1. Rent and Default. The Occupant agrees to pay the Owner, for the use of the Space and improvements thereon, the Monthly Rent of $________.___. Monthly installments are payable in advance at the office of Owner on or before the first (1st) of each month Due Date in the amount of the Monthly Rent stated above, and a like amount each month hereafter, until the termination of this Agreement. The Owner acknowledges receipt of the sum set forth above as the amount tendered this day through the "Paid To date". When rent is seven calendar days past due, or if any check given in payment is dishonored, occupant is considered to be in default and the owner may deny access to the personal property located in the self-storage facility. THIS IS THE OCCUPANT`S NOTICE THAT OCCUPANT MAY BE DENIED ACCESS UPON DEFAULT. The Occupant`s failure to perform any of its obligations under the terms and conditions of this Agreement or the Occupant`s breach of the peace shall also constitute a default hereunder. The Occupant agrees and understands that partial payments made to cure a default for non-payment of rent will not delay or stop the foreclosure and sale of Occupant`s property. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant`s account prior to the published auction date will stop a scheduled sale of the property.
2. Denial of Access. In addition to denial of access due to default as set forth above, access will be denied to any party other than the tenant who does not retain gate code and key to lock on Space or has supplied Owner with written authorization from the tenant to enter the Space. Occupant`s access to the facility may also 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, restricting hours of operation, requiring verification of occupant`s identity and inspecting vehicles that enter the premises. Additionally, if Occupant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Owner to deny access to Occupant to all rented Spaces.
a. Paying your rent timely is your responsibility. We Do Not Send Reminder Notices. Upon request, Owner will send a monthly statement and Occupant will be charged a $3.00 monthly fee for this service.
b. After Five (5) days past due a montly late charge of $15.00 will be assessed.
c. After Seven (7) days past due the Owner may OVERLOCK OCCUPANT`S UNIT.
d. After Fifteen (15) days past due an additional montly late fee of $20.00 will be assessed.
e. After Thirty (30) days past due a $30.00 Lien Notice fee will be assessed.
f. After Fifty-One (51) days past due a $75.00 Lien Sale fee will be assessed.
g. A $30.00 bad check administrative charge will be incurred on all returned checks and Occupant`s space will be overlocked until check and charges are paid.
h. Owner reserves the right to refuse acceptance of payment by check made either in person or by mail.
i. All partial payments shall first be applied to late fees and any other fees or charges before being applied to the rent. Partial Payments will not stop a lien sale.
j. Concurrently with the execution of this Rental Agreement, the Occupant shall pay to the Owner a non-refundable New Account Administration Fee in the amount of $20.00.
4. Use of Space Compliance with Law.
(a). The Space named herein shall be used by the Occupant solely for the purposes of storing personal property belonging to the Occupant. The Occupant agrees not to store any explosives, or any perishable, flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the Space or elsewhere on the Property which would cause danger or nuisance to the Space or any other portion of the Property. The Occupant agrees that the Space and the Property will not be used for any unlawful purposes or contrary to any law, ordinance, regulation, fire code or health code and the Occupant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Space or anywhere on the Property, and will keep the Space and the Property in good condition during the term of this Agreement. The Occupant agrees not to store jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special, sentimental or emotional value to the Occupant. The Occupant hereby waives any claim for sentimental value for the Occupant`s emotional attachment to any property that is stored in the Space or on the Property.
5. Condition and Alteration of Space. The Occupant shall make no alterations or improvements to the Space without the prior written consent of the Owner. If the Occupant damages or depreciates the Space, or makes alterations or improvements without such Owner`s consent, all costs necessary to restore the Space to its prior condition shall be the responsibility of the Occupant, and shall be considered additional rent payable hereunder. The Occupant shall notify the Owner immediately of any damage or defect to the Space. If Occupant causes any damage to the Property, it may be denied access to its Space until payment is made for the cost to repair. Occupant understands that all unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the storage space.
6. Limitation of Value. The Occupant agrees that in no event shall the total value of all property stored be deemed to exceed $5,000.00 unless the Owner has given permission in writing for the Occupant to store property exceeding such value. The Occupant agrees that the maximum value for any claim or suit by the Occupant, 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 Owner to the Occupant for any loss or damage to the Occupant`s property, for any cause.
7. Abandonment. This Agreement shall automatically terminate if the Occupant abandons the Space. The Occupant shall be deemed to have abandoned the Space if the Occupant has removed the contents of the Space, and/or has removed the Occupant locking device from the space and is not current in all obligations hereunder. Abandonment shall allow the Owner to remove all contents of the Space for disposal. Occupant hereby waives and releases any claims or actions against Owner for disposal of personal property resulting from Occupant`s abandonment. Rent prepaid for any period in which the Occupant moves out early shall not be refunded.
