Tenant Lease Agreement Terms
Current Terms & Conditions – Last Updated 4/12/2024
FEES (plus applicable taxes)
Late Charges: Greater of 20% of Your Monthly Rent or $20
Lien Sale Processing Fee: $75.00
Administration Fee (one-time): $24.00
Online Listing Fee: $25.00
Lock Cut Fee: $20.00
Returned Check / NSF Fee: $40.00
Unreturned Lock Fee: $25.00
Tenant Understands that per Section 9 of this Lease Agreement, Tenant may only store personal property in the Space. Items such as food, perishables, toxic or illegal substances, flammable or hazardous materials, firearms, and ammunition are strictly prohibited.
AUTOPAY ELECTION*: YES / NO
*If you elect AutoPay, the card you agree to use and provided to Personal Mini Storage (listed below) will be charged a recurring amount of $________ (plus any rental rate adjustments) each month for a period of Lease Term.
Credit Card #: __________________
Expiration Date: __________________
TENANT INSURANCE ELECTION**: YES / NO
**See the Tenant Insurance Enrollment Form for details and coverage if you elect to enroll in the Tenant Insurance Program.
Tenant’s Initials: _________
MILITARY SERVICE
Are you or your spouse a member of the uniformed services as that term is defined in 10 U.S.C. s. 101(a)(5)?
YES / NO
If YES, Military Information Addendum is required.
LIENHOLDERS
Tenant must disclose to Owner any lienholders with any interest in property that is or will be stored in the self-storage facility.
Is there a lien on any of the items to be stored?
YES / NO
If Yes, list any lienholders, including address and telephone number:
Read this entire Agreement before signing. By signing you agree to the terms and conditions herein!
Pursuant to the terms and conditions of this Rental Agreement (hereinafter the “Agreement”), Personal Mini Storage (hereinafter “Owner”) rents to the Tenant named above (“hereinafter the “Tenant”) the storage space(s) shown above (hereinafter referred to as “Space”), located at the above self-storage facility (hereinafter referred to as “Premises”). In consideration of the covenant, conditions, and agreements hereinafter contained, to be kept and performed by Tenant, Owner does hereby lease to Tenant the Space as follows:
1. RECEIPT – Owner acknowledges receipt of the Total Move in Cost stated above, which prepays rent and tax until the date shown above.
2. TERM – This Agreement is for a minimum of one month and shall automatically renew at the end of the month, and each month thereafter, on a month-to-month basis until terminated by either party as provided for herein. There will be no refund of rent even if Tenant does not put property in the Space. Owner is not providing any services to Tenant pursuant to this Agreement other than renting the Space to the Tenant.
3. RENT – Tenant shall prepay the rental rate in the amount shown above plus state sales tax, without notice or demand, on or before the first day of each monthly anniversary date (“Due Date”) at the address of the Premises. Rent payment shall be delinquent if not paid on the monthly Due Date. Owner reserves the right to require that rent and other charges be paid in cash, certified check or money order. Owner is not obligated to accept personal checks for payment for any reason whatsoever. Owner will not accept a personal check for payment unless it is printed with the check writer’s name, address and phone number. The Tenant must also provide a social security number and show a driver’s license or other identification acceptable to Owner. Any payments made to stop the foreclosure and sale of Tenant’s property must be paid by cash, certified funds or money order; no other payment will be accepted. Owner may change the rent or any other charge or fee by giving Tenant thirty (30) days’ advance written notice at the address stated in this Agreement. The new rent shall become effective on the first day of the next month the rent is due. If Tenant has made advance payments, the new rental rate will be effective on the first day of the first month following the exhaustion of all of Tenant’s advance payments. Failure to pay Rent and other fees charged to Tenant’s account will subject the Tenant’s property to lien sale proceedings pursuant to applicable state law. In the event of over-lock by the Owner and/ or other action due to non-payment of rent or other charges by the Tenant, it is expressly agreed that rent shall continue to accrue until all delinquent rents and other charges are paid and the Space is vacated and available for re-leasing. Rent shall be considered completely earned by the Owner when it is paid; no portion shall be prorated or returned to the Tenant for any reason. 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 this Agreement shall be deemed “additional rent” payable by Tenant 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 the Agreement. TENANT AGREES AND UNDERSTANDS THAT ANY PAYMENTS MADE WILL BE APPLIED FIRST TO THE OLDEST UNPAID MONTHLY RENT AND/OR FEES (AS HEREINAFTER DEFINED) DUE AND PAYABLE. NO INVOICES will be provided by Owner.
