This agreement dated _______________, between ____________________ (hereinafter referred to as "OCCUPANT") and Merced Mini Storage (hereinafter referred to as "OWNER"). MANAGEMENT does hereby rent to OCCUPANT storage unit number______ (_______ x _______) in a building located at 1723 W. 16th Street, Merced, CA 95348 to be used as storage for personal or business property for the monthly rate of _______ payable on the (anniversary date of move-in) _______ day of each month hereinafter. Rental payment is payable in advance. All payments made to OWNER pursuant to the agreement shall be applied first to administrative and late charges, then the balance to accrued and unpaid rent, this agreement shall expire on the last day of each paid rental period and automatically renew for one (1) additional month, SUBJECT TO THE CONDITIONS ON THE NEXT PAGES. Rental payments made after day __ of the rental period are subject to a minimum _______ Late Charge. Mailed payments must be postmarked by day __ of the rental period to avoid Late Charge. Tenant also responsible for all fees associated with the lien sale process which are found listed on the RULES page. Tenant also acknowledges that past due fees can be made by CASH, CASHIER'S CHECK AND MONEY ORDER ONLY!
TENANT is an active member of the United States Armed Forces: Yes _______ No _______
E-MAIL & TEXT: Text messages may be sent as a courtesy. Lien Notices may be sent to the Occupant and to the Alternate Contact by electronic mail. Occupant agrees that Owner shall use the E-mail Address provided above to send all correspondences and written notices, including pre-lien and lien notices, to Occupant, unless another method of delivery is required by state law. Please note that Occupant must provide written notice to Owner of any change in the Information provided above in accordance with the terms of this Rental Agreement. Written notices, including preliminary lien and lien notices, may also be sent to the E-Mail Address of the Alternate Contact listed below. TENANT'S EMAIL ADDRESS: TENANT'S INITIALS ____________
TENANT acknowledges that MANAGEMENT does not carry any insurance which in any way covers any loss whatsoever that TENANT may have or claim by renting the Storage Unit. All property stored in the Storage Unit shall be at TENANT'S sole risk.
TENANT ACKNOWLEDGES THAT HE HAS READ THE CONDITIONS ON THE NEXT PAGES AND AGREES TO BE BOUND BYTHEM.
Your stored property will be subject to a claim of lien for unpaid rent and other charges and may even be sold to satisfy the lien or other charges due remain unpaid for 14 consecutive days. This lien and its enforcement is authorized by Chapter 10 (commencing with Section 21700) of the California Business and Professions Code.
THIS CONTRACTS LIMITS OUR LIABILITY.This rental agreement is made between MERCED MINI STORAGE hereinafter called Owner, and the above- named tenant, hereinafter called Occupant, whose addresses set forth above, effective as of the "date rented" Indicated above for the purpose of renting to Occupant certain storage space and with the express understanding that no bailment or deposit of goods for safekeeping is intended or created hereunder.
1. TERM: The term of this tenancy shall commence as of the "date rented" indicated above, and shall continue thereafter from the anniversary date, __________ of each month, on a month to month basis. Quarterly and annual dicounted rates are available. TENANTS INITIALS ___________
2. RENT: Rent is the sum indicated above per month, all rents are due, in advance, on the rent due date indicated above, payable to the Owner or Owner's designated agent. Minimum rental is one month. The basic monthly rental rate may be changed at any time by Owner, after written notice as set forth in paragraph 14. Owner need not accept partial payments of rent. Owner sends no billings. Occupant is responsible for timely payment of rent. Make checks payable to Merced Mini Storage.
3. ADDITIONAL RENTAL CHARGES: Default by Occupant in the performance of this agreement, for example, rent received more than ten (10) days late, or rent checks that are dishonored, or disputed credit/debit card payments, cause Owner to incur damages which are exetremely difficult to measure, and because of this, Occupant agrees to pay to Owner, as additional rent, additional charges for Occupant's defaults as set forth fully in the RULES, and included herein as terms to this agreement. ALL RENT PAYMENTS MADE 15 DAYS PAST DUE, OR MADE TO SATISFY OUTSTANDING LIEN AMOUNTS AND CHARGES SHALL BE MADE BY CASH, CASHIER'S CHECK OR MONEY ORDER. TENANTS INITIALS ______________
4. OVERLOCKS: Lock outs will begin the day after the rent is due when payment has not been received. TENANTS INITIALS ____________
5. USE AND OCCUPANCY: Occupant agrees to use storage space only for the storage of personal property wholly owned by Occupant. Property is stored under the supervision and control of the Occupant. Owner exercises neither care, custody nor control over Occupant's stored property and Occupant specifically agrees that, with the exception of storing property prohibited by this agreement, Owner is not concerned with the kind, quality of value of the goods stored. Occupant agrees not to store property with value in excess of $5,000 without the written permission of the Owner. If such written permission is not obtained, the value of Occupant's property shall be deemed not to exceed $5,000. Nothing herein shall constitute any agreement or admission by Owner that Occupant's stored property has any value, nor shall anything alter the release of Owner's liabilty set forth in Paragraph 7, below.
