Beam Self
Storage
63 Mullin
Hill Road
Spruce Pine,
NC 28777
828-765-8403
www.beamselfstorage.com
Rental Agreement
Month-to-Month
Tenancy
THIS AGREEMENT, (the
“Agreement”), is made and entered into on ______________,
by and between Beam Self Storage (the “Owner”), and ___________________________________(the “Occupant”), whose last
known address is:______________________________________________________ ___________Space#:_________Phones:____________________________________________Email:______________________________________________Occupant
agrees to accept email. (Occupant) hereby rents from Beam Self Storage (Owner)
those certain premises described as Space #: __________, approximate size__________,
located at above address and hereinafter referred to as “Premises,” on the
following terms and conditions. For the purpose of this agreement, “premises”
also includes outside storage parking spaces for vehicles, including, but not
limited to autos, trucks, trailers, mobile homes, boats, and campers.
1. Terms. Said space is to be occupied and
used for the purposes specified herein and subject to the conditions set forth
beginning on ________________, and
continuing month to month until terminated.
2. Rent.
Occupant shall pay Owner rent in the sum of $________ per month, payable in
advance upon the first day of each and every calendar month at the Owner’s
Address. If the aforementioned beginning date is other than on the first day of
the calendar month, then the rental shall be prorated for the first month from
such beginning date. If the commencement of this rental agreement is between
the 15th day and the last day of the month, occupant agrees to pay
prorated rent of the current month and second month’s rent.
Rental payments received after the close of business
5:00 pm on the 5th day of the month are subject to a late fee of $15
or 15%, whichever is greater. This late charge shall be due and payable immediately
without demand from Owner. Late fees
will not be waived for any reason. No exceptions. If any check is dishonored
for any reason, said late charge shall be due in addition to a return check
charge of $25.00. If any monthly installment is not paid by the 10th
of the month due, or if any check given in payment is dishonored, Occupant
shall be deemed to be in default. If the Occupant is in default hereunder,
Occupant agrees that a padlock may be installed by Owner on the aforementioned
space and gate access denied, and Occupant agrees to pay the overdue rent,
returned check fee, all aforementioned late payment fees, and a $35 lock
removal fee. Occupant agrees and understands that partial payment made to cure
a default for nonpayment of rent will not delay or stop the sale of Occupant’s
property. Partial payments do not waive or avoid the legal effect of prior
notices given to Occupant. Only full payment on Occupant’s account prior to the
published auction date will stop the scheduled sale of property. Any payments
made to stop the foreclosure and sale of the Occupant’s property must be paid
in cash, certified funds or money order. Personal checks will not be accepted.
If Occupant’s property is processed for sale at public auction, Occupant shall
be responsible for a minimum public auction processing fee $35.00. Other fees
charged to Occupant may be contained in Addendums to this Agreement. All
service charges, administrative fees, default notice charges, late charges,
court costs and attorneys’ fees together with all other fees and charges set
forth in this Agreement incurred by Owner in connection with the enforcement of
the Agreement shall be deemed “additional rent” payable by Occupant to Owner as
provided in the Agreement and all such items of “additional rent” shall also be
subject to the imposition of applicable sales tax as set forth in this Agreement.
In the event legal action becomes necessary to enforce the terms of this
agreement, the prevailing party shall be entitled to an award of court costs
and reasonable attorney’s fees.
3. Denial of Access. If rent is not paid
by the 10th of the month, Owner may, without notice, deny the
Occupant access to the property located in the self storage facility. Access
will be denied to any party other than the Occupant who does not retain gate
code and key to lock on Space or has not supplied Owner with written
authorization from the Occupant to enter the Space. Otherwise, only a court
order will be sufficient to permit access by others. 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 inspection of 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.
4. 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. Occupant at the Occupant’s expense shall secure his
own insurance to protect himself and his property against all perils of
whatever nature. Insurance on Occupant’s property is a material condition of
this agreement. Occupant’s failure to carry insurance is a breach of this
Agreement and Occupant assumes all risk of loss, damage or theft to stored
property that would be covered by such insurance. Occupant acknowledges that insurance
is available from independent insurance companies for damage to Occupant’s
property and for liability imposed on Occupant in this Agreement, and Occupant
is not required to purchase the insurance available here. The Occupant agrees
not to subrogate any claim against the Owner in the event of loss or damage of
any kind or from any cause. Occupant is required to maintain insurance on all
property in the Space, in an amount at least equal to the value of such
property.