8. Termination. This Agreement shall continue from month to month unless the Owner delivers to the Occupant, or the Occupant delivers to the Owner a written notice of its intention to terminate the Agreement at least ten (10) days prior to the end of the then current rental period. Upon termination of this Agreement, the Occupant shall remove all personal property from the Space (unless such property is subject to the Owner`s lien rights as referenced herein), and shall deliver possession of the Space to the Owner on the day of termination. If the Occupant fails to fully remove its property from the Space within the time required, the Owner, at its option, may without further notice or demand, either directly or through legal process, reenter the Occupant`s Space and remove all property therefrom without being deemed guilty in any manner or trespassing or conversion. All items, including boxes and trash left in the Space or on the Property after vacating will be deemed to be of no value to the Occupant and will be discarded by the Owner at the expense of the Occupant.
9. No Bailment. The Owner is not a warehouseman engaged in the business of storing goods for hire, and no bailment is created by this Agreement. The Owner exercises neither care, custody, nor control over the Occupant`s stored property. The exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in the Occupant.
10. Occupant`s Risk of Loss. All property stored within the Space or on the Property by the Occupant, or located at the facility by anyone shall be stored at the Occupant`s sole risk, and the Occupant must take whatever steps he deems necessary to safeguard such property. The Occupant must keep the Space locked must provide his own lock and key. The Occupant assumes full responsibility for all persons who have keys and access to the Space. The Owner and the Owner`s employees and agents shall not be responsible or liable for any loss of or damage to any personal property stored in the Space or on the Property, or for any personal injury or death occurring to the Occupant, the Occupant`s invitees, family, employees or agents, resulting from or arising out of the Occupant`s use of the Space or the Property from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, vandalism, fire, smoke, water, flood, mold, mildew, hurricanes, rain, tornadoes, explosions, rodents, Acts of God, or the active or passive acts or omissions or negligence of the Owner, the Owner`s agents or employees. Owner and Owner`s agents and employees shall not be liable whatsoever to any extent to Occupant or Occupant`s invitees, family, employees, agents or servants for any personal injury or death arising from Occupant`s use of the Space or Property from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Owner, Owner`s agents, or employees.
11. Indemnification of Owner. The Occupant will indemnify and hold the Owner harmless from and against any and all manner of claims for damages or lost property or personal injury and costs, including attorney`s fees, arising from the Occupant`s lease of the Space in the Property or from any activity, work or thing done, permitted or suffered by the Occupant in the Space or on or about the Property. In the event the space is damaged or destroyed by fire or other casualty, the Owner shall have the right to remove the contents of the Space and store it at the Occupant`s sole cost and expense without liability for any loss or damage whatsoever, and the Occupant shall indemnify and hold the Owner harmless from and against any loss, cost or expense of the Owner in connection with such removal and storage. Should any of the Owner`s employees perform any services for the Occupant at the Occupant`s request, such employee shall be deemed to be the agent of the Occupant regardless of whether payment for such services is made or not, and the Occupant agrees to indemnify and hold the Owner harmless from any liability resulting from or arising out of, directly or indirectly, such services performed by employees of the Owner.
12. Insurance. THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT`S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE OCCUPANT`S RESPONSIBILITY TO OBTAIN SUCH INSURANCE. The Occupant, at the Occupant`s expense, shall secure his own insurance to protect himself and his property against all perils of whatever nature, including building collapse, fire, lightning, leaking water, wind and hail, vandalism and malicious mischief, burglary, hurricane and tornado, earthquake, explosion, smoke, and all other perils for the actual cash value of the stored property. Insurance on the Occupant`s property is a material condition of this Agreement, and is for the benefit of both the Owner and the Occupant. The Occupant`s failure to carry insurance is a breach of this Agreement, and the Occupant shall make no claim whatsoever against the Owner`s insurance in the event of any loss. The Occupant agrees not to subrogate against the Owner in the event of loss or damage of any kind or from any cause.
13. Owner`s Right to Enter. In cases where the Owner considers it necessary to enter the Space for purposes of examining the Space for violations of this Agreement, or conditions in the Space, or for making repairs or alterations thereto, or to otherwise comply with this Agreement, the Occupant agrees that the Owner, or the Owner`s representative, shall have the right without notice to enter into and upon the Space and the Owner reserves the right to remove contents to another space, and continue to store such contents at the sole cost and expense of the Occupant.
14. Owner`s Lien Rights. Pursuant to Section 39-20-30 of the South Carolina Code of Laws, UPON DEFAULT BY THE OCCUPANT, THE OWNER HAS A LIEN, THAT IS A CLAIM OR SECURITY INTEREST ON ALL PERSONAL PROPERTY STORED IN OCCUPANT`S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN THE OCCUPANT`S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS FIFTY (50) DAY PERIOD AFTER DEFAULT. IF ANY RENT IS SEVEN CALENDER DAYS PAST DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM THE DATE PAYMENT WAS DUE. For purposes of the Owner`s lien: "personal property" means movable property, not affixed to land, and includes, but is not limited to goods, merchandise, and household items and specifically excludes motor vehicles or other property evidenced by certificate of title "last known address" means that address provided by the Occupant in the latest Rental Agreement or the address provided by the Occupant in a subsequent written notice of a change of address. The Owner`s lien attaches as of the date the Occupant is considered to be in default. OWNER MAY SELL OCCUPANT`S PERSONAL PROPERTY IN A COMMERCIALLY REASONABLE MANNER AFTER GIVING OCCUPANT REASONABLE NOTICE, IN ORDER TO SATISFY SUCH LIEN. IF OWNER DETERMINES THAT THE VALUE OF THE PROPERTY IN THE SPACE HAS A SALE VALUE OF LESS THAN $300, THE OWNER MAY DISPOSE OF THE PROPERTY AFTER 60 DAYS. If any property remains unsold after foreclosure and sale, the Owner may dispose of said property in any manner considered appropriate by the Owner.
