Notice to Tenant/Guarantor
a) Invoices will not be sent
b) Your rent must be received at time of drop off. If not paid at time of drop off, tenant has 30 days or your goods could be sold for unpaid rent. Your compound and unit access will be denied and additional fees, as posted will be
charged, as per storage lien act of Ontario.
c) The tenant is responsible for notifying the landlord (Heidi’s RV Superstore) in writing if their address changes.
d) The terms and conditions on both sides of this contract form part of the within lease document.
e) Tenant is responsible for insuring vehicle/trailer while in storage
Heidi’s RV Superstore Lease
This lease made in pursuance of The Short Forms of Lease Act and the repair and storage liens Act Province of Ontario is executed in duplicate on the front of this form between Heidi’s RV Superstore (“The Landlord”) which has an office at 3982 Highway
11 South, Oro-Medonte, ON, L0L 1T0 and the person indicated on the front of this form (“Tenant/Guarantor”) whose residence and/or business address are set forth of the front side of this form for the purpose of leasing certain space as described ON THE
EXPRESS UNDERSTANDING THAT NO BAILMENT OR DEPOSIT OF GOODS FOR SAFEKEEPING IS INTENDED OR CREATED HEREUNDER.
It is agreed by and between the Landlord and Tenant as Follows:
DESCRIPTION OF PREMISES: Landlord leases to Tenant the Enclosed Space(s) indicated on the front of this form (hereafter the “premises”) located at the above referenced address and included in a larger facility at such address containing similar
leased real property and common areas, being those parts of the Landlord’s lands appurtenant and giving access to the premises which are from time to time designated by the Landlord for the use of Tenant and other tenants (the entire facility is hereafter
referred as the “Project”). Excluded from the Premises is the surface of all walls and of the door and of the roof enclosing the premises. The size of the premises is approximate. The tenant hereby specifically acknowledges being advised and agrees that the
Premises are not/or and will not/or be heated or air conditioned at anytime during the term hereof by any means whatsoever as agreed. The tenant acknowledges and agrees the Premises and the common area of the Project are satisfactory for all purposes
including the safety and security hereof, access to the Premises and the common areas of the Project. Tenant shall have access to the Premises and the common areas of the Project only during such hours and days as our regularly posted at the Project.
TERM:The term of the lease shall commence on the start date of the lease as indicated on the front of this form and shall continue on a month-to-month tenancy unless ten (10) days prior to the end of the initial terms of this Lease, or any extensions of
renewal of this Lease, either of the parties gives the other party notice of his intention to terminate this Lease at the end of the paid term. This Lease shall be construed as a tenancy at sufferance at the rental rate and on the same terms and conditions herein
specified, or as such may be modified pursuant to Paragraph 3 below.
RENTS: Tenants shall pay the Landlord monthly rent, as specified on the front of this from, in advance prior to the monthly anniversary date deduction, prior notice, demand or bill statement. Tenant understands that under no circumstances will Tenant be
entitled to a refund of the first month’s rent paid upon execution of this Lease. The monthly rent shall be adjusted by Landlord effective the month specified in the written notice by Landlord to Tenant specifying such adjustment shall be given not less than
thirty (30)days prior to the date for which the adjustment shall be effective. Any such adjustment in the monthly rent shall not otherwise affect the terms of this Lease and other terms of this Lease shall remain in full force and effect. If Tenant fails to pay
such adjusted rental upon the first day of the term in which it becomes effective, at the option of the Landlord, Tenant shall be conclusively deemed to have terminated his month-to-month tenancy as of the day immediately preceding such first day and to be
over holding without the consent of the Landlord. The Tenant hereby waives the provisions of section 35 of the Landlord and Tenant Act relating to any rights of set off. Partial payment of rent does not waive or void the legal effect of prior notices given to
Tenant unless expressly agreed to in writing by the Landlord. Landlord reserves the right to refuse payment by cheque. Any additional charges shall be payable concurrently with the rent payment or at the time the additional charges are levied. Heidi’s RV
Superstore is permitted to charge past due money’s including any rent, fees and cost by submitting a sales draft against Tenant’s credit card indicated under “tenant information” and Tenant authorizes its payment by credit card company without Tenant’s
signature in the event of a seizure under Paragraph 10 hereof, it is understood and agreed that the liability of Tenant for the rents, charges, costs, and expenses provided for in this Rental Lease shall not be relinquished, diminished or extinguished prior to
payment in full or termination of this Lease, whichever occurs first in time. It is further agreed that the Tenant shall be personally liable for all rents, charges, costs, expenses to the date of termination of this Lease, expenses incurred for the sale and/or
disposition of the property, legal fees and court costs incurred by Landlord in the enforcement of this Lease and any costs of repair. In the event of a sale or other disposition as provided below, it is agreed that date of such sale or other disposition shall
constitute the date of termination of this Lease. Tenant pays rent until auction or disposal of goods.