USES STRICTLY PROHIBITED: Occupant agrees that the premises will not be used for the operation of any business, for repair or construction purposes, or for human or animal occupancy. The rented premises shall NOT be used for storing illegal items, corrosives, explosives, pollutants, PERISHABLE ITEMS OR FOOD PRODUCTS, or any items that would present a fire hazard to the premises. Occupant shall not do or permit to be done any act which creates or may create a nuisance in connection with Occupant's use of the space. Occupant is strictly prohibited from storing or using materials on the premises classified as hazardous or toxic under any local, state, or federal law or regulation, and from engaging in any activity onsite which produces such materials. Occupant's obligations of indemnity as set forth in Paragraph 8 herein specifically includes any cost, expenses, fines or penalties imposed against the Owner, arising out of storage or use of any hazardous or toxic material by Occupant, Occupant's agents, employees, invitees or guests. TENANTS INITIALS ______________
6. INSURANCE: Occupant, at Occupant's expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Insurance on Occupant's property is a material condition of this agreement and is set for the benefit of both Occupant and Owner. Failure to carry the required insurance is a breach of this agreement and Occupant assumes the risk of loss to stored property that would be covered by such insurance. Occupant expressly agrees that the carrier of such insurance shall not be subrogated to any claim of Occupant against Owner, Owner's agents or employees. This facility is in a flood zone. FLOOD INSURANCE IS A SPECIFIC INSURANCE and must be specifically requested. TENANTS INITIALS ______________
7. RELEASE OF OWNER'S LIABILITY: All personal property stored within or on the rented premises by Occupant shall be at Occupant's sole risk. Owner and Owner's agents shall not be liable to Occupant for ANY damage to, or loss of, any personal property while at the rented premises arising from any cause whatsoever including, but not limited to, burglary, fire, water damage, mold, mildew, mysterious disappearance, rodents, Acts of God, or the active or passive acts or omissions or negligence of Owner or Owner's agents. TENANTS INITIALS ______________
Furthermore, Owner, Owner's agents, and employees shall not be liable to Occupant for injury or death as a result of Occupant's use of his/her storage space or the premises, even if such injury is caused by the active or passive acts, omissions or negligence of Owner, Owner's agents, or employees. 8. INDEMNIFICATION: Occupant will indemnify, hold harmless, and defend Owner from all claims, demands, actions or causes of action (including attorney's fees and all costs) that are hereafter brought by others arising out of the Occupant's use of the premises, including claims for Owner's active negligence. TENANTS INITIALS ______________
9. ACCESS: Occupant's access to the premises may be conditioned in any manner deemed reasonably necessary by Owner to maintain order on the premises. Such measures may include, but are not limited to, requiring verification of Occupant's identity, limiting hours of operation, and requiring Occupant to sign-in and sign-out upon entering and leaving the premises.
10. RIGHT TO ENTER: Occupant grants Owner, Owner's agents, or representatives of any governmental authority, including police, health and fire officials, access to the premises upon three (3) days prior notice to Occupant. In the event of an emergency, or in the event the Occupant fails to provide access after notice, Owner's agents or representatives of any government authority shall have the right to remove the Occupant's lock and enter the premises, without notice to tenant, and take such action as may be necessary or appropriate to preserve the premises, to comply with applicable law, or enforce any of Owner's rights.Owner shall not be responsible for any loss occasioned by Occupant as a result of such entry.
11. RULES: Owner shall have the right to establish or change hours of operation or to promulgate rules and amendments, or additional rules and regulations for the safety, care, and cleanliness of the premises, or the preservation of good order on the facility. Occupant agrees to follow all of the Owner's Rules now in effect, or that may be put into effect from time to time. Current rules will be posted and are available in the Rental Office.
12. LOCK: Occupant shall provide, at Occupant's own expense, a lock which Occupant, in Occupant's sole discretion, deems sufficient to secure the storage space. Occupant's storage space shall be locked at all times when the Occupant is not present. Owner may, but is not required to, lock the space if it is found open. Occupant needs Owner's assistance, at Occupant's expense, to remove lock in case of lost keys, or damaged lock.
13. CONDITION: SUITABILITY: Occupant accepts the space as being in good condition and repair and suitable for storage purposes.Occupant shall immediately notify owner of any defect in the storage space. Occupant will maintain the premises in good condition and is responsible for any repairs necessary due to Occupant's negligence or misuse of the space while under Occupant's control. Occupant will not make any alterations to the storage space. Occupant shall be responsibile for damages to roll-up door, due to occupants' negligence.
