Terms and Conditions
This agreement is for leasing the space described above to the Occupant for the purpose of storing and removing personal property, and expressly incorporates all Terms and Conditions contained below. By signing this Rental Agreement, the undersigned acknowledges having read the Terms and Conditions herein contained and agrees to be contractually bound thereby.
Monthly Rent: Monthly rent as identified above is payable in advance on or before the 1st day of each calendar month at the address of the Owner as set forth above.
Fees: Service Charges: Monthly rent which is not paid or postmarked by the 10th day of the month is subject to a late fee of Ten and No/100 ($10.00). In the event any check tendered for payment to Owner is returned after deposit unpaid by the bank upon which it is drawn, a return check fee of Thirty and No/100 Dollars ($30.00) will be charged. There is a $15 Security Deposit required for the provided Lock and Two Keys (see ‘Care of Leased Space’). This deposit will be returned at the termination of this Agreement, only if the lock and both keys are returned in working condition.
Use of Premises: Occupant’s use of the space rented is for purposes of personal property storage only. Occupant may not store on the premises any items which would be injurious to the premises or which would be in any way dangerous to persons or property in or around the premises. No items may be stored upon the premises which would violate Owner’s premises’ insurance overages or cause Owner’s property insurance rates to increase. No explosives or highly flammable materials may be stored on the premises, and the storage of any materials which are defined as toxic or hazardous under any federal, state, or local law or ordinance is expressly prohibited. Occupant may conduct no business activity upon the premises, but may use the common grounds solely for the purpose of coming and going to store or remove items of their personal property. All personal property items must be stored within the rented space. Occupant must not use a self-service storage facility for residential purposes. Occupant herewith expressly agrees to indemnify and hold Owner harmless from and against any claims or damages arising from Occupant’s Violation of the provisions of the paragraph.
Insurance: OWNER DOES NOT PROVIDE INSURANCE COVERAGE FOR ANY LOSS, FROM ANY CAUSE, TO ANY PERSONAL PROPERTY OWNED BY THE OCCUPANT AND STORED ON THE PREMISES. If insurance coverage is desired by Occupant over Occupant’s personal property stored on the premises, Occupant must independently obtain such coverage at Occupant’s expense from Occupant’s own insurer. Owner shall have no liability for any loss or damage to any property of Occupant stored on the premises, or otherwise, caused by acts of third parties, by any forces of nature, or otherwise.
Default: In the event Occupant fails to pay monthly rent when due, and the failure is not cured within thirty (30) days, owner may elect to pursue one or more of the following legal remedies:
A. Claim for money damages or unpaid monthly rental and additional fees.
B. Judicial action in unlawful detainer for a Writ of restitution.
C. Foreclosure of personal property pursuant of Minn. Stat. #514.970-979 and #336.7-210
Except to extent limited by law, Owner may simultaneously pursue any of the above-referenced remedies. Upon Owner’s commencement of legal proceedings against Occupant arising from a default, any cure tendered by occupant shall include all monthly rental arrearages and other charges accrued, and reimbursement of all expenses reasonably incurred by Owner in the enforcement of the legal remedies identified above.
Lien: In accordance with Minnesota law, Owner possesses a lien against the personal property stored pursuant to this Agreement for rent, labor and other charges in relation to the personal property that have become due and for expenses necessary for the preservation of the personal property or reasonably incurred in the sale or other disposition of the personal property under law. This lien may be foreclosed in accordance with the provisions of Minn. Stat. #514.972 and Minn. Stat. #336.7-210, and the personal property sold to satisfy the monetary claims of Owner which have accrued. In the event of a default giving rise to the assertion of a personal property lien, owner may deny to Occupant access to the personal property contained in the storage facility after default and after notice thereof. Notwithstanding the assertion of a personal property lien, access to Occupant’s personal papers, health aids, personal clothing, and personal property necessary for Occupant’s livelihood may be obtained by Occupant provided that such items have a market value of less than Fifty and No/100 Dollars ($50.00) per item, and provided that Occupant presents a list of such items to the Owner which Occupant desires to remove from the premises.
Expiration of Term: This Rental Agreement is designated as a month-to-month agreement, either Owner or Occupant may terminate the Agreement by providing no less than thirty (30) days advance written notice to terminate the Agreement effective as of the last day of any given month. Any such written notice is untimely, as evidenced by such postmark, in such event the Agreement shall terminate on the last day of the next month for which such notice would be timely. Owner shall have no obligation to provide any prorated rent refunds in the event the premises are vacated by Occupant prior to the end of the any month for which the rental payment has been paid. This rental Agreement shall automatically terminate in the event of Occupant’s default in payment or performance hereunder, subject only to prompt complete cure of any such default.
Care of Leased Space: Occupant shall keep the leased space in good condition and repair, subject only to reasonable wear and tear. Occupant may not make any alterations to the leased space without the prior written consent of Owner. Occupant has accepted the space in a broom-clean condition, and is required to leave the space in broom-clean condition at the termination of this Agreement. Occupant is responsible for snow and ice removal directly in front of your doorway. Owner will provide Occupant with a lock and two keys (Security Deposit required. See ‘Fees’). Occupant will insure that the unit remains locked at all times, utilizing the provided lock. Owner does not keep a key for the provided lock. If both keys are lost, Occupant is required to notify Owner, who will contract with a locksmith to cut the lock, with actual costs billed to Occupant (typical charge is $60-$80). Occupant agrees not to attempt to cut the lock themselves or by their agent.
Breach: Any breach of this agreement by Occupant, may result in the forfeiture of Occupant’s Security Deposit.
Exclusion of Warranties: Owner’s agents and employees are not authorized to make warranties about the leased space or facility. Oral statements given by Owner, Owner’s agents or employees, are not warranties. No such oral statements are a part of this Agreement. The entire Agreement and contractual undertaking between the parties is contained in this written Agreement. Any implied warranties of merchantability or fitness for a particular purpose, and all other warranties, expressed or implied, are excluded from this transaction, and do not apply to the leased space or the premises.
Miscellaneous: This Agreement cannot be assigned or sublet without the prior written approval of Owner. In the even the premises are damaged or destroyed by fire or other casualty, this Agreement shall terminate as of the date of such occurrence, and any unused rent will be refunded. The Rental Agreement created no legal relationship between Owner and Occupant other than that of lessor and lessee. No waiver by Owner of any failure or refusal to comply with the obligations of this Agreement on any one occasion shall be deemed a waiver of any other subsequent failure or refusal to so comply.
THIS IS A LEGAL DOCUMENT. IF YOU DO NOT COMPLETELY UNDERSTAND IT, SEEK COMPETENT ADVICE.