The term of this Agreement shall commence as of the date first above written and shall continue on a month-to-month tenancy until terminates. All terms and conditions of the Agreement shall remain in full force and effect regardless of any such rental increase.
Tenant agrees to pay monthly rent in the sum of the total amount of rental units selected above, per month, payable in advance by close of business on the LAST DAY of each and every rental month to Lessor, or Lessor’s designated agent without deduction, prior notice, demand or billing statement, in the amount set forth herein, with the initial monthly rent due upon time of signing of this Agreement. Tenant agrees to pay rent by credit or debit card with automatic debit on the 28th of each month prior to the month of use. In addition, costs incurred by Lessor by reason of Tenant’s breach of any provision of this Agreement shall be deemed additional rent, and may be: (a) demanded by Lessor of Tenant at any time, (b) withheld from Tenant’s deposit, or (c) waived, all at Lessor’s sole discretion. Lessor may change the monthly rental rate at any time by giving Tenant written notice at Tenant’s last known address at least thirty days prior to the effective date of the new rent. If Tenant has made advanced rental payments the new rent will be charged against such payments, effective upon notice. Tenant shall not be entitled to a refund of the first full month’s rent for any reason. Tenant shall not be entitled to a refund of any portion of rent for the month rental period in which the rental agreement ends. Close of business is 5:00 p.m. weekdays only, and not holidays or Saturday or Sunday. All leases will be charged for a minimum of two months, with a thirty (30) day vacancy notice required.
3. LATE CHARGES, FEES AND DEPOSITS: Payments are first applied to late charges and fees and then to rent.
(a) Late Charge $25.00 if rent is not paid within 10 days of the monthly due date. Rent paid more than 20 days late causes Lessor to incur damages (such as extra administrative time) which are extremely difficult to measure. The late charges are additional rent and accrue without notice. The late charges will be automatically debited from the credit card or debit card on file.
(b) Security Deposit:
Tenant will pay in advance a security deposit equal to the first months rent as marked above to secure Tenant’s faithful performance of all terms of this Agreement. Upon surrender of the Leased Space to Lessor, the security deposit will be mailed to Tenant at the address in the application, or such other address as provided to Lessor with Tenant’s notice of termination, within 30 days after the end of Tenant’s rental month.
Tenant understands and agrees:
(i) Lessor need not segregate this deposit from other funds.
(ii) No interest will be due for the period of time during which the deposit is held.
(iii) At Lessor’s sole option, after the Tenant relinquishes abandons or otherwise loses possession of the Leased Space, amounts may be deducted from the security deposit to compensate Lessor for rent, cleaning, repairing, preparing the Leased Space for rental to others, or any other charges due and unpaid under this Agreement.
(c) Returned Check Fee/Failed Automatic Debit Fee: Tenant will be immediately notified by phone, email, and mail for failed credit and debit card debits. Tenant must provide updated information for automatic billing by the last day of the month to avoid late fees as outlined above. $30.00 late fee for each returned check.
4. USE OF LEASED SPACE: Only personal property owned by Tenant shall be stored, and Tenant will not store property which is the property of another or in which another has right, title or ownership interest. No perishable goods, flammable materials, explosives, fuel, improperly contained food products or other dangerous materials will be stored by Tenant. Tenant shall not use the Leased Space to store any personal property or other property in the container which would violate any law or regulation of any government authority. Tenant acknowledges and agrees that the Leased Space is not intended for or suited to the storage of irreplaceable property, books, records, writings, works of art, heirlooms, precious archives, or other items for which there is no immediate resale market, or for objects having emotional value or records relating to the stored goods. Tenant acknowledges that Leased Space is for storage of personal property only and may not be used for human or animal habitation. Tenant acknowledges that trash or other such materials shall not be allowed in or near the premises and that Tenant is responsible to remove any and all of his trash. Tenant acknowledges that he has read and understands the provisions of this paragraph and agrees to comply with its requirements.