FEES AND DEPOSITS:(a)All rent shall be paid in advance, before the monthly anniversary, and in the event the Tenant shall fail to pay rent by the monthly anniversary, Tenant shall pay, in addition to any other amounts due, late charges as posted in the
office at 3982 Highway 11 South Oro-Medonte, Ontario.(b) If a cheque is returned to the Landlord because of non sufficient funds on deposit, or any other reason, the Tenant shall pay in addition to any other amounts due a charge of $50
USE OF PREMISES AND COMPLIANCE WITH LAW:Tenant shall use the Premises for the storage of chattels and for no other purpose. Tenant shall not carry on nay business on the Premises and shall not at any time use the Premises for any residential
purpose. Tenant shall post no signs nor install any antenna or other apparatus on or about the Premises. Tenant shall not store on the premises personal property in or which other person has any right, title or interest. It is understood and agreed that Tenant
may store personal property of various types value of which may be difficult or impossible to ascertain. Accordingly, the aggregate value of all personal property stored in, or about the Premises shall in any event be deemed not to exceed $5000, however it is
further understood and agreed that Tenant may store personal property with substantially less or no aggregate value and nothing herein contained shall constitute or evidence any Lease or admission by Landlord that the aggregate value of all such personal
property is,will be, or is expected to be at or near $5000. It is specifically understood and agreed that Landlord need not be concerned with the kind, quantity, or value of personal property or other goods stored by Tenant in or about the Premises pursuant this
Lease. Tenant shall not store any animals, improperly packaged food or perishable goods, flammable material, nor perform any welding or cooking on Premises or in the project. Tenant shall not store any on the premises, which would result in the violation
of any law of any governmental authority, and Tenant shall comply with all laws, rules, regulations and ordinances or an and all governmental authorities concerning the premises or the use thereof. Tenant shall not use the Premises in any manner that will
constitute waste, nuisance or unreasonable annoyance to other tenants in the project. Landlord shall not be liable to the Tenant for any interference with Tenants use of the common areas.
RELEASE OF TENANT INFORMATION: Tenant hereby authorizes Landlord to release any information regarding Tenant and Tenant’s tenancy as may be requested by law or requested by governmental authorities or agencies, law enforcement agencies
or court.