4. PARTIAL RENT PAYMENTS – Tenant understands and agrees that partial payments made to cure a default for nonpayment of rent will not delay or stop the foreclosure and sale of Tenant’s property. Partial payments do not waive or avoid the legal effect of prior notices given to Tenant. Only full payment on Tenant’s account prior to the published lien sale date will stop the scheduled sale of the property. Tenant understands and agrees that although payments on-line are permitted, if rent becomes more than 37 days past due, on-line payments will not be accepted. Accordingly, Tenant cannot stop lien sales via on-line payments.
5. PERFORMANCE DEPOSITS – Tenant may be required to pay a Security Deposit of $<Tenant.SecDeposit> which shall secure Tenant’s performance of all terms of this Agreement. Tenant agrees that Owner need not segregate the Security Deposit from other funds and that no interest will be due Tenant for the period during which the Security Deposit is held. The Security Deposit shall be returned to the Tenant within thirty (30) days after termination of the Agreement (provided Tenant is not in default), if Tenant gives proper notice as described herein, LESS deductions for any unpaid charges, rent due, damages, charges, expenses, and/or any and all costs incurred by the Owner to repair, clean, and/or restore the Space to its original condition (normal wear and tear excepted) for rental to others. Should such deductions exceed the Security Deposit, Tenant agrees to immediately pay such excess upon demand by Owner. In addition to a security deposit, some facilities charge nonrefundable administration fees.
6. LATE FEE AND OTHER FEES – Tenant shall pay the non-refundable Administration Fee indicated above upon executing this Agreement. Rent paid more than five (5) days late, or rent checks that are dishonored, cause Owner to incur damages which are extremely difficult to measure, and because of this, if the rent payment is not received by closing on the 5th calendar day following the Due Date, Tenant agrees to pay a Late Fee of the greater of 20% of your monthly rent or $20.00 concurrently with the unpaid rent. If Tenant’s property is processed for sale at lien sale, Tenant shall be responsible for a minimum Lien Sale Processing Fee of $75.00 and an Online Listing Fee of $25.00. If Tenant’s lock must be cut for lien sale or for any other reason, Tenant shall be responsible for Lock Cut Fee of $20.00. If Tenant fails to return the lock to Owner upon vacating the Space, Tenant shall be required to pay Owner an Unreturned Lock Fee of $25.00. Tenant also agrees to pay Owner an NSF Fee for any dishonored check, ACH transfer, or credit or debit card payment in the amount of $40.00 and redeem such check from Owner by cash or cashier’s check within three (3) days after notice by Owner. TENANT IS HEREBY ADVISED THAT A dishonored payment may be A CRIMINAL ACT AND OWNER WILL VIGOROUSLY PURSUE ITS RIGHTS AND REMEDIES UNDER THE LAWS OF THE STATE OF FLORIDA.
7. DENIAL OF ACCESS – If rent or other charges are more than five (5) days past due, Owner may deny Tenant access to the property in the Space. Tenant’s right of access shall be restored upon full payment of rent and other charges owed. Owner may also deny vehicle gate access to Tenant if Tenant fails to provide a copy of Tenant’s driver’s license or government issued identification to Owner within 48 hours of executing this Agreement. If Tenant 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 Tenant to all rented Spaces. Access will be denied to any party other than the Tenant who does not retain gate code and key to lock on Space or has failed to supply Owner with written authorization from the Tenant to enter the Space. Otherwise, only a court order will be sufficient to permit access by others. Tenant’s access to the stored property 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 Tenant’s identity, inspecting vehicles that enter the Premises, and controlling Tenant’s access to and on the Premises due to Tenant’s conduct. No bailment or higher level of liability is created if Owner takes any action, including, but not limited to, over-locking the Tenant’s lock, to deny the Tenant access to the Space. If Owner terminates this Agreement as provided for herein, Owner has the right to deny vehicle access entry to the Premises during the termination period and control Tenant’s access on the Premises, including, but not limited to, requiring Tenant to be escorted by Owner’s agents or employees while at the Premises.
