BEST VALUE STORAGE 85 Birchwood Lane Crossville TN Office:
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1 BEST VALUE STORAGE 85 Birchwood Lane Crossville TN Office: STORAGE RENTAL CONTRACT Date Rented: Size: Space: Rental Rate: Deposit: Move In Date?: 1st Month Rent: $ Administrative Fee: $ How Paid: Total Collected: $ Taken By: GPM Lock Removed: Copy of Driver s License: Gate Code: Copy of Soc Sec Card or 2 nd ID: Tenant Names: Present Address: Street Address Apt. City State Zip Code Phone: Home Cell Work Any Other Phone Numbers Driver s License Number: State: Exp: Date of Birth: Social Security Number: Contact Info: General Description of Items to Be Stored: PLEASE PROVIDE INFORMATION FOR AN ALTERNATIVE CONTACT PERSON. THE PERSON SHOULD BE SOMEONE WHO DOES NOT LIVE WITH YOU AND WOULD KNOW HOW TO REACH YOU. Alternate Contact: Present Address: Street Address Apt. City State Zip Code Phone: Home Cell Work Storage Rental Contact Revised 10/20/2014, Page 1 of 5
2 TERMS AND CONDITIONS: Birchwood Properties, Inc. DBA Best Value Storage is the Landlord and hereby leases to the person(s) identified above who is/are signing below Tenant and Tenant hereby takes from landlord that certain selfstorage area/compartment identified above in accordance with the following terms and conditions of this Contract. 1. INTENT. a. It is the express intent of the parties to this contract to create a LANDLORD-TENANT RELATIONSHIP AND NOT A BAILMENT. b. The parties agree and understand that landlord is neither an insurer nor guarantor of the safety of Tenant s property and TENANT PLACES HIS/HER PROPERTY IN/UPON THE SPACE AT HIS/HER OWN RISK. c. Tenant understands that the common areas are accessible to and frequented by the general public, and Tenant is afforded unrestricted access to his/her space. d. Tenant agrees and understands that by placing his/her property in the space is not relinquishing to landlord the exclusive dominion or control over said property and the Landlord has no knowledge of the nature and extent of the property stored in the space. 2. ADMINISTRATIVE FEE, RENT, LATE FEE, ACCELERATED RENT, OVERLOCKS, CREDIT BUREAU REPORTING & PREPAID AMOUNTS. a. A NON-REFUNDABLE administrative fee will be charged Tenant and is due in advance of move in. b. Rent is prorated ONLY UPON MOVE IN and due on the first day of each month. c. Rent is due on the first of the month. i. You will not receive a bill. It is your responsibility to pay promptly. d. A $15.00 LATE FEE will be charged, per space, if rent is not received by 5 p.m. on the 5 th day of each month. i. You will be charged for certified return receipt mailing costs. ii. You will be charged for advertisement costs associated with auction ads. iii. Payments mailed with a postmark of before or by the fifth of the month are not considered late. e. Tenants agree to placement of lessor s lock on the door of said premises when rents are 15 days past due. i. Doors to the space have latches which accommodate two locks and should Tenant place two locks on the door to the space, Landlord may cut one of the tenant s locks in order to overlock the space, if rent is past due 15 or more days. ii. Landlord will not be financially responsible for replacement of Tenant s lock. iii. Landlord will remove overlock by 5 pm the next business day after payment in full tendered by Tenant. iv. Should Tenant wish overlock removed sooner a $10 fee may be charged. f. Landlord may report any unpaid rentals or unpaid damages to the local credit bureau for permanent recordation in Tenant s credit record and Tenant may be held financially responsible for costs associated with collection of any unpaid rentals or unpaid damages owed to Landlord. g. Tenant agrees to pay a $25.00 charge for returned checks. 3. NOTICE TO VACATE MOVE OUT CONDITION. a. To vacate the storage space, Tenant is required to provide Landlord with thirty (30) days advance notice, in written form. i. Should Tenant fail to do so, Tenant may be charged rent for the 30 day period after Tenant vacates the space. b. Tenant is to leave space empty and swept clean. i. Should Tenant fail to do so, Tenant may be charged $20.00 per hour with a ONE HOUR MINIMUM CHARGE for labor to remove items Tenant left in the space and for cleaning of the space and for dumpster fees. c. Landlord may apply prepayments on Tenant s account to any and all amounts owed to Landlord after Tenant vacates the space. d. Rent IS NOT PRO-RATED at move out, therefore Tenant WILL NOT RECEIVE A REFUND OF RENT FOR UNUSED DAYS IF YOU VACATE AFTER THE FIRST OF THE MONTH. i. Tenant should plan to vacate the last day of the month. 4. RENTAL RATE CHANGES. a. Landlord reserves the right to change storage rates with 30 days prior written notice to tenant. 5. LIENS TO SECURE PAYMENT AND PERFORMANCE. a. Tennessee Self-Storage Facility Act, Title 66 Property, Chapter 31, Tenn. Code Ann et seq governs all actions of the parties to the contract. Storage Rental Contact Revised 10/20/2014, Page 2 of 5