LIMITATIONS OF LANDLORD’S LIABILITY, INDEMNITY: It is agreed between the Landlord and Tenant as follows: (a) Neither the Landlord nor its servants, employees, invitees, licensees, agents or any other for who the Landlord may be at law
responsible (“its agents”) shall be liable for any loss, injury, or damage derived from any cause, including the negligent or deliberate acts or omissions of the Landlord or its agents, to person using common areas or to vehicles or their contents or any other
property thereon, or for any damages to property entrusted to its or their employees, or for the loss of any property by theft or otherwise and all property located, kept or store in or about the Premises shall be at the sole risk of the Tenant.(b) Neither the
Landlord nor its agents shall be liable for any injury or damage to persons property resulting from faulty materials or workmanship or any other defect in the Premises or Project, or fire, explosion, tornado, storm, electricity, gas, frost, ice, vermin, insects,
water, rain, snow, dampness, Acts of God, or from any other cause whatsoever whether or not resulting from the negligent or deliberate acts or omissions of the Landlord or its agents. The Landlord and its agents shall not be liable for any loss or damage
caused by acts or omissions of other tenants or occupants, their employees or agents, or of any other persons or for damage caused by the construction of any public or quasi-public works, and in no event shall the Landlord be liable for any consequential or
indirect damages suffered by the Tenant. (c) The Tenant shall indemnify and save harmless the Landlord and its agents against all liability, judgments, legal and related costs, penalties, claims, damages, or expenses due to or arising out of any act or neglect
by the Tenant or its servants, employees, agents, invitees or licensees or any other person for who the Tenant may be at law responsible on and about the Premises and common areas or arising out of any breach by the Tenant of any provisions of this Lease,
including liability for injury, loss, or damages to their persons or property of the Tenant’s servants, employees, agents, invitees, or licensees. The Tenant agrees to indemnify and hold harmless the Landlord from an and all costs, disbursements, expenses
(including legal fees), demands, claims, actions, or causes or action arising directly or indirectly from this Lease or any renewal or extension thereof.
INSURANCE:Tenant, at tenants own sole expense, shall maintain on all personal property, in, on or about the premises, to the extent of at least 100% of the actual cash value of such personal property, a policy or policies of insurance covering damage by
fire, extended coverage perils, vandalism and burglary. Tenant may obtain insurance from the insurance company of the tenant’s choice. To the extent Tenant does not maintain the required insurance coverage for the full value of the personal property stored
in the Enclosed Space or Parking Space, Tenant shall deemed to be “self insured”; Tenant shall bear all risk of loss or damage. The Tenant agrees to obtain insurance coverage for 100% of the actual cash value of Tenant’s property stored on or in the premises
or to be “self insured”.Tenant hereby releases landlord and landlord’s agents (as defined above_ from any and all claims for damage or loss to the personal property in, on or about the premises, that are caused by or result from perils that are, or would be,
covered under the required insurance and hereby waives any and all rights of recovery against landlord and landlords agents in connection with any damage which is or would be covered by any such insurance. While information may be made available to
the tenant with respect to insurance, tenant understand and agrees that landlord and landlords agents are not insurers, insurance agents, insurance brokers and do not assist and have not assisted tenant in the explanation of coverage or in the taking of claims
under any insurance policy. All property stored within or in the space by Tenant or located at the facility shall be Tenants sole risk. Landlord carries no insurance, which in any way covers any loss whatsoever that Tenant may have or claim by renting the
storage space or being on or about the facility, and therefor Tenant must obtain any insurance desired at his own expense. Landlord strongly recommends that Tenant secure his/her own insurance to protect himself/herself and his/her property against all
perils of whatsoever nature. Landlord shall not be liable to Tenant or Tenant’s incites, family, employees, for injury or damage caused by faulty materials or workmanship or any other defect in the Premises or Project, or fire, explosion, tornado, storm,
electricity, gas, frost, ice, vermin, insects, water, rain, snow, dampness, acts of God, or from any other causes whatsoever whether or not resulting from the negligence or deliberate acts or omissions of the Landlord or agents. Tenants acknowledge that
Landlord does not take care, custody, control, possession, or dominion over the contents in, or on the space, or at the facility and does not agree to provide protection for the facility, the space or the contents thereof. Tenant must take whatever steps he/she
deems necessary to safeguard what is at the facility or in or on the space. Should any of Landlord’s employee perform any services for the Tenant at the Tenant’s request, such employee shall be deemed to be the agent of the Tenant, regardless of whether
payment for such services is made or not, and Tenant agrees to hold Landlord harmless from all liability in connection with or arising from, directly such services performed by employee of Landlord.