5. Use and Occupancy and Compliance with Law.
The Space named herein is to be used by the Occupant solely for the purpose of
storing any personal property belonging to the Occupant. The Occupant agrees
not to store any explosives or any highly flammable goods or any other goods in
the space which would cause danger to the space. The Occupant agrees that the
property will not be used for any unlawful purposes and the Occupant agrees not
to commit waste, nor alter, nor affix signs on the space, and to keep the space
in good condition during the term of this agreement. The Space may be used and
occupied only for the storage of personal property in compliance with all
applicable Federal, State and local laws, ruled, ordinances and regulations and
for no other purpose without the prior written consent of Owner. No animals or
perishable or hazardous material (as defined from time to time by local, state
or federal law or regulation), shall be placed in the Space by Occupant without
Owner’s prior written consent. Occupant shall not keep anything within the
Space or use the Space for any purpose that increases insurance premium cost or
invalidates any insurance policy carried on the Space, or for the storage of
any property which shall be in violation of any order or requirement imposed by
any government or governmental agency, or in violation of any legal
requirement; or so any act or cause to be done and any act that creates a
nuisance in or upon or connected with the Space. Vehicles or other fuel-driven
equipment may be stored only if the fuel tanks are empty. Occupant shall not
use the Space for residential purposes and shall have access to the Space and
common areas only during such hours and days as Owner permits.
6. No Bailment Intended. All property
stored or maintained within the Space by Occupant shall be at Occupant’s sole
risk of damage or loss. Occupant acknowledges that no bailment or deposit of
goods for safekeeping is intended or created by this Agreement. Owner exercises
neither care, custody, nor control over Occupant’s stored property. The
Occupant acknowledges that the Owner does not furnish any security for the
Space rented nor does the Owner make any claim or representations concerning
the security of the facility or the Space rented. The owner shall not be
responsible for the theft or mysterious disappearance of the Occupant’s
property or for damage caused thereto by fire, water, freezing, heat, extreme
changes in temperature, humidity, dampness, leakage, rodents, insects, mold,
mildew, lightning, windstorm, hail, snow, flood, explosion, riots or civil
disturbances, collapse of building, actions of other Occupants, loss or failure
of electricity or from any cause whatsoever, except if caused by the willful or
grossly negligent acts of the Owner or its agents or employees. It is agreed by
the Occupant that this provision is bargained for condition of the Agreement
that was used in determining the amount of Monthly Rent to be charged and
without which the Owner would not have entered into this Agreement.
7. Conditions and alterations of Space. Occupant
acknowledges that he/she has examined the Space and hereby accepts it as being
in good order, condition, and repair. Occupant understands that all unit sizes
are approximate and enters into this Agreement without reliance on the
estimated size of the storage space. Occupant shall maintain and return the
Space in the same good condition, reasonable wear and tear expected, as they
were upon the beginning date of this Agreement. Occupant agrees immediately to
notify Owner of any defects or dangerous conditions. Occupant agrees to pay Owner
promptly for any repairs made by Owner to the Space caused by the negligence or
misuse of Occupant, or of Occupant’s agents, invitees, licensees, and guests.
Owner has the right to declare any such costs to repair as “rent” and
non-payment of said costs to entitle Owner to deny Occupant access to the
Space.
8. Limitation of Value. Because the value of the property stored may be
difficult or impossible to ascertain, Occupant agrees that the aggregate value
of all personal property stored does not exceed, nor will be deemed to exceed,
$5,000. Occupant may store property worth substantially less than $5,000 and
nothing contained in this Agreement shall be evidence or admission that the
aggregate value of the property stored is, or is expected to be, at or near
$5,000. It is specifically understood and agreed that Owner need not be
concerned with the kind, quantity, or value of property stored by Occupant
pursuant to this agreement. Occupant acknowledges that the Space are not
suitable for the storage of heirlooms or other precious or irreplaceable
property such as objects for which no immediate market exists and objects that
are claimed to have special or emotional value to Occupant. Occupant waives any
claim for sentimental attachment or for Occupant’s emotional attachment to the
property that is placed in the Space.