14. NOTICES: Change in Terms, Change of Address: All notices required or permitted by law, or by this agreement, may be sent to Occupant at any of the addresses given by Occupant above. In the event that any of the addresses given above change, such change shall not be binding upon the Owner unless Occupant has given the Owner written notification of the change. Any terms of this agreement may be changed by the Owner by fourteen (14) days written notice to Occupant. If, within 14 days of such notice of change of terms, Occupant does not give notice of his/her termination of the tenancy, the change will become effective.
15. TERMINATION: This tenancy may be terminated upon ten (10) days written notice given prior to the expiration of any month of this tenancy by Occupant to Owner, or by Owner to Occupant. Rent will be prorated on move-out, where the unit is left broom-clean and proper notice is given. Tenancy continues until Owner has notice that the tenant has vacated. The rented premises will be left in good condition, and Occupant is responsible for any and all damage to the rented premises. 15. TERMINATION (CONTINUED): THE FOLLOWING ACTIVITIED ARE NOT PERMITTED AND WILL RESULT IN IMMEDIATE TERMINATION OF YOUR LEASE:
(A) Storage of illegal, dangerous or prohibited items
(B) Illegal or unlawful activities on site; no loitering.
(C) Use of the facility for repairing, cleaning, or working on motor vehicles, boats, furniture or equipment.
(D) Jumping facility fences or walls for ANY reason. Access property by vehicle only. Facility does not accomodate foot traffic.
16. ASSIGNMENT AND SUCCESSION: Occupant shall not sublet or assign the rented premises, nor the stored property owned by others, without the prior written consent of the Owner. All provisions of this agreement shall apply to and bind the heirs, executors, administrators, representitives, successors and assigns of the parties to this agreement.
17. NO ORAL AGREEMENTS: This rental agreement contains the entire agreement between Owner and Occupant, and no oral agreements shall be of any effect whatsoever. Occupant specifically acknowledges that no representations have been made with respect to safety, security or other special suitability of the space for the storage of Occupant's property, and that Occupant has made his/her own determination of such matters solely from inspection of the storage space and facility. Occupant agrees the he/she is not relying, and will not rely, upon any oral representation made by Owner, or by any of Owner's agents or emplyees purporting to modify or add to this agreement in any way whatsoever. Occupant agrees that this agreement may be modified only in writing, signed by both parties, in order for such modification to have any effect whatsoever.
18. WAIVER OF JURY TRIAL: Owner and Occupant waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action brought by either Owner against Occupant or Occupant against Owner on any matter arising out of or in any way connected with this agreement, Occupant's use or occupancy of the storage space or any claim of bodily or property damage or the enforcement of any remedy under the law, statute or regualtion.
19. ENFORCEABILITY: If any part of this agreement is held to be unenforceable for any reason, in any circumstance, the parties agree that such part shall be enforceable in other circumstances, and that all remaining parts of this agreement will nevertheless be valid and enforceable in all circumstances.
20. ABANDONMENT OF OCCUPANT’S PROPERTY. Occupant shall be deemed to have conclusively abandoned all property which remains in the Space or at the Facility after the termination of this Agreement, upon default of this Agreement for thirty (30) days, or when Owner concludes based upon other reasonable considerations, including, but not limited to, an unlocked Space, that Occupant has abandoned Occupant’s property and the Space. Any personal property of Occupant which shall remain in or on the Space or at the Facility after the expiration or termination of the Agreement (other than termination of the Agreement while a default by Occupant exists) shall be considered abandoned at the option of Owner, and, if abandoned, Owner may sell, destroy or otherwise dispose of Occupant’s personal property in order to satisfy Owner’s lien. Occupant shall be liable for paying all costs incurred by Owner in disposing of such property.
21. VEHICLES: Occupant shall not park any vehicle at the Facility (or permit any other party to park any vehicle at the Facility) except in areas designated by Owner and then only during such periods necessary for the performance of and while Occupant is exercising its rights, duties and obligations hereunder. Vehicles (including, but not limited to, autos, trucks, trailers, mobile homes, boats, and campers) may not be stored overnight without permission of the Owner. A charge will be levied for such overnight vehicle storage. Any vehicle stored will only be allowed in the Space allocated and referred to in this Agreement by addendum. Only vehicles with a current license and inspection tags will be permitted unless otherwise agreed to by the Owner. In the event that any motor vehicle remains stored in the Space after termination of this Agreement or upon Occupant’s default for 60 or more days, and in addition to all other rights and remedies available to Owner, Owner is authorized to cause such property to be removed by a person regularly engaged in the business of towing, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Occupant acknowledges that he or she has personally been given notice that the property is subject to removal at the Occupant’s expense after termination of the Agreement or upon Occupant’s default. Owner shall incur no liability to Occupant for causing the property to be removed pursuant to this paragraph.
I, the undersigned Occupant have read, understood and agree to comply with the conditions of this rental agreement and the rules and regulations of Merced Mini Storage.