15. Security Agreement. This Agreement shall constitute a security agreement covering the contents of the Space (hereinafter referred to as "Collateral"), and a security interest shall attach thereto for the benefit of, and is hereby granted to the Owner by the Occupant to secure the payment and performance of any default by the Occupant hereunder. The Owner, in addition to all other rights and remedies it may have in such event, may exercise any right or remedy with respect to the Collateral which it may have under the Uniform Commercial Code or otherwise. All rights of the Owner hereunder or at law or in equity are cumulative. The Occupant hereby waives and renounces its right to the benefit of any exemptions it may otherwise have under the South Carolina Code of Laws.
16. Waiver/Enforceability. In the event any part of this Agreement shall be held invalid or unenforceable, the remaining part of this Agreement shall remain in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by the Owner of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by the Occupant of the same or any other provision.
17. Attorney`s Fees. In the event the Owner retains the services of an attorney to recover any sums due under this Agreement, for an unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand, claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney`s fees.
18. Successors in Interest. This Agreement is binding upon the parties hereto, their heirs, personal representatives, successors in interest and assigns.
19. Governing Law. This Agreement and any actions between the parties shall be governed by and construed and interpreted in accordance with the laws and decisions of the State of South Carolina.
20. Rules. The Occupant agrees to be bound by any Rules and Regulations as may be posted by the Owner from time to time. All Rules and Regulations shall be deemed to be part of this Agreement and incorporated herein.
21. Notices from Occupant. The Occupant agrees to give prompt written notice to the Owner, at the address of the Property, of any change in the Occupant`s address or any change in the status of any liens or secured interests on the Occupant`s property in the Rented Space. The Occupant understands that he must fax or e-mail (with verification by Owner only) or mail such notice by certified mail, return receipt requested, with postage prepaid to the Owner, at the address of the Property.
22. Notices from Owner. All notices from Owner shall be sent by first class mail postage prepaid to Occupant`s last known address or to the electronic mail address provided by the Occupant in this Rental Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law. If Occupant has provided the Owner with an electronic address, the Owner may communicate with Occupant and provide Occupant with any written notices authorized or required under this Agreement or by applicable law via electronic mail.
23. Changes. All terms 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 Owner upon thirty (30) days prior written notice to the Occupant. If so changed, the Occupant may terminate this Agreement on the effective date of such change by giving the Owner ten (10) days prior written notice to terminate after receiving notice of the change. If the Occupant does not give such notice of termination, the change shall become effective on the date stated in the Owner`s notice and shall thereafter apply to his occupancy hereunder.
24. Occupant`s Lock. The Occupant shall provide at the Occupant`s own expense a lock for the space which the Occupant, in the Occupant`s sole discretion, deems sufficient to secure the Space. The Space shall be locked immediately upon execution of this Agreement. The Occupant shall not provide the Owner or the Owner`s agents with a key and/or combination to the Occupant`s lock unless deliveries are to be accepted by the Owner on the Occupant`s behalf pursuant to a further written agreement with the Occupant. If lock is not placed on unit or Space is found without a lock, Owner has the right to place a new lock on the Space to secure the Unit without creating a bailment and Occupant shall indemnify and hold Owner harmless from and against any loss, cost or expense of Owner in connection with locking the Space, including the cost of the lock.
25. Storage of Motor Vehicles. In the event that any motor vehicle remains stored in the Space after termination of the Rental Agreement or upon Occupant`s default, and in addition to all other rights and remedies available to Owner, after 60 days, Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, 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 vehicle is subject to removal at the Occupant`s expense. Owner shall incur no liability to Occupant for causing the vehicle to be removed pursuant to this paragraph.
26. Occupant`s Trash. Occupant is responsible for his/her own trash. Anything occupant brings into his/her unit must go with Occupant. Owner does not have trash collection facilities to dispose of storage unit contents. If Occupant leaves garbage, refuse, or anything whatsoever in the storage unit or on storage facility grounds, Owner shall charge Occupant the cost of removal and disposal to put the storage unit or grounds in the same condition as originally received by Occupant.
27. Military Service. IF THE OCCUPANT IS IN THE MILITARY SERVICE, the Occupant must provide written notice of such fact to the Owner, and the Owner will rely on this information to determine the applicability of the Servicemembers Civil Relief Act to this transaction.
28. PROTECTION OF STORED MATERIAL: Occupant hereby acknowledges that he has been advised by Owner not to allow stored goods or materials to directly contact concrete or wood floors or walls (wood pallets are suggested). Occupant also acknowledges that he/she has been advised to cover all goods with plastic or other material to protect from dust, water, mildew, etc.