8. TERMINATION – Either party may terminate this Agreement by providing the other party with at least fifteen (15) days’ prior written notice. Notwithstanding any other statement, term or condition in this Agreement, if Tenant behaves in an illegal manner or conducts an illegal act anywhere on the Premises, stores illegal substances, hazardous wastes, highly flammable substances, stolen property, or an item that because of its nature may cause harm to a bystander, Owner may terminate this Agreement immediately (including denial of vehicle gate access to the Premises and denial of access to the Space). Owner may immediately terminate this Agreement (including denial of vehicle gate access to the Premises and denial of access to the Space) if Tenant is in breach of this Agreement or in the event that Tenant creates a nuisance or is engaged in disruptive, criminal, unlawful or other Owner-prohibited behavior that threatens the safety of other tenants and/or the preservation of the Premises. Upon termination of this Agreement, Tenant shall remove its lock and all contents from the Space (unless such property is subject to the Owner’s lien rights as referenced herein), and shall deliver possession of the Space to the Owner on the day of termination. Tenant must leave the Space empty, broom clean, unlocked, and restore it to original condition (normal wear and tear excepted). Rent and fees will continue to accrue if Tenant fails to remove personal lock. Tenant is responsible for any damage to the Space. There is no grace period; one day constitutes another month. It is agreed that Owner shall not return to Tenant rent for any paid portion of a rental period that might remain after termination. If Tenant fails to fully remove its property from the Space within the time required, Owner, at its option, may, without further notice or demand, either directly or through legal process, reenter the Tenant’s Space and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. All items, including boxes and trash left in the Space or on the Premises after vacating will be deemed to be of no value to the Tenant and will be discarded by the Owner at the expense of the Tenant.
9. USE OF STORAGE SPACE – Tenant agrees to use the Space only for the storage of property wholly owned by Tenant. Tenant agrees not to store collectibles, heirlooms, jewelry, works of art, or any property having special or sentimental value to Tenant. Tenant waives any claim for sentimental value or for Tenant’s emotional attachment to the property that is stored in the Space or at the Premises. Tenant agrees that the Space will not be used contrary to any law, ordinance, regulation, fire code or health code. Tenant agrees not to store any food items or perishables, create a nuisance, alter the Space, nor affix signs on the Space, and will keep the Space in good condition during the term of this Agreement. Additionally, the Tenant agrees not to store lithium batteries in non-air-conditioned units, as excessive heat could impact the integrity of the batteries and pose a fire hazard. In the event that perishable goods, hazardous substances, or toxic materials are found in the Space, Owner has the right to dispose of such items without any notice to Tenant. There shall be NO HABITABLE OCCUPANCY of the Space by humans or pets of any kind and violation of these prohibitions shall be grounds for immediate TERMINATION of this Agreement. Tenant shall not loiter at the Premises, spend excessive or unnecessary time in or around the Space, or interfere with the use of the Premises by other tenants. Any access to the Premises outside of access hours is considered trespassing. Tenant agrees not to conduct any business out of the Space and further agrees that the Space is not to be used for any type of workshop, for any type of repairs, or for any sales, renovations, decoration, painting, or other contracting. The Tenant will indemnify and hold the Owner harmless from and against any and all manner of claims for damages or lost property or personal injury and costs, including attorneys’ fees arising from the Tenant’s lease of the Space and use of the Premises or from any activity, work or thing done, permitted or suffered by the Tenant in the Space or on or about the Premises. The use of electricity in the Space is strictly prohibited unless agreed to in writing by Owner. Tenant (including guests or invitees) may not use or occupy the Space in any manner that would be a violation of any applicable law, regardless of whether such use or occupancy is lawful under any conflicting law, including without limitation any law relating to the use, sale, possession, cultivation, manufacture, distribution or marketing of any controlled substances or other contraband (whether for commercial, medical or personal purposes) or any law relating to the medicinal use or distribution of marijuana. Violation of any use provision in this paragraph shall be grounds for immediate termination of this Agreement.
10. HAZARDOUS OR TOXIC MATERIALS PROHIBITED – Tenant is strictly prohibited from storing or using materials in the Space or on the Premises classified as hazardous or toxic under any local, state or federal law or regulation, and from engaging in any activity which produces such materials. Tenant’s obligation of indemnity as set forth below specifically includes any cost, expenses, fines or penalties imposed against the Owner, arising out of the storage or use of any hazardous or toxic material by Tenant, Tenant’s agents, employees, invitees or guests. Owner may enter the Space at any time to remove and dispose of prohibited items at Tenant’s expense.