9. Right to Enter, Inspect, and Repair Space. Occupant shall grant Owner, Owner’s agents or the
representatives of any governmental authority, including police and fire
officials, access to the Space at all reasonable times without prior notice to
Occupant. Owner, Owner’s agents or the representatives of any governmental
authority shall have the right to immediately remove Occupant’s lock and enter
the Space for the purpose of examining the Space or the contents thereof, or
for the purpose of making repairs or alterations and taking such other action
as may be necessary or appropriate to preserve the Space, or to comply with
applicable law or enforce any of Owner’s rights. Occupant further authorizes
Owner to release any information regarding tenancy as may be required by law or
requested by any governmental authority agency.
10. Rules and Regulations. Any rules and regulations posted in a conspicuous
place on Owner’s property or otherwise make known to the Occupant, including
any additional rules and regulations promulgated by Owner concerning this
tenancy and made known to Occupant by conspicuous posting or otherwise, are
made a part of this Agreement, and Occupant shall comply at all times with such
rules and regulations. Tenants who are current on their rent have permission to
be on the property at their storage unit daily from dawn to dusk. No one is
allowed on the property for any reason from dusk to dawn. If a tenant is on the
property from dusk to dawn it will be considered trespassing. Local law
enforcement monitors the area regularly.
11. Renew-al-Termination. Provided Occupant is not in default hereunder, this
Rental Agreement automatically shall be renewed from month to month, upon the
same terms and conditions, unless either party shall give to the other written
notice of cancellation, at least ten (10) days before the end of the month. Written
notice of termination from Occupant must be given to Owner at the Owner’s
address, which address may be changed by written notice from time to time, and
notice of termination shall be effective upon receipt by Owner or Owner’s
authorization agent. Rent shall be payable by Occupant to Owner during such
notice prior and through the end of the particular month. Owner may terminate
this Agreement immediately due to Occupant’s Breach of the Peace or other
violations of this Agreement. Upon termination of this Agreement, the Occupant
shall remove all personal property from the Space (unless such property is
subject to the Owners’ 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
there from without being deemed guilty in any manner of trespassing or
conversion. All items, including boxes and trash left in the Space or on the
Property after vacation will be deemed to be of no value to the Occupant and
will be discarded by the Owner at the expense of the Occupant.
12. Owner’s Lien. Occupant’s stored property is subject to a self storage owner’s lien,
as provided in section 44A-40 through 44A-46, North Carolina revised statutes,
and occupant’s stored property may even be sold to satisfy such lien as
provided therein. In the event that rent or other charges under this agreement
remain due and owing for five days after such charges arise, occupant will be
denied access to the storage space, and procedures to enforce owner’s lien will
be commenced. The owner may enforce its lien by a public sale or other
disposition of the occupant’s property. Occupant shall be liable for all
reasonable costs and expenses (including attorneys’ fees) incurred by the owner
arising from the sale of occupant’s property or for any eviction proceeding
brought by owner.
13. Owner’s Lien and Security Interest. Upon default by Occupant, in addition to any statutory
Owner’s lien but not in lieu thereof, Owner at all times shall have a valid,
contractual lien for all rentals and other sums of money becoming due hereunder
from Occupant upon all property located in the Space. Occupant hereby grants to
Owner a security interest in all property stored by Occupant in the Space, for
the purposes of this paragraph. Furthermore, in addition to the rights and
remedies granted to Owner hereunder, Owner may enforce all rights granted to it
by the laws of the State without having made an election of remedies.
14. Assignment or Subletting. Occupant shall not sublet or assign all or any portion
of the Space without the prior written consent of Owner. Any such attempt to
sublet or assign shall be void and shall constitute a default on the part of
the Occupant.
15. Electricity.
The Owner, at its option, may provide an electric light in the Occupant’s
storage unit. Such light, if provided, is for illumination only and cannot be
used as electricity source for other purposes. Electricity for purposes other
than illumination may be provided at the Owner’s option and is subject to an
additional charge. Owner in all cases is not liable for damages resulting from
an interruption of power.