5. COMPLIANCE WITH LAW: Storage of hazardous materials in container is prohibited by law, and Tenant shall not store, or permit to be stored, any hazardous materials of any kind in the Leased Premises. “Hazardous Materials” are defined, for purposes of this Agreement, as any hazardous or toxic chemical, the gas, liquid, substance, material, explosive, or waste that is regulated under any local, state or federal law or regulation. Tenant shall comply with all laws, regulations, rules and ordinances of any government authorities governing the use, location and address of placement of the container at any location other than the Lessor’s designated storage area. TENANT HEREBY WAIVES ANY OBLIGATION THAT LESSOR PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN TENANT’S LEASED PREMISES, TO THE EXTENT REQUIRED BY THE PENNSYLVANIA SELF-STORAGE FACILITY ACT. The Tenant acknowledges that he has read and understands the provisions of this paragraph and agrees to comply with its requirements.
6. INSURANCE: ALL PROPERTY STORED BY TENANT IS STORED BY TENANT’S SOLE RISK AND RESPONSIBILITY, AND ALL PROPERTY AND CONTENTS INSURANCE IS TENANT’S SOLE RESPONSIBILITY. Tenant may obtain insurance from any insurance provider of Tenant’s choice. In the event Tenant does not obtain insurance coverage for the full value of the Tenant’s property stored in the container, Tenant will personally assume all risk of loss, including damage or loss by water penetration, moisture, mold, burglary, fire, flood, roof (or other) leak, vandalism or vermin. Tenant understands and agrees that Lessor does not list, review or inspect the contents of container, nor has interest in or concern with the value, quality or type of goods stored in the Leased Space pursuant to this Agreement. Lessor and Lessor’s agents, affiliates, authorized representatives and employee, will not be responsible or have responsibility for any loss, liability, claim, expense, damage to property or injury to persons, that could have been insured including, but not limited to, any loss arising from the active or passive acts, omissions or negligence of Lessor or Lessor’s agents, and Tenant hereby releases Lessor and Lessor’s agents from any such responsibility. Tenant waives any right of recovery against Lessor or Lessor’s agents for the Released Claims herein, and Tenant expressly agrees that the carrier of any insurance obtained by Tenant shall not be subrogated to any claim of Tenant against Lessor or Lessor’s agents. Lessor has not explained any coverage or assisted Tenant in making any claim under any insurance policy. Tenant acknowledges that he understands the provisions of this paragraph and agrees to these provisions and that insurance is Tenant’s sole responsibility. If Tenant is storing a trailer, automobile, or other item outside, it is required that the item be locked at all times and in the case of a trailer, a hitch type lock must be applied.
The humidity in self-storage units can get very high (above 50%) and minor mold growth on fabrics and wooden furniture can occur. We recommend not storing delicate items such as paintings, pictures, and electronics in storage units for long periods of time. Covering items is an effective measure to prevent mold from forming on the stored item. If it should be repeated that if your belongings are of high important or are very sensitive, they should be stored in climate controlled storage units (which we do not offer). It is also very important to not place wet or damp items in your storage unit at any time. Once the doors are closed, the moisture cannot readily escape and this encourages mold growth. This also means that filling your unit while it is raining or snowing will likely introduce moisture to your unit. This is not recommended. Also, your items should be clean and not have food or other garbage on them or anywhere in the storage unit. We also recommend keeping your items off the floor of the storage unit. We recommend opening the doors of your storage unit on a regular basis to help with air circulation. Adding materials that absorb moisture are also very helpful such as desiccant or charcoal.
7. LIMITATION OF LESSOR’S LIABILITY: Tenant shall hold Lessor and its agents harmless from all claims of loss or damage to property and injury to or death of persons caused by intentional acts or negligence of any kind, occurring on the premises rented for Tenant’s exclusive use. Tenant hereby expressly releases Lessor from any and all liability or loss or damage to Tenant’s property or effects from any cause including but not limited to those rising out of fire, rodents, water damage, Act of God, mysterious disappearance, burglary, theft or other causes beyond the reasonable control of Lessor as provided in Section 14 of the Pa. Self Service Storage Facilities Act. Nothing in this Agreement shall enlarge Lessor’s obligations beyond the minimum obligations of such section. Tenant further agrees to defend, indemnify and hold Lessor harmless of any, from any claim resulting from the Lessor’s activities in relation to the property stored in the Leased Premises. Provided further, Lessor shall not be liable to Tenant or a third party for the removal or sale of personal property which is not the property of the Tenant or upon which a prior lien has attached, unless notice shall have been given to the Lessor by the Tenant that the property placed in the leased space is not that of the Tenant. The Tenant is required to inform the Lessor of the nature and identity of any property placed in the leased space that is not the property of the Tenant, or upon which there is a prior lien.