3 b. Landlord has a lien against property stored in the space for rent and other charges accrued and accruing under the Contract and for money necessarily expended for the care, preservation, and keeping of the property stored. Landlord also has a lien against the property stored in the space for the expense of sale, including attorney s fees and publication costs, in satisfying a valid lien. The rights of Landlord to such lien are regulated by statute. c. Tenant grants to landlord, to the maximum extent permitted by law, a lien, and Article 9 UCC security interest in ad against all foods, equipment, inventory, and other property, of every kind and description, now or hereafter located in the space, and agrees that in the event of failure on the part of the Tenant to comply with each and every one of the terms and conditions of the Contract, Landlord may take possession of and may sell in the same any manner provided by law and may credit the net proceeds against any amounts due under the terms of the Contract and/or against any judgment obtained in an unlawful detainer proceeding, including costs and reasonable attorney s fees. d. Landlord will give Tenant written notice of intent to enforce any lien or security interest and all other notices required by law, will be sent to Tenant care of Tenant s last known address. Tenant must immediately notify Landlord of Tenant s current mailing address, should tenant move. e. d) Tenant is required by law to disclose to Landlord all lien holders and persons or companies holding security interest in the stored property. Tenant declares there are no liens or security interest in the property stored or to be stored in the space and has above generally described the items to be stored. 6. LANDLORD S LIABILITY: AGREEMENT TO DEFEND. a. As further consideration for the use and occupancy of the space. Tenant does hereby agree to defend Landlord and its owners, employees and agents and to hold them harmless from any attorney s fees, loss, damage, claim or liability, demand actions or causes of actions or causes of action, caused by Tenant, Tenant s guests or invitees, by Landlord, or by Tenant s use of the space or Landlord s other property. b. Tenant agrees that any property stored in the space is done at TENANT S SOLE RISK; AND LANDLORD, LANDLORD S OWNERS, AGENTS, AND EMPLOYEES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE TO SAID PROPERTY FROM ANY CAUSE WHATSOEVER, INCLUDING SALE AND DISPOSITION OF TENANT S PROPERTY DUE TO TENANT S DEFAULT. c. It is agreed by tenant that release is a bargained for condition of the rest set forth herein; that Landlord does not carry insurance to cover losses or damage to Tenant s property from any cause whatsoever. Tenant acknowledges that Landlord does not warrant or represent that property stored in the space will be safe, or secure; nor that the space is secure against hazards caused by water, negligence, theft, vandalism, fire, elements of weather or earth quake or acts of God. d. Tenant acknowledges that landlord does not provide insurance which in any way covers any loss whatsoever that Tenant understand that insurance is available from destruction of property stored in this space. In the event Tenant acquired such insurance, tenant expressly agrees that the carrier of such insurance shall not be subrogated to any claim of Tenant against Landlord, Landlord s owners, agents or employees for any liability whatsoever because it would be impracticable for Landlord to agree with each and every as to the value of the goods being stored. It is agreed that the value of all property stored shall be deemed to be less than $ and, in the event of any liability on the part of the Landlord for Tenant s property, recovery shall be limited to said $ Tenant waives all claims to incidental and exemplary damage related to any such loss. 7. USE OF THE SPACE, COMPLIANCE WITH THE LAW. a. Tenant agrees that he shall not maintain any business, operate any machinery, use the space for human or animal occupancy, or use the space for any commercial, industrial, retail or wholesales sales or promotional efforts, or a manufacturing or distributing facility. The space is intended for the sole and exclusive use of passive storage of property owned of lawfully in the possession of the Tenant. b. Tenant further agrees that he/she shall keep and maintain the space in a clean and sanitary condition and shall not permit the accumulation of rubbish, liquid waste, or refuse and shall not store any live animals therein, and shall, at the termination of the Contract, leave the space in a clean condition. c. STORAGE IN THE SPACE OF WELDING, FLAMMABLE, EXPLOSIVE, CONTRABAND OR OTHER INHERENTLY DANGEROUS MATERIALS, OR HAZARDOUS SUBSTANCES, IS STRICTLY PROHIBITED. d. Tenant has been afforded an opportunity to inspect the space and the common areas of the project are satisfactory for Tenant s purpose, including the safety and security thereof, for which Tenant shall use the space or common areas of the project. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Tenant s identity, and requiring Tenant to sign in and out upon entering and leaving the space. Storage Rental Contact Revised 10/20/2014, Page 3 of 5
4 8. CONDITION AND ALTERATION OF SPACE. a. Tenant has examined the space and hereby accepts it as being in good order, condition and repair. b. Tenant agrees to immediately notify Landlord of any defects, dilapidations or dangerous conditions. Tenant agrees to keep the space in good order and condition and to pay Landlord within 10 days for any damages to the Landlord s property or equipment caused by Tenant, Tenant s invitees, Licensees or Guests. c. Costs of repairs or replacement shall become accrued additional rent. d. Tenant shall make no alterations or improvements of the space without prior written consent of the Landlord. 9. INSPECTION. a. Landlord may enter the space for purpose of inspection without prior notice to Tenant whenever Landlord believes that any hazardous conditions of nuisance has been created, or is occurring in the space, or for repair, maintenance, or inspection. 