11. LIMITATION ON VALUE OF STORED PROPERTY – Because the value of personal property may be difficult or impossible to ascertain, Tenant agrees not to store property with a total aggregate value in excess of $5,000 without the written permission of the Owner. If such written permission is not obtained, the value of Tenant’s property shall be deemed not to exceed $5,000 and may be worth substantially less than $5,000. Tenant understands and agrees that the maximum value for any claim or suit by Tenant, including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage space, is $5,000. Nothing herein shall constitute any agreement or admission by Owner that Tenant’s stored property has any value, nor shall anything alter the release of Owner’s liability set forth herein.
12. RELEASE OF LIABILITY FOR PROPERTY DAMAGE – Owner is not engaged in the business of storing goods for hire and no bailment is created under this agreement. Owner exercises neither care, custody nor control over Tenant’s stored property. All personal property stored within or upon the Space or the Premises by Tenant shall be at Tenant’s sole risk. Owner, Owner’s agents and employees shall not be liable for any loss of or damage to any personal property in the Space or on the Premises due to any cause whatsoever including, but not limited to, burglary, mysterious disappearance, vandalism, fire, water damage, flood, hurricanes, rain, tornadoes, explosions, rodents, insects, mold, mildew, malfunction of utilities, alarm or sprinkler systems, acts of God, the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees. It is agreed by the Tenant that this provision is a bargained for condition of this 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.
13. RELEASE OF LIABILITY FOR BODILY INJURY – Owner, Owner’s agents and employees shall not be liable to Tenant or Tenant’s agents for injury or death as a result of Tenant’s use of the Space or the Premises, even if such injury is caused by the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees.
14. INSURANCE – ANY INSURANCE PROTECTING THE PERSONAL PROPERTY STORED WITHIN THE SPACE AGAINST FIRE, THEFT, OR DAMAGE MUST BE PROVIDED BY THE TENANT. THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE TENANT’S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE TENANT’S RESPONSIBILITY TO OBTAIN SUCH INSURANCE. Tenant, at Tenant’s expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for 100% of the actual cash value of the stored property. Insurance on Tenant’s property is a material condition of this Agreement and is for the benefit of both Tenant and Owner. Failure to carry the required insurance is a breach of this Agreement and Tenant assumes all risk of loss to stored property that would be covered by such insurance. Tenant hereby releases Owner and Owner’s agents and employees from any and all claims for damage or loss to stored property that are caused by or result from perils that are, or would be, covered under the required insurance policy and hereby waives any and all rights of recovery against Owner and Owner’s agents and employees in connection with any damage which is or would be covered by any such insurance policy. Tenant expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of Tenant against Owner, Owner’s agents or employees for loss of or damage to stored property.
Tenant shall provide evidence of the required insurance coverage in the form of a certificate of insurance or declaration page of the Insurance Policy. If Tenant does not carry the required insurance coverage or does not provide Owner with an Insurance Policy, then Tenant agrees that Owner may enroll the Tenant in the insurance program made available at the Owner’s Premises, with a minimum amount of coverage. Tenant agrees and understands that the premium for said insurance will automatically be added to the monthly rental charge. Owner offers an insurance program at this Premises that covers Tenant stored property from a licensed insurance company that meets the insurance requirement in this Agreement. Advice concerning the coverage provided is available through the insurance program underwriter whose contact information is provided in program materials. Owner receives fees from the insurance company underwriting the insurance available at this Premises. Note also that certain affiliates of Owner may own a de minimis (less than 4%) interest in (i) the insurance program administrator, Xercor Insurance Services, LLC, and (ii) a reinsurance company that reinsures the risk underwritten by Old Republic Insurance Company under the insurance program. Tenant agrees and understands that participation in the insurance program made available at the Owner’s Premises can be cancelled at any time if Tenant provides evidence of third-party insurance coverage for its stored property.
15. INDEMNITY AND HOLD HARMLESS – In consideration of the Owner’s lease of the Space to the Tenant, Tenant agrees to indemnify, defend and hold harmless the Owner from any and all expenses (including attorney’s fees), demands, claims, actions, causes of actions, and/or lawsuits that are hereinafter brought by others arising out of Tenant’s use of the Space, the Premises and common areas, including claims for Owner’s active or passive negligence.
16. DEFAULT – Time is of the essence in the performance of this Agreement and in payment of each and every installment of rent, sales tax, and/or other charges herein covenanted to be paid. Failure of Tenant to pay rent, sales tax, and/or other charges when due constitutes a default by Tenant and Owner shall be entitled to all rights and remedies provided by law and all rights as set forth in Section 83.801 through 83.809 of the Florida Statutes known as the Self Storage Facility Act. Tenant’s failure to comply with any term or condition of this Agreement and/or the Tenant’s breach of the peace shall also constitute a default hereunder.
17. OWNER’S LIEN – The owner of a self-service storage facility or self-contained storage unit and the owner’s heirs, executors, administrators, successors, and assigns have a lien upon all personal property, whether or not owned by the tenant, located at a self-service storage facility or in a self-contained storage unit for rent, labor charges, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to Fla. Stat. Ann. §§ 83.801-83.809. THE PERSONAL PROPERTY STORED IN THE LEASED SPACE MAY BE SOLD TO SATISFY THE LIEN IF THE TENANT IS IN DEFAULT. OWNER SHALL NOT BE LIABLE TO TENANT OR ANY THIRD PARTY FOR THE REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE OWNER BY THE TENANT THAT THE PROPERTY PLACED IN THE SPACE WAS NOT THAT OF THE TENANT. PRIOR TO PLACING ANY PERSONAL PROPERTY IN THE SPACE WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A PRIOR LIEN IS ATTACHED, THE TENANT IS REQUIRED TO NOTIFY THE OWNER, IN WRITING, OF THE NATURE OF AND IDENTIFY ANY SUCH PROPERTY PLACED IN THE LEASED SPACE AND NAME, ADDRESS, PHONE, AND E-MAIL OF LIEN HOLDER. If a lien is claimed on property that is a motor vehicle or a watercraft and rent and other charges related to the property remain unpaid or unsatisfied for 60 days after the maturity of the obligation to pay the rent and other charges, the facility or unit owner may sell the property pursuant to this section or have the property towed. If a motor vehicle or watercraft is towed, the facility or unit owner is not liable for the motor vehicle or watercraft or any damages to the motor vehicle or watercraft once a wrecker takes possession of the property. At any time before the sale under this section, Tenant may pay the amount necessary to satisfy the lien and redeem Tenant’s personal property. Any payments made to satisfy the lien must be for the full amount owed to Owner and may only be in the form of cash or money order. Owner reserves the right to utilize on-line auction services to manage the sale of Tenant’s property as a result of Tenant’s default and the foreclosure of Owner’s lien. Tenant consents to the use of on-line auction services.
18. LOCKS – Tenant shall provide, at Tenant’s own expense, a lock that Tenant deems sufficient to secure the Space. Owner does not represent the adequacy of any particular lock. Owner may provide a lock to Tenant upon the rental of the Space. No expressed or implied warranties, guarantees, or representations are given by Owner, Owner’s agents or employees as to the use, function, security, reliability, merchantability or fitness of the lock(s) provided the Owner. Owner shall not maintain any key(s) that will open the lock provided to the Tenant. Owner shall not be liable for loss or damage to property stored in the Space resulting from the use, failure, destruction, tampering, cutting, drilling, fault, defect, or malfunction of any lock provided to Tenant by the Owner. No bailment or higher level of liability is created by the providing of a lock from the Owner and the Owner does not take care, custody, or control of the Tenant’s property due to the requirement to purchase a lock from the Owner to the Tenant. If the Space is found unlocked, Owner may, but is not obligated to, take whatever measures Owner deems reasonable to re-secure the Space, with or without notice to Tenant; provided, however, that in such event, Owner shall not have any liability to Tenant for any loss or damage whatsoever, and Tenant 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. If Tenant fails to return the lock to Owner upon vacating the Space, Tenant shall be required to pay Owner an Unreturned Lock Fee of $25.00.
19. WAIVER – No waiver by the Owner, or its agents of any breach or default in the performance of any covenant, condition or term contained herein shall constitute a waiver of any subsequent breach in the performance of the same or any other covenant, condition or term hereof.
20. CHANGE OF TERMS – Any and all of the terms of this Agreement, including a change of the monthly rent, conditions of occupancy and other fees and charges, are subject to change at the option of the Owner by giving Tenant at least thirty (30) days’ advance written notice of the change. If so changed, the Tenant may terminate this Agreement on the effective date of such change by giving the Owner ten (10) days’ prior written notice of termination after receiving notice of the change. If the Tenant does not give such notice of termination, the change shall become effective on the date stated in the Owner’s notice and shall thereafter apply to the occupancy hereunder, whether or not Tenant has agreed to the change in writing.
