MINI-STORAGE RENTAL AGREEMENT
Section 1.
Premises
Tenant desires to rent from Landlord and Landlord agrees to rent to Tenant, self storage space (the "Storage Space") in Landlord's facility as Unit _____, GEORGE'S MINI STORAGE, located at 2610 CA-32, Chico, California 95973.
Section 2.
The term of this Lease shall commence on and continue on a month-to- month basis(The''Term'').Subject to Landlord's right to terminate this Agreement, as herein provided, this Agreement shall automatically be extended for one(1) month on the first day of each month unless one party gives the other party at least thirty (30) days' advance written notice of the party's intention to terminate this agreement, and rent shall be payable until the end of said thirty (30) day period. Upon receiving or giving such notice, Landlord shall apply the ''last month's" rent previously received by landlord to the last month of the term of this Agreement.
Section 3.
The rent on the storage shall be [[RENT]] payable in advance to Landlord, on or before the first of each month, at the address of Landlord stated in this Agreement or at another location Landlord may designate, provided, however, that rent for the period commencing with the execution of this Agreement by Landlord until the first day of the month following the month in which landlord executes this Agreement shall be payable at the time this Agreement is executed by Tenant. Landlord may from time to time increase the rent due hereunder upon thirty (30) days' notice to Tenant. LANDLORD IS NOT REQUIRED TO SEND MONTHLY BILLS TO TENANTS.
Section 4.
Tenant shall use the Storage Space for storage of Tenant's personal items. The storage of flammable, explosive or dangerous materials or illegal drugs is expressly prohibited, with the except of fuel tanks of boats, trailers, or mobile homes stored in outdoor parking spaces'. Tenant shall not door permit any act to be done that will increase the existing rate or cause cancellation of insurance on the Storage facility or will cause a substantial increase in utility services normally supplied to the facility. Tenant shall not store or use on the Storage Space any hazardous substance as that term may be defined by either Federal or California law. Tenant shall comply with all statutes, ordinances, regulations, and other requirements of all governmental entities that pertain to the use of the Storage Space, and with all rules and regulations that are adopted by Landlord for the safety, care,and cleanliness of the Storage Space and the preservation of good order on the Storage Space. These rules and regulations are expressly made a part of this Agreement.
Section 5.
Tenant's property in storage at this facility is subject to a claim of lien in favor of landlord and may be sold to satisfy the Landlord's lien if the rent or other charges due under the terms of this Agreement remain unpaid for fourteen (14) consecutive days. The unit will locked out. The lien mentioned herein and the procedures to sell the property subject to the lien are authorized by Section 21700, et. seq. of the Business & Professions Code of the State of California, and Assembly Bill No. 1108, Chapter 227.
Section 6.
Alterations
Any alteration to the Storage Space without the prior written consent of Landlord shall bea breach of this Agreement and, at the option of Landlord, shall cause a termination of this Lease.
Section 7.
Indemnity
Tenant agrees to indemnify, hold harmless, and defend Landlord from all claims, liability, and demands resulting from injuries to persons or property arising out of any act or omission of Tenant or Tenant's use of the demised premises, including court costs and attorney fees, and Tenant agrees to defend Landlord and pay all costs of said defense in the event that suit is brought against Landlord on any such claim or demand.
Section 8.
Property Value
Tenant agrees not to store property in excess of $ 5,000.00 ,without written permission of Landlord. If such written permission is not obtained, the value of Tenant's property shall be deemed not to exceed $ 5,000.00
Nothing herein shall constitute an agreement or admission that Tenant's property has any value, nor shall anything alter the release of Landlord's liability as set forth below.
Section 9.
Insurance/Responsibility
Other than claims arising out of intentional misconduct on the part of the Landlord, Landlord shall have no responsibility or obligation for any loss or damage to Tenant's property or to any property upon premises, all of which are hereby expressly waived. It is understood and agreed by Tenant that the rental for said space would be greater but for this waiver and Tenant hereby expressly assumes all responsibility for property and to insure the same at Tenant's sole expense. Tenant shall, at Tenant's sole expense, maintain Tenant's own insurance on the property stored on the premises. Landlord shall not be responsible for maintaining the safety of Tenant's property and shall not be responsible for the theft of, damage to, or any other loss of said property.
Section 10.
Each of the following shall be an event of default under this Agreement (each an ''Event of Default''):
a. If Tenant fails to make any payment required by the provisions of this Agreement, when due, or if said payment becomes fourteen (14) days delinquent; your unit will be locked out, prohibiting access.
b. If Tenant fails to perform any of the other covenants, terms, or conditions of this Agreement.
Section 11.