10. ABANDONMENT. a. The following are considered conclusive proof of default and/or abandonment of the space. i. (a) if rent or other charges are owing and unpaid for thirty (30) days or more; ii. (b) if Tenant removes all or essentially all the property stored in Tenant s space, or iii. (c) the absence of a lock on the space for three (3) consecutive days. iv. In the event abandonment occurs, Tenant agrees the Landlord may enter and inspect the space and exercise one or more of its remedies provided under the Contract and if Tenant has not made satisfactory arrangements to pay the rent and other charges accrued and accruing under this Contract and to pick up the property stored in the space within thirty (30) days of the mailing of such notice. Landlord may dispose of the property by any method, including by gift of the property to a non-profit organization of Landlord s choice, without liability to Tenant and without set-off against the rent and other charges accrued and accruing under this Contract to date the space is re-let. 11. FEES AND COSTS. a. Tenant agrees to reimburse Landlord for all fees and costs incurred by Landlord in enforcing the Contract, including reasonable attorney s fees, certified mailing fees and Tenant agrees to pay for the cost of all repairs and replacement to space and Landlord s other property arising indirectly from Tenant s use of the space. b. Tenant also agrees to pay all fees and costs, including reasonable attorney s fees, incurred by Landlord or its owners, employees or agents, in defending themselves from any claims from which Tenant has agreed to hold such persons harmless. 12. SUBLETTING. a. Tenant shall not sublet or assign all or any portion of the space or Tenant s interest without prior written consent of Landlord. 13. SECURITY OR SPACE. a. Tenant agrees to be solely responsible for providing such locks, or other security devices, as Tenant desired for securing access to the space. b. In the even such locks or security devices are rendered ineffectual for their intended purpose from any cause, or the space is rendered insecure in any matter; Landlord may, at his sole option, re-secure the access to Tenant s space. c. Landlord is not responsible taking any measures whatsoever, nor for notifying Tenant that access to the space under the paragraph shall not alter the limitations upon Landlord s liability set forth in this Contract nor shall such measures be deemed to conversion of Tenant s stored property. 14. FIRE INSURANCE. a. Tenant agrees to do nothing, permit nothing to be done in/on the premises or space, or store anything which will contravene any fire insurance policy or any other insurance policy covering the Landlord s property. 15. WAIVER. a. It is further agreed that no waiver of any breach of any covenant, condition or agreement herein shall operate as a waiver of a future breach of such covenant, condition, or agreement. 16. ASSIGNMENT. Storage Rental Contact Revised 10/20/2014, Page 4 of 5
5 a. Landlord may assign its rights under this Contract. In such event, the assignee shall succeed to all of Landlord s rights with respect thereto. b. The assignee s rights shall be free from all defenses, set-offs, or counterclaims with Lease may be entitled to assert against Landlord. Such assignment shall not relieve Landlord of any of its obligations by the assignee. c. Notwithstanding such assignment, Lessee may claim separately against Landlord as to the matters, which Lessee may be entitled to assert under this lease unless assumed by assignee. d. On receipt of notice such assignment, Landlord, subject to its own rights hereunder (which shall remain unimpaired), shall become the pledge holder of said property for the assignee, and will part with possession thereof only to the assignee or pursuant to the assignee s written order. 17. DEFAULTS, REMEDIES. Tenant is in default under this Contract if: a. Tenant fails to pay rent and/or other charges due under this Contract when due. b. If Tenant is in default in his/her payment or performance consecutively, Landlord may take the following action: i. Landlord may sue Tenant for rent, charges, cost, and expenses accrued and accruing under this contract to date the space is re-let. ii. Landlord may terminate Tenant s right to use the space under this Contract. iii. Landlord may terminate this contract; iv. Landlord may enforce one or more of its lien remedies; and v. Landlord may deny Tenant access to the space. c. Tenant otherwise fails to perform his obligation under this contract in accordance with its express terms and conditions. 18. PENALTIES. a. All fees and cost of repairs, item return fee, cost of lien enforcement, and other administrative cost then due hereunder shall be deducted first from any payments made before such payments are applied to the rent due hereunder. b. I hereby authorize the Owners and or their representatives to randomly inquire as to the status of my credit rating as long as I have an unpaid, outstanding balance due. 19. SNOW REMOVAL. a. Birchwood Properties, Inc., will maintain the road to and around the storage units, but we will not be responsible for keeping each individual unit clean and free of ice and snow. While we will attempt to clean as close as possible to your unit, we will not be able to do hand work. 20. CONTINUING VALIDITY. a. If a court determines that any provisions of this Contract are invalid or unenforceable, the remaining provision of the Contract shall continue in full force and effect. 21. ENTIRE AGREEMENT. a. This Contract contains the entire agreement between all parties hereto. OWNERS REPRESENTATIVE: DATE: Storage Rental Contact Revised 10/20/2014, Page 5 of 5
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