to the storage space and facility. Instead, Tenant is relying on Tenant’s own inspection and this Lease.
NO WAIVER BY LANDLORD:
Landlord’s agents and employees do not have authority to waive, amend or terminate this Lease or to make promises, representations or agreements which impose any duties of security or other obligations on Landlord unless done in writing in paragraph 26 regarding special provisions or in any addendum or supplemental rules.
LAW ENFORCEMENT DIRECTIVES:
Upon presentation of a search warrant by a health or law officer, Landlord may open the storage space or allow such officer to open the storage space for inspection by such officer; and such officer may lock the storage space (if the space is lockable). Landlord may also lock the storage space (if the space is lockable) but is not required to do so.
NONLIABILITY: INSURANCE; PERSONAL INJURY.
Landlord is not a bailee and has no safekeeping duties for Tenant’s property at any time under any circumstances. In this Lease, “Tenant’s property” and “contents” mean all contents that have been stored in the storage space or brought onto the property by Tenant or others.
Landlord is not liable for loss or damage to property stored in or transported to or from Tenant’s storage space, regardless of who owns such property and regardless of whether the loss or damage is caused by fire, smoke, dust, water, weather, moisture, mold, mildew, insects, vermin, explosion, utility interruption, equipment malfunction, unexplained disappearance, negligence of Landlord or Landlord’s agents, theft by others, war, acts of terrorism, or any other cause unless such is prohibited by law.
Any insurance maintained by Landlord is by law only for the benefit of Landlord.
Tenant will self-insure all contents not covered by Tenant’s insurance. Tenant understands that Landlord does not provide insurance coverage on any personal property in Tenant’s storage space
. Tenant has been given a brochure which explains Customer Storage Insurance that is available at Tenant’s option. Tenant understands that self-insurance means that Tenant will bear the entire risk of loss in the event of damage or loss to such contents from crime, casualty or other harm or loss listed above. Landlord does not and legally cannot carry insurance on the contents of Tenant’s storage space. The Tenant agrees not to subrogate against the Landlord in the event of loss or damage of any kind or from any cause.
Tenant agrees to exercise due care for the safety and security of Tenant and Tenant’s property, employees, agents, family and guests while in the facility. Landlord and Landlord'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 Landlord, Landlord's agents, or employees.
INSURANCE. (SAFE-STOR rate applied per mo) Tenant will purchase fire, theft and casualty insurance on all of Tenant’s property if its value exceeds $1,000.
The purpose is to protect Tenant, other tenants, Landlord and others in the event of loss by theft, damage, fire, flood, explosion, natural disaster or other harm caused whatsoever, whether or not, by weather, accident, war, acts of terrorism or negligence of such parties or their animals.
Tenant, Tenant’s employees, agents, family and guests must comply with Landlord’s rules and policies and with any other rules posted on a sign in plain view at the time of leasing or emailed Tenant at any time.
DEFAULT BY TENANT:
Tenant will be in “default” if:
Tenant has failed to pay any sum when due under this Lease (payment must be received at Landlord’s mailing address shown on page 1). A partial payment of the total amount due, including applicable fees, will not cure a default; or
Tenant has failed to notify Landlord of a change in Tenant’s address or phone number as required in paragraph 1; or
Tenant has provided false or incorrect information to Landlord in this Lease or in any mailing address changes submitted to Landlord; or
Tenant has failed to comply with any other provision of this Lease, addendums, or any supplemental rules of Landlord; or
Tenant has violated health, safety or criminal laws on the facility grounds, regardless of whether arrest or conviction has occurred.
24. LANDLORD’S REMEDIES:
If Tenant is in “default,” Landlord may exercise one or more of the following remedies at any time:
Deny Tenant access to the facility and/or over-lock Tenant’s storage space (if space is lockable) and/or chain or wheel bolt Tenant’s property for noncompliance of any rules or terms and conditions set forth in this document, or for nonpayment of any sums due by Tenant, until paid in full, and a charge for the cost of such lock at the current retail price for the lock as charged by the Landlord;
Terminate Tenant’s right of possession and/or terminate this Lease by giving Tenant three (3) days’ written notice to vacate; and if Landlord files an eviction lawsuit, Tenant will pay Landlord’s attorneys’ fees and court costs, plus a reasonable judicial eviction charge for Landlord’s time, inconvenience and overhead for filing the eviction suit;
Collect charges as appropriate and exercise any other remedy allowed by law; and/or
Enforce Landlord’s lien by seizure and sale of all contents of Tenant’s space by nonjudicial foreclosure under
Act 576 of 1987 Acts of Arkansas, codified at Ark. Code Ann. § 18-16-401, et. seq., Landlord has a priority contractual and statutory lien on all property in Tenant’s storage space to secure payment of all monies due and unpaid by
period of more than forty-five (45) days after such performance is due.
Landlord will accept partial payments but only payments in full, including all applicable fees, will stop a lien sale. For purposes of statutory foreclosure, seizure occurs when (i) Landlord both overlocks Tenant’s storage space and mails a statutory notice of claim to Tenant soon thereafter, OR (ii) Landlord removes Tenant’s lock(s) from a door or gate that is part of an enclosure that solely encloses Tenant’s property without Landlord having authority to enter under paragraphs 10(a), (b) or (c) and without Landlord being directed to remove Tenant’s lock by a health or law officer under paragraph 20. In an unlockable outdoor storage space, seizure for foreclosure purposes occurs when Landlord attaches Landlord’s lock, a security chain or wheel boot to Tenant’s property.
NN. § 18-16-401, et. seq. Seizure and sale will only be for default or failure to perform any obligation or duty set forth in the lease for a
After seizure, any attempt to reclaim the seized property by Tenant without paying in full the sums due Landlord, including applicable fees, may result in Landlord pursuing prosecution for such act.
All items of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Landlord and effective immediately upon delivery of Landlords emailed or written notice to tenants electronic or physical address on file. If so changed, the Tenant may terminate this Agreement on the effective date of such change by giving the Landlord notice of termination after receiving notice of the change. If the Tenant does not give such notice of termination within ten (10) days, the change shall become effective on the date stated in the Landlord’s notice and shall thereafter apply to the occupancy hereunder.
LIMITATION OF VALUE: Without Landlord’s written permission, Tenant will not store property that has an aggregate value of over $5,000 or that may cause emotional distress or consequential damages if it were missing, stolen or damaged.
The Tenant agrees that in no event shall the total value of all property stored be deemed to exceed $5,000.00 unless the Landlord has given permission in writing for the Tenant to store property exceeding such value. The Tenant agrees that the maximum liability of the Landlord to the Tenant for any claim or suit by the Tenant including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit is $5,000.00. Nothing in this section shall be deemed to create any liability on the part of the Landlord to the Tenant for any loss or damages to the Tenant's property regardless of cause.
If you are in the military service you must provide written notice to the Landlord. The Landlord will rely on this information to determine the applicability of the Service members Civil Relief Act.
Landlord 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 Landlord for damages arising from the use of said information by others.
Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Landlord does not warrant or guarantee temperature or humidity ranges in the space due to changes in outside temperature and humidity.
WAIVER OF JURY TRIAL:
The Landlord and the Tenant hereby waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, at law or in equity brought by either the Landlord against the Tenant or the Tenant against the Landlord arising out of or in any way connected with this Rental Agreement, the Tenants use or occupancy of the Space and this Property or any claim of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation.
This Lease is the entire agreement between the parties and it cannot be amended or changed orally.