DISTRESS:In the event of any future failure of the Tenant to pay any rent or other charges due hereunder within four (4) days after the same shall be due or failure to perform observe any other terms, conditions, or events of this lease to be observed or
performed by the Tenant shall become bankrupt or insolvent of it the Tenant shall abandon the premises, the landlord, besides any other rights or remedies it may have, shall have the immediate right of entry and/or may remove all persons and property from
the premises and such property may be stores in a public warehouse or elsewhere at the cost of and for the account of the tenant all without service of notice or resort to legal process and without being deemed guilty of trespass or becoming liable for any
damages which will be occasioned thereby. After any disposition of such property, the landlord shall only be liable to the Tenant for the remainder, if any, of the proceeds of sale after deduction of the rent and other charges provided for herein and the
landlord’s cost in realizing the same for a period of ninety (90)days following such sale. None of the goods or chattels of the tenant on the premises shall be exempt from levy by distress for rent in arrears as provided for by section 30 of the Landlord and
Tenant Act RSO 1980, chapter 232 as amended, and upon any claim being made for such exemption by tenant, this covenant may be pleases as an estoppel against tenant in any action brought to est the right to levy upon such goods or chattels as are named
as exempted. Tenant hereby waives any benefit, which could have accrued to him under the section have the Act, or any amendment thereto, but for this covenant.
ABANDONMENT: (a) In the event rent shall be default due and unpaid for a period of fourteen (14) consecutive days, and tenant shall have failed to give landlord written notice of an intention not to abandon the premises and the personal property located
in, on, or about the premises withing fifteen (15) consecutive days thereafter, landlord may reasonable assume that Tenant has abandoned he premises any any personal property located in, on, or about the premises, and at the landlord’s option, the premises
shall be deemed abandoned, Project Access Card voided in the computer and this lease terminated. (b) Notwithstanding the foregoing, in the event landlord otherwise reasonably determines the tenant has abandoned the premises, at landlord’s option, the
premises shall be deemed abandon, Project Access Card voided in the computer and this lease terminated. The Landlord will have a lien upon all personal property, whether or not owned by the Tenant, located at the Premises for rent, labour or other charges.
Upon the Tenant’s failure to pay the rent when it becomes due, the Landlord may, without notice after the date the rent is due, deny the Tenant access to the Project and Premises. The Landlord shall have the right to place a lock on the trailer after the first
(1st) day of the rental period, if the rent has not been received. The overlock placed by the Landlord shall serve as notification that rent is due and not paid according to the Landlord’s records. The overlock shall be removed only during office hours of the
facility. Fees as posted in the office of the Project will be charged for each late notice sent and for each phone call and all other costs incurred regarding money past due. Further, in the event of an abandonment of the premises or any other termination of the
lease, landlord may sell, destroy, or otherwise dispose of any personal property thereafter remaining on the premises, and shall not be liable to the tenant for any loss or damage thereby caused to the tenant. After any sake of such personal property the
landlord shall only be liable to the tenant for the remainder, if any, or the proceeds of the sale after deduction of the rent and any other charges provided for herein, and the landlord’s costs in realizing the same, for a period of ninety (90) days following such
sale. Should the tenant fail to claim or make written demand upon the landlord for such surplus within such ninety (90) day period, the same shall belong absolutely to the landlord.
NO WARRANTIES:Landlord hereby disclaims any implied or expressed warranties, guarantees or representation of the nature, condition safety or security of the premises and the project. The tenant hereby acknowledges and agrees that landlord does not
represent or guarantee the safety of security of the premises or of any stored property herein. This lease sets forth the entire agreement of the parties with respect to the subject matters hereof and supersedes all prior agreements or understandings with respect
thereto verbal or otherwise. No representative of the landlord or landlord’s agents is authorized to make any representation, warranties, or agreements other than as expressly set forth herein. Landlord’s or Landlord’s agents ORAL STATEMENTS DO NOT
CONSTITUTE WARRANTIES, and shall not be relied upon the Tenant, nor shall any of said statements be considered a [art of this Lease. The entire Lease and understanding of the parties here to is embodies in this writing and no other warranties are given
beyond those set forth in the Lease. The parties hereto agree that the implied warranties of merchant ability and fitness for a particular purpose and all other warranties, express or implied are excluded from this transaction and shall not apply to the Lease
space, beyond those set forth in this Lease. The parties hereto agree that the implied warranties of merchant ability and fitness for a particular purpose and all other warranties, express or implied, are excluded for this transaction and shall not apply to the
Lease space, premises and facility referred to herein. It is further understood and agreed that Tenant has been given an opportunity to inspect, and has been given an opportunity to inspect, and has inspected this space, premises, and facility, and the Tenant
accepts such Leased space, space, premises, and facility as is and with all faults.
