Notice: The monthly rent and other charges stated in this Agreement are the actual charges you must pay. You may choose to be contacted for legal matters related to late or lien notices via electronic mail by providing your electronic mail address in at least two locations within this Agreement.
This self-storage facility rental agreement (“Agreement”) is made as of the _______ day of ___________________, 20____, by and between Oxford Storage Units LLC, with an address of P.O. Box 1223, Oxford, New York 13830 (“Owner”) and _________________________________________, with an address of
_____________________________________________________________ (“Occupant”).
1. Owners rents and leases to Occupant on a month-to-month basis the storage unit identified above (“Unit”) located at 4097 State Highway 12, Oxford, Chenango County, New York upon the terms and conditions set forth in this Agreement.
2. The monthly rent for the Unit shall be as stated above payable monthly in advance on or before the first day of each month, with the first payment (prorated for any partial month) made concurrently with the execution of this Agreement, receipt of which is hereby acknowledged. There shall be no refund of any monthly rent if this Agreement is terminated before the end of the month. Owner may increase the monthly rent upon thirty (30) days prior written notice to Occupant. Returned checks shall be subject to a service charge of $50.00 per instance.
3. In addition to the monthly rent provided for, Owner acknowledges receipt of the security deposit stated above which constitutes security for the faithful performance of this Agreement by Occupant. The security deposit shall be held without liability for interest. The security deposit shall not be considered an advance payment of rent or a measure of Owner’s damages in the case of default by Occupant. Occupant may not apply the security deposit to the monthly rent.
4. This Agreement shall continue on a month-to-month basis until terminated by 10 days prior written notice by either Owner or Occupant. Notice must be received at least 10 days prior to the end of the month.
5. Occupant shall not make or suffer any alterations to the Unit without the prior written consent of Owner. Occupant shall keep and maintain the Unit in good condition during the term of this Agreement. Occupant shall, at the termination of this Agreement, leave the Unit in good condition and broom clean. Occupant shall be responsible for any damage to the Unit and for any cleaning costs incurred. Any personal property left behind by Occupant may be disposed of by Owner at Occupant’s cost or retained by Owner as abandoned property.
6. There shall be no sales conducted by Occupant at the Unit. The Unit shall not be used for the following purposes: residential or sleeping quarters, commercial purposes, housing of live animals, automotive repairs, manufacturing, assembly, painting, storage of perishable items, or storage of items that will create an odor or other nuisance. Smoking is not permitted within the Unit or on the premises.
7. The Unit shall be used solely for the storage of personal property in accordance with the terms of this Agreement and applicable law.
8. Occupant shall not have the right to store any items which Occupant has in his possession illegally or items which are unlawful to be possessed by Occupant, nor shall Occupant store any gasoline, flammable, explosive, or other hazardous or dangerous materials. Occupant shall not permit the accumulation of rubbish or waste.
9. Owner has a valid lien upon all personal property stored in the Unit pursuant to New York Lien Law Section 182 (without liability for trespass or conversion) for rent and other fees, present or future, due hereunder and for expenses reasonably incurred by Owner, including but not limited to, reasonable attorneys’ fees. Owner’s lien may be
enforced by public or private sale of Occupant’s personal property to be conducted in accordance with applicable law.
10. No bailment is created hereunder. Owner is not engaged in the business of storing goods for hire and it not a warehouseman.
11. This Agreement is made on the express condition that Owner shall be free from all liability and claims for damages by reason of injuries of any kind to any persons, including Occupant, or damage to any property of any kind whatsoever and to whomever belonging, including Occupant, from any cause or causes whatsoever while in, upon, or in any way connected with the Unit and the premises. Occupant hereby agrees to save and hold Owner harmless from any liability, loss, cost, or obligation on account of or arising out of any such injuries or losses however occurring. Occupant also hereby agrees to save and hold Owner harmless from any liability, loss, cost, or obligation on account of or arising out of the acts or omissions of Occupant.
12. Occupant shall, at his sole expense, maintain his own insurance on the personal property stored in the Unit. Owner has strongly recommended that Occupant obtain insurance to cover his personal property. Owner shall not be responsible for theft or damage, if any, to Occupant’s personal property caused by fire, flood, water, or from any cause whatsoever. Occupant is storing his personal property at Occupant’s sole risk. Occupant acknowledges that Owner does not provide security for the premises nor does Owner take custody or control over the contents of the Unit.
13. Occupant has inspected the Unit and accepts the Unit “AS IS”. Occupant shall provide his own lock for the Unit and only one lock shall be placed on the Unit by Occupant.
14. Any insurance which may be carried by Owner or Occupant against loss or damage shall be for the sole benefit of the party carrying such insurance. Owner is not insuring Occupant’s personal property stored in the Unit.
15. In the event any action is instituted to enforce any covenant contained in this Agreement or to recover any rent or charges due or to recover possession of the Unit due to any default or breach of this Agreement by Occupant, Occupant shall pay all reasonable costs and attorneys’ fees incurred by Owner.
16. Rental payments shall be due and payable on the first day of each calendar month in advance. In the event that rent is not received by the 5th day of the month in which the same has become due and payable, such rent payment shall be considered as delinquent, and, in addition to the rent then due, there shall be a late charge of 4% (but not to exceed the amount permitted by applicable law) to reimburse Owner for the cost of bookkeeping and other administrative services for late payments. Failure to pay the rent by the 5th day of the month or to comply with the terms of this Agreement shall be an event of default and constitute a basis for termination of this Agreement by Owner and Owner may
overlock the Unit. When the Unit is overlocked, Occupant will not have access to the Unit. If this Agreement is terminated by Owner for failure of Occupant to pay the monthly rent or to comply with the terms of this Agreement, then and in that event, Owner shall have the right to immediately remove all of the property of Occupant and take all action permitted under applicable law. Owner may enforce its statutory lien by public or private sale of Occupant’s personal property to be conducted in accordance with applicable law.
17. All remedies of Owner hereunder or under applicable law are cumulative and the exercise of one remedy shall not constitute a waiver of any other remedies.
18. Occupant agrees to abide by the rules and regulations from time to time promulgated by Owner and distributed to Occupant or posted by Owner.
19. Occupant agrees that Owner and its authorized representatives may enter the Unit at all reasonable times for the purpose of inspecting the Unit and making any necessary repairs without liability to Occupant.
20. In the event the Unit or the building is damaged or destroyed by fire or other casualty, Owner shall be permitted to terminate this Agreement upon written notice to Occupant.
21. This Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties, provided however, Occupant may not assign this Agreement or give any person the right to use the Unit without the prior written consent of Owner.
22. This Agreement constitutes the entire agreement between the parties and no other representations or agreements not incorporated herein shall be binding upon either party.
23. This Agreement shall be construed in accordance with the laws of the State of New York. Each party irrevocably and unconditionally agrees that it will not commence any action or proceeding of any kind against the other party arising out of this Agreement in any forum other than the courts of the State of New York sitting in Chenango County. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts.
24. This Agreement shall be subject and subordinate to the lien of any mortgage currently placed upon fee title to the premises, and, to any mortgage which may in the future be placed upon fee title to the premises.
25. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
26. All notices shall be in writing and sent to the parties at the addresses provided in this Agreement.
IN WITNESS WHEREOF, Owner and Occupant have executed this Agreement as of the day and year first above written.