8. INDEMNIFICATION: Tenant will indemnify, hold harmless and defend Lessor from all claims, demands, actions or causes of action (including attorney’s fees and all costs whatsoever) that are hereafter made or brought as a result of or arising out of Tenant’s use of the Lease Space or premises. This indemnity specifically includes, but is not limited to all liabilities released by Tenant in Paragraph 7.
9. NO WARRANTIES: Lessor hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the leased space and the common areas of Lessor’s facility. Tenant hereby acknowledges and agrees that the Lessor does not represent or guarantee the safety or security of the Leased Space, or common areas of the Lessor’s facility, or of any property stored therein.
10. VALUATION OF TENANT’S PROPERTY: Tenant is storing personal property of different types and values. Lessor cannot monitor, supervise or control the items stored by Tenant in the Leased Space. Lessor has no knowledge of any real or sentimental value of Tenant’s property. Any assessment of value is between Tenant and its insurance company.
11. ALTERATIONS/DAMAGE: Tenant shall not make or allow any alterations to be made to the Leased Space, including the attachment of anything to the walls or ceilings. Tenant is responsible for damage, negligence, or misuse caused by or done by Tenant, its guests, invitees, or licensees. Tenant shall pay for the repairs to the premises caused by such misuse or negligence, and Lessor shall be authorized to offset any such damages against Tenant’s security deposit. In the event Lessor elects to offset such damages, Tenant shall immediately replenish Tenant’s security deposit upon demand from Lessor.
12. LESSOR’S RIGHT TO ENTER, INSPECT AND REPAIR: Tenant shall grant Lessor such access to Tenant’s unit as may be required by law, or access for inspection and repair. Under normal circumstances Lessor will give Tenant five (5) days’ notice by mail or email of the need to enter Tenant’s leased space for repairs. If conditions are of an emergency nature, Lessor may cut Tenant’s lock without prior written notice. “Emergency” means any sudden, unexpected occurrence or circumstance, which demands immediate action.
13. NOTICES/CHANGE OF ADDRESS: All notices required under this Agreement shall be in writing. All notices given to Tenant by Lessor may, at Lessor’s election, be sent either by mail or email to the address provided by Tenant in the heading of this agreement. All notices will be considered given when deposited in the United States mail or sent via email. It is Tenant’s responsibility to inform Lessor of any change of address, email, or telephone number, from that given in the heading of this Agreement. Tenant acknowledges and agrees that email is an authorized method of communication for all required notices from Lessor, whether required under this Agreement or at law.
14. RULES: Tenant agrees to abide by all rules and policies that are posted and now in effect or that may be posted and put into effect from time to time. All such rules and policies will automatically become a part of this lease when posted. Tenant shall have access to the Leased Space 24 hours per day, but dawn to dusk access is preferred. Tenant shall bring to Lessor’s attention as soon as possible any problems, leaks or all other repairs that are needed to the Leased Space.