SUCCESSION: All the provisions of his lease shall apply to, bind, and be obligatory upon their heirs, executors, administrator, representative, successors and permitted assigns of the parties hereto.
TIME: Time is of the essence in the performance of this Lease and in the payment or each and every installment of rent and charges herein covenanted to be paid. If any rent or charge shall be due and unpaid, or if the Tenant shall fail or refuse to perform
any of the covenants, conditions or terms of the Lease, Tenant shall be conclusively deemed in default in the performance of this Lease.
ATTORNEY’S FEES: In the event any action be instituted or other proceedings taken to enforce a term, covenant or condition herein contained or to recover any rent or charge due or to recover possession of the space or facility for any default or breach of
this Rental Lease by Tenant, Tenant agrees to and shall pay all Landlord’s legal fees, all costs and expenses in connection therewith.
BREACH OF COVENANT: A breach of any of the covenants or conditions of this Lease by the Tenant shall, at the option of the Landlord, terminate this Lease and at which time said Lease shall become null and void without notice to Tenant.In such event
Landlord shall give notice to Tenant to remove its possessions pursuant to “Abandonment” paragraph.
NON-RENEWALS AND TERMINATION: This Lease shall not be renewed if the party desiring the same gives written notice by prepaid registered mail to the other of its intention not to renew, not less than ten (10) days prior to the expiry of the current
term. In the event of the destruction or substantial damage to the premises by fire or other cause beyond the control of the Tenant, this Lease shall terminate upon the happening of such destruction or damage. Further, this Lease may, at the option of the
Landlord, be terminated upon any default by tenant under the terms of this Lease of the abandonment of the premises by Tenant, or by Landlord’s acceptance of Tenant’s notice to terminate given not less than thirty (30) days notice before the proposed date
of termination. Tenant agrees to give thirty (30) days written notice prior to move out, and he agrees that failure to give such notice will allow Landlord to any damages and charges to which Landlord may be entitled and the Lease will terminate on the next
anniversary date.
NOTICES:Except as otherwise expressly provided in this Lease, any written notices or demands required or permitted to be given under the terms of this Lease may be personally served or may be served by registered mail deposited in Canada Post with
postage thereon full prepaid and addressed to the party so to be served at the address of such party provided for in this Lease. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed shall be
deemed complete on the third business day following the date of deposit in Canada Post with postage thereof fully prepaid and addressed in accordance with the provision hereof.
BANKRUPTCY: In the event that the Tenant files a voluntary petition in bankruptcy, or suffers petition in bankruptcy, or suffers a petition in involuntary bankruptcy to be filed against him/her or makes an assignment to the benefit of creditors, or is placed in
receivership, or is subject of any other type of legal action wherein the right to use and occupancy of the Leased space is an issue, then, at the option of he Landlord, this Lease shall terminate, and Tenant shall thereafter have no right, title, or interest in or to
any of the Leased space.
CHANGE OF TERMS:All terms of this Lease, including without limitation, monthly rental, conditions of occupancy and charges are subject to change upon thirty (30) days prior written notice to Tenant (at Tenants address on file). If changed, the Tenant
may terminate this Lease on the effective date of the change by giving Landlord ten (10) days prior written notice to terminate. If the Tenant does not give such notice, the change shall become effective and apply to this occupancy.
ENTIRE LEASE: This lease constitutes the sole and only Lease of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting this subject matter contained herein. No amendment or alterations of
the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duty executed by the parties hereto.
CONSUMER REPORT:Tenant hereby acknowledges that the Landlord may refer to our procure a consumer report containing personal information respecting the Tenant in connection with this transaction