16. Vehicles.
Vehicles (including, but not limited to autos, trucks, trailers, mobile homes,
boats, and campers) may not be stored overnight without permission of the
Owner. A charge will be levied for such overnight vehicle storage. Any vehicle
stored will only be allowed in the space allocated and referred to in this
Agreement. Only one vehicle may be stored in each marked space and only
vehicles with a current license and inspection tags will be permitted unless
otherwise agreed to by the Owner. In the event that any motor vehicle remains
stored in the self-storage space after termination of the rental agreement or
upon Occupant’s default, and in addition to all other rights and remedies
available to Owner, 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 of 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.
17. Abandonment.
In the absence of written notice to the Owner to the contrary, if all property
is removed from the Space and/or the Occupant is otherwise in default under the
terms hereof, or if the Occupant has removed his lock from the space, the
Occupant shall be deemed to have abandoned the Space.
18. Attorney’s Fees and Costs. In the event of Occupant’s breach hereunder, and Owner
retains an attorney to represent it in connection with such breach, then
Occupant agrees to pay to Owner all reasonable attorney’s fees incurred by
Owner in connection therewith. If Owner brings legal action in connection
therewith, then Occupant shall pay to Owner all costs, expenses, and reasonable
attorney’s fees in connection therewith.
19. Waiver of Jury Trial. Owner and Occupant waive their respective rights to
trial by jury of any cause of action, claim counterclaim, or cross complaint
brought by either Owner against Occupant, or Occupant against Owner on any
matter arising out of, or in any way connected with this Agreement, Occupant’s
use or occupancy of the Space, or any claim of bodily injury or property damage
or the enforcement of any remedy under any law, statute or regulation.
20. Binding Lease. This Agreement is binding upon the parties hereto and their heirs,
successors, and permitted assigns.
21. Subordination. This lease shall be and is subordinate to the interest of any holder of
any mortgage or deed of trust or any other instrument given by owner to secure
any debt or obligation of Owner, whether now existing or hereafter entered into
and any modifications, replacements, renewals, or extensions thereof and
Occupant agrees to execute any instrument which Owner may request to further
evidence and/or effect such subordination and appoints Owner as its
Attorney-in-Fact to execute any such instrument.
22. Notices from Owner. All notices required by this Agreement 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 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.
23. Notices from Occupant. Occupant represents and warrants that the information
Occupant has supplied in the Agreement is true, accurate and correct and
Occupant understands that Owner is relying on Occupant’s representations.
Occupant agrees to give prompt written notice to Owner of any change in
Occupant’s address, and change in the liens and secured interest on Occupant’s
property in the Space and any removal or addition of property to or out of the
Space. Occupant understands he must personally deliver such notice to Owner,
mail the notice by certified mail, return receipt requested, with postage
prepaid to Manager at the address shown on the Agreement or provide such
information via e-mail sent to the correct e-mail address and verified by
Owner.
24. General Provisions. This Agreement may be changed or amended only by a
written notice signed by the Owner or Owner’s Authorized Agent. The waiver by
the Owner of any provision of this Agreement will not be deemed to be a waiver
of such provision in the future or of any subsequent breach of the same or any
other provision of the Agreement. Interest will accrue on all sums due at the
judgment rate.
25. Severability. In the event that any provision of this Agreement shall be held to be
invalid and unenforceable, it will not affect the validity or enforceability of
the remainder of this Agreement.
26. Changes.
All terms of this Agreement, including but without limitation, monthly rental
rate, conditions of occupancy and other charges, are subject to change by Owner
upon thirty (30) days prior notice to Occupant. If changed, the Occupant may
terminate this Agreement on the effective date of change by giving Owner ten
(10) days prior written notice to terminate after receiving notice of the change.
If the Occupant does not give such notice, the change shall become effective
and apply to his occupancy.
27. Occupant’s Lock. The Occupant must keep the Space locked and must provide his own lock
and key. Double locking is prohibited. The Occupant assumes full responsibility
for all persons who have keys and access to the Space. In the event Occupant
fails to keep such a lock on the Space or Occupant’s lock is broken or damaged,
Owner shall have the right, but not the obligation, to place its lock on the space;
provided, however, that in such event Owner shall have no liability to Occupant
for any loss or damage whatsoever, 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.