Remedies
Upon the occurrence of an Event of Default under this Agreement by Tenant, Landlord is entitled, at Landlord's option, to the following:
a. to terminate the right of Tenant to use the facility by sending notice of a preliminary lien to Tenant, at the address provided by Tenant herein. Should Tenant fail to pay all delinquent sums then owing to Landlord within fourteen (14) days of said Notice, Landlord may exercise Landlord's right under Section 5 of this Agreement and deny Tenant access to the Unit, enter the Unit and remove and take custody of any property found therein, and upon proper notice to Tenant, sell or dispose of the property to satisfy Landlord's claim of lien and other obligations under this Agreement in accordance with applicable law. Tenant shall be liable for all attorney's fees and costs incurred in connection with the enforcement of this lien. Landlord shall thereupon take exclusive possession of the Storage Space;
b. to recover from Tenant the damages described in California Civil Code' 1951.2(a)(l), 1951.2(a)(2), 1951.2(a)(3), and , 1951.2(a)(4), the provisions of which are expressly made a part of this Agreement;
c. to restore the Storage Space to the same condition as received by Tenant, or to alter the Storage Space to make it suitable for reletting, all at Tenant's expense; and
d. to enforce by suit or otherwise all obligations of Tenant under this Agreement and to recover from Tenant all remedies now or later allowed by law.
Any act that Landlord is entitled to do in exercise of Landlord's rights upon an Event of Default may be done at a time and in a manner deemed reasonable by Landlord in Landlord's sole discretion, and Tenant irrevocably authorizes Landlord to act in all things done on Tenant's account.
Section 12.
Maintenance and Repairs
Tenant acknowledges that the Storage Space is in good and safe condition. Tenant promises to surrender the Storage Space at termination of this Lease in the same condition as received, except for normal wear and tear and except for changes authorized by Landlord. Tenant agrees to make no repairs at the expense of Landlord. Initial: ___________
Section 13.
Landlord reserves the right to enter the Storage Space at reasonable times for the purpose of inspecting the use thereof being made by Tenant and to carry out any building management or business purpose in or about the Building, without any abatement of rent.
Section 14.
Severability
The invalidity of any portion of this Lease shall not affect the remainder, and any invalid portion shall be deemed rewritten to make it valid so as to carry out as near as possible the expressed intention of the parties.
Section 15.
Assignment or Subletting
Any assignment or subletting of any portion of the Storage Space, whether by operation of law or otherwise, without prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion, is void and shall be a breach of this Lease, and at the option of landlord, shall terminate this Agreement.
Section 16.
Tenant shall not place or permit to be placed in, upon, about, or outside the Storage Space any sign or notice of any kind, without the prior written consent of Landlord which landlord may grant or withhold in its sole discretion.
Section 17.
Holding over
This Lease shall terminate without further notice upon thirty days' prior notice by either party.Any holding over after a termination shall not constitute a renewal or extension, but shall constitute a tenancy at sufferance.
Section 18.
Destruction and condemnation
In the case material damage, casualty or condemnation to the Storage Space, this Agreement may be terminated by written notice of either party. Tenant waives the benefits of Civil Code"1932(2) and 1933(4). In case of a dispute between parties with respect to this Section, the matter shall be settled by arbitration in a manner as the parties may agree on, or if they cannot agree, in accordance with the rules of the American Arbitration Association. In case of a condemnation, Tenant shall not be entitled to share in any portion of the award, and Tenant expressly waives any right or claim to any part of the award.
Section 19.
Landlord's Right to Perform for Tenant
If Tenant fails to perform any obligation under this Agreement, Landlord shall be entitled to make reasonable expenditures to cause proper performance on Tenant's behalf and at Tenant's expense, and Tenant promise to reimburse Landlord for any expenditures within five (5) days after written notice from Landlord requesting reimbursement,and failure to make the reimbursement shall be deemed to be a default the same as a failure to pay an installment of rent when due.All obligations of Tenant to pay money are payable without abatement, deduction, or offset of any kind.
Section 20.
All communications between the parties shall be directed to the address of the parties as herein set forth, or to such other address as Tenant may provide to landlord, in writing, in the event of Tenant's change of address. Notices sent in accordance herewith shall be valid for all purposes and landlord shall not have the obligation of attempting to locate Tenant should Tenant change his address and neglect to notify Landlord of Tenant's new address.
Section 21.
Attorney fees
In any action or proceeding by either party to enforce this Lease or any provision of this Lease, the prevailing party shall be entitled to recover reasonable attorney fees and all other costs incurred.
Section 22.
The titles or headings to paragraphs shall have no effect on interpretation of provisions.
Section 23.
Successors
The provisions of this Lease shall apply to and bind the heirs, successors, and assigns of the parties.
Section 24.
The failure of Landlord to enforce a provision of this Lease shall not be deemed a waiver for any purpose.
Section 25.
Entire Agreement
This Agreement, together with the attached exhibit, if any, shall constitute the entire agreement of the parties, and may be modified only by a writing signed by the parties.
Section 26.
Late, Lien, Auction charges
If rent is not paid within fifteen (5) days after the due date, Tenant agrees to pay a late/service charge of Ten Dollars ($25.00), which shall be added to each monthly rental installment delinquent for more than fifteen (5) days.
Tenant further agrees to pay Twenty Dollars ($25.00) for each failed payment.
Tenant further agrees to pay One Hundred Dollars ($100,00) for each lien notice.
Tenant further agrees to pay One Hundred Fifty Dollars ($150.00) for each auction notice.
Section 27.
Time of the essence
Time is of the essence in the performance of Tenant's obligations under this Lease.
Section 28.
Governing law
This Lease shall be governed by and construed in accordance with California law.
Tenant, by signing this Agreement, acknowledges that Tenant has read this Agreement and understands and agrees to its terms and conditions.
The parties have executed this Lease on the date first written above.