15. ABANDONMENT: Abandonment is a default under this Agreement. Tenant’s leased space will be considered abandoned if (1) Tenant has provided a thirty (30) day written vacate notice, continues to occupy the leased space, and rent is not current; (2) Tenant’s leased space is left without a lock; (3) Tenant’s leased space is found to be empty or containing items of non-value such as empty packing cartons and other moving residue; (4) Entire contents of the Leased Space has been seized by process of law; (5) Other events occur which are an abandonment. If abandonment occurs, Tenant agrees that Lessor may enter Leased Space and take immediate possession. Tenant acknowledges that it has granted to Lessor a lien on any personal property, which remains within the leased space as per Paragraph 31 herein. Lessor shall either email or mail a notice of such abandonment of the leased space and seizure by certified mail, return receipt requested, to the address provided in the heading of this Agreement. If the Tenant does not respond within ten (10) days of such notice, or has not reoccupied the space after the passage of thirty (30) days from date of notice, Lessor is empowered to put its lock on the door of the rental space, remove all access codes to the Lessor’s facility, and/or institute legal action necessary to effectuate the removal of Tenant’s personal property from the Leased Space. Written notice, by email, personal service or certified mail, demanding the removal of Tenant’s personal property or notifying Tenant of any other defaults, shall be sent to the Tenant at the address listed above informing Tenant that if said default is not rectified within thirty (30) days from the date of notice, Lessor is empowered to advertise for sale the goods located or formerly located on the leased premises and SELL or DISPOSE of such goods. The Lessor may thereupon enter the leased premises and remove all property to another portion of the storage area, and rent the unit to another Tenant. Tenant agrees to pay Lessor any expenses incurred in such moving of the goods. Tenant hereby appoints Lessor as its attorney-in-fact to advertise for sale and sell the property located or formerly located in the leased premises. Lessor shall hold the proceeds of the sale such property for account of Tenant after deducting the charges for unpaid rent, damage to the Leased Space, expenses involved in the moving, storage, and sale of those goods, court costs and reasonable attorney’s fees, and any other charges which might be applicable under the terms of this Agreement.
16. DELINQUENCY/DOUBLE-LOCK/SELL-OUT: Tenant’s Account becomes DELINQUENT ten (10) days after any due date. On the eleventh (11th) day after said due date, in the case of a delinquent account, or on the tenth (10th) day after the personal service, email or certified mail notice in the case of any other default, Tenant’s leased space will be DOUBLE-LOCKED, and Tenant will not be allowed access until balance is paid in full or the other default is cured. After thirty (30) days of delinquency, Lessor will take possession of the contents of Tenant’s leased space by cutting off Tenant’s lock. Lessor will then proceed with the remedies provided in paragraph 15 of this Agreement.
17. LESSOR NOT WAREHOUSEMAN: It is expressly and specifically understood that Lessor is not a warehouseman as defined in 13 Pa. C.S. Sec. 7102 (relating to definitions and index of definitions). The contents of the leased space are the sole property and responsibility of Tenant. Tenant shall be responsible for purchasing insurance. Lessor does not, and will not, issue any warehouse receipt, bill of lading or other document of title for the personal property stored.
18. INSPECTION BY TENANT: Tenant has inspected the leased space and common areas of Lessor’s facility. Tenant agrees that the leased space and the common areas of the facility are satisfactory for all purposes, including safety and security for Tenant and its possessions.
19. SALTING AND DE-ICING SERVICES: Lessor will provide salting or de-icing services to the common entry way to the fenced area and the access ways inside of the fenced area. Tenant shall hold Lessor harmless for any damages caused by snow or ice.
20. PARKING: No parking of vehicles while inside of the common areas will interfere with other Tenants or prevent them from accessing their storage units or parked vehicles.
21. COMMUNAL GATES: The communal gates to the property shall have a 4-number combination lock to allow access to other renters/leasers and the Lessor. The current combination is: Ask us after you have completed this paperwork. We recommend you add this number to your cell phone as a saved note under our saved company phone number. The combination may be changed from time to time, but Lessor shall have no obligation to make any such change. Two weeks written notice will be given as to the time and date of such changes. Do not give the combination to others. Tenant acknowledges however that this gate combination may become known to other third parties through no fault of Lessor. Tenant shall hold Lessor harmless for any damages or injuries caused by any third party accessing the premises through the communal gates or any other portion of the premises. Tenant acknowledges that Lessor has no obligation and has made no representation as to the security of the Leased Space or the premises.
22. TENANT’S SUCCESSION: All of the provisions of this Rental Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the Tenant.