28. Personal Injury. 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
storage Space 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.
29. Release of Information. Occupant hereby authorizes Owner to release any
information regarding Occupant and Occupant’s occupancy as may be required by
law or requested by governmental authorities or agencies, law enforcement
agencies or courts.
30. Military Service. If you are in the military service you must provide written notice to
the Owner. The Owner will rely on this information to determine the
applicability of the Service members Civil Relief Act.
31. Financial Information. Owner does not warrant or guarantee that any financial
information (credit card, checking account) will not be stolen or otherwise
compromised. Occupant waives and releases any and all claims or actions against
Owner for damages arising from the use of said information by others.
32. Climate Control. Climate controlled spaces are heated and cooled depending on outside
temperature. These spaces do not provide constant internal temperature or
humidity control. Owner does not warrant or guarantee temperature or humidity
ranges in the space due to changes in outside temperature and humidity.
33. Limited Warranty. This Agreement and its Addendum contain the entire agreement of the
parties and no representation or agreements, oral or otherwise, between the
parties not embodied herein shall be of any force or effect. The agents and
employees of Owner are not authorized to make warranties about the Space and
facility referred to in this Agreement. Owner’s agents and employees’ oral
statements do not constitute warranties, and shall not be relied upon by the
Occupant nor shall any of said statements by considered a part of the
Agreement. The entire Agreement and understanding of the parties hereto is
embodied in this writing and no other warranties are given beyond those set
forth in this Agreement. The parties hereto agree that the implied warranties
of merchantability and fitness for a particular purpose and all other
warranties, express or implied, are excluded from this transaction and shall
not apply to the leased space and facility referred to herein. It is further
understood and agreed that Occupant has been given an opportunity to inspect,
and has inspected this Space and facility, and that Occupant accepts such
leased Space and facility as is and with all faults.
34. Permission to call, fax, email or text. Occupant recognizes Owner and Occupant are entering to
a business relationship as Owner and Occupant. As such, to the extent any
Federal or State law prohibits Owner from contacting Occupant by phone, fax,
email or text, Occupant hereby consents to Owner phoning, faxing, emailing and
texting Occupant with marketing and/or other business-related communications.
35. Entire Agreement. The making, execution and delivery of this Agreement by the Occupant
has not been induced by any representations, statements, warranties or
Agreements other that those expressed herein. This Agreement embodies the
entire understanding of the parties and there are no further or other
agreements or understandings, written or oral, in effect between the parties
relating to the subject matter hereof.
36. Cleaning Premises. Upon vacating the Storage Unit, the Occupant agrees to
clean the Storage Unit thoroughly or to pay the Owner for the cleaning
necessary to restore the Storage Unit to its condition when Occupant’s
possession commenced, natural wear and tear accepted. The fee for cleaning the
storage unit is $25-$500.
37. Storage Practice. Good storage practice suggests you use pallets or other means of
keeping goods away from direct contact with the concrete floor. Store most
valuable goods to the rear of your unit. Cover all goods with plastic or other
material to protect from dust or water. Backing your vehicle into your unit to
load or unload is not permitted. Any damage done to the rental unit while
loading or unloading is the occupant’s responsibility.
38. The “No’s. No
flammable product(s), explosive(s), firearms, acid(s), chemical(s), paint(s),
ammunitions, petroleum products, corrosives, toxic or poisonous substances,
hazardous waste, hazardous substances, or any other materials which are subject
to regulation under any Federal, State, or Local environmental rules or
regulations, contraband or any other items prohibited by law, may be stored on
Premises. If a motor vehicle is stored, its gas tank(s) must be drained and
tightly capped. No food or agriculture products stored in units. No unlawful
goods of any kind stored on Premises. No rags, piled clothing, paper, used
tires, or anything that smells (like fertilizer) stored on Premises. No smoking
on Premises. No living, preparation of meals, etc. on Premises. No sanding or
spray painting on Premises. No hooks, screws, nails, or shelving shall be
driven into the walls of the Premises. No signs on buildings or doors. No
structural changes of the Premises. No loitering – occupants only on/about the
Premises.
I have read, understand and agree with this rental contract agreement in its entirety. I understand and agree to all the terms and conditions set forth above.