21. SUBLETTING OR ASSIGNMENT – No subletting of the Space or any portion thereof or assignment of this Agreement may be made by the Tenant without having written permission of the Owner in advance.
22. Notices from Owner – All notices from Owner shall be sent by first class mail postage prepaid to Tenant’s last known address or sent by electronic mail to the electronic mail address provided by the Tenant in this Agreement. Notices shall be deemed delivered 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. If Tenant provides its e-mail address, Tenant consents to the delivery of all notices, including statutory notices, via e-mail. Tenant agrees that any billing statements and all other communications, including rental rate and late fee increases and lien notices may be sent to Tenant via e-mail rather than by U.S. Mail.
23. NOTICES FROM TENANT/CHANGE OF ADDRESS – Tenant represents and warrants that the information Tenant has supplied in this Agreement is true, accurate, and correct and Tenant understands that Owner is relying on Tenant’s representations. Tenant agrees to give written notice to Owner of any change in Tenant’s address, any change in the liens and secured interest on Tenant’s property in the Space, and any removal or addition of property to or out of the Space within ten (10) days of the change. Tenant understands he must personally deliver such notice to Owner or mail the notice by certified mail, return receipt requested, with postage prepaid to Owner at the Premises address set forth above or by e-mail only if e-mail is acknowledged by Owner. It is Tenant’s responsibility to verify that Owner has received and recorded the requested change of address. Tenant’s failure to notify Owner of any change in physical or e-mail address or telephone number or alternate name, address and telephone number shall constitute a waiver by Tenant of any defenses based on failure to receive any notice.
24. EXCLUSION OF ALL WARRANTIES – No expressed or implied warranties, guarantees, or representations are given by Owner, Owner’s agents or employees as to the suitability of the Space for Tenant’s intended use or the nature, condition, safety, or security of the Premises, the Space, and/or the property in the Space. Owner disclaims and Tenant waives any implied warranties of suitability or fitness for a particular use. The agents and employees of Owner are not authorized to make warranties about the Space and facilities referred to in this Agreement. Owner’s agents’ and employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by the Tenant and are not part of this 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. Tenant acknowledges that neither Owner nor Owner’s agents or employees have made any representations or warranties, either express or implied, as to the safety of the Space, the Premises, or property stored in the Space and/or Premises, or otherwise and that neither Owner nor Owner’s agents or employees shall be required to provide any security protection to Tenant or the Tenant’s property stored in the Space and/or at the Premises. Any security which Owner maintains is for Owner’s sole use and convenience and may be discontinued by Owner at any time without liability or notice to Tenant or any other party. There shall be no liability to the Owner, the Owner’s employees or agents in the event alarm, video system, or sprinkler system, or any components thereof, shall fail or malfunction. Any video recording devices are not monitored. The parties hereto agree that the IMPLIED WARRANTIES OR 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 facilities referred to herein. It is further understood and agreed that Tenant has been given an opportunity to inspect, and has inspected the Space leased to Tenant hereunder, and the Tenant accepts such leased Space and Premises AS IS and WITH ALL FAULTS.
25. NO ORAL AGREEMENTS – This Agreement contains the entire agreement between Owner and Tenant, and no oral agreements shall be of any effect whatsoever. Tenant understands and agrees that this Agreement may be modified only in writing.
26. OWNER’S RIGHT TO ENTER – Tenant grants Owner or Owner’s agent access to the Space upon two (2) days’ advance written notice to Tenant. In the event of an emergency or nuisance, Owner, Owner’s agents or representatives of any governmental authority shall have the right to enter the Space without notice to Tenant, and take such action as may be necessary or appropriate to preserve the Space, to comply with applicable law, to enforce Owner’s rights, or for inspections or searches by governmental authorities.
27. ABANDONMENT -This Agreement shall automatically terminate if Tenant abandons Space. Tenant shall have abandoned the Space if Tenant has removed the contents of the Space and/or has removed the Tenant’s lock from the Space and is not current in all obligations hereunder, or when Owner concludes based upon other reasonable considerations, including, but not limited to, an unlocked Space, that Tenant has abandoned Tenant’s property and the Space. Rent paid for a month in which the Tenant moves out early shall not be refunded. Any personal property of Tenant which shall remain in or on the Space or at the Premises after the expiration or termination of the Agreement (other than termination of the Agreement while a default by