23. SUB-LETTING/ASSIGNMENT: Tenant may not sub-let or assign the Leased Space or this Agreement without the prior written consent of Lessor.
24. ASSIGNMENT BY LESSOR: Lessor may assign this Agreement without the prior consent of the Tenant.
25. SEVERABILITY: If any of the provisions of this Agreement should be held invalid or in violation of law, all other terms and provisions thereof shall nevertheless remain in full force and effect to the greatest extent under the law..
26. IMPAIRMENT OF THE USE OF PREMISES: In the event of destruction of the Leased Space or of the building of which it is a part, or damage thereto by fire or any other casualty, Lessor may, at its option, elect to terminate this Agreement as of the date of such event. Tenant shall not be entitled to compensation from Lessor on account of any loss, damage, annoyance or inconvenience on account of such destruction or damage or the repair thereof, or resulting from such termination or to consequential damages of any kind.
27. THIS IS THE ENTIRE AGREEMENT: This is the entire agreement between the parties. Tenant shall not rely on, nor shall Lessor be bound by, any oral promises of Lessor or its agents and employees.
28. GOVERNING LAW AND VENUE: This is a Rental Agreement as defined in the PA Self Service Storage Facilities Act. All provisions of that act, which are not specifically negated herein, are a part of this Rental Agreement. This agreement shall be construed in accordance with the Law of the Commonwealth of Pennsylvania. Any disputes shall be heard and determined in the Court of Common Pleas of Allegheny County, Pennsylvania, and both parties agree that forum is the most convenient forum for both parties..
29. LOCK/LOCK REMOVAL: Tenant shall provide, at its expense, one lock, for each door, which he feels is sufficient to secure his property stored in the Leased Space. If more than one lock is placed on unit, Lessor has the right to remove additional locks at Tenant’s expense. Tenant must keep the Leased Space locked at all times when Tenant is not in attendance. Tenant has 24 (twenty-four) hours upon execution of rental agreement to place a lock on the leased unit. After said 24 (twenty-four) hour period a lock will be placed on unit at Tenant’s expense. Authorized removal of lock requires 24 (twenty-four) hour notice. A $50.00 service fee is charged for this service..
30. UTILITIES: Lessor will not provide any utilities for the Leased Space. Lessor will provide only outside common lighting. Tenant shall not install any utilities, telephone or other communication devices in the Leased Space.
31. LESSOR’S LIENS: LESSOR SHALL HAVE A LIEN UPON ALL PERSONAL PROPERTY WHILE LOCATED WITHIN THE LEASED SPACE OR ON THE PREMISES OF LESSOR FOR ANY CHARGES ATTRIBUTABLE TO TENANT PURSUANT TO THIS AGREEMENT, PRESENT OR FUTURE, INCURRED FOR STORING SAID PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION, PURSUANT TO THE PENNSYLVANIA SELF STORAGE FACILITIES ACT, 73 P.S. 1901 ET SEQ. THIS LIEN ATTACHES AS OF THE DATE THE PERSONAL PROPERTY IS PLACED WITHIN THE LEASED SPACE OR ON THE PREMISES OF LESSOR. TENANT EXPRESSLY ACKNOWLEDGES NOTICE OF THE EXISTENCE OF THIS LIEN.
32. TERMINATION BY TENANT: Tenant must give Lessor 30 days written notice of his intent to vacate the leased space. Tenant’s leased space must be left broom-clean and in the same condition the leased space was given to Tenant at the time of the signing of this Agreement, normal wear and tear excepted. Security Deposit will not be refunded if unit is not left broom clean. A charge will be made to Tenant for the removal of any alterations made by Tenant. Lessor has the right to remove and dispose of all remaining contents left after move-out receipt has been printed. Tenant agrees to pay removal charges of $75.00 per man- hour (one hour minimum) and $50.00 per cubic yard for disposal services (one [1] yard minimum) for all items left. Tenant must notify the office when it has completely moved out of its Leased Space and complete move out procedure.
IN WITNESS WHEREOF, the said parties hereunto set their hands the day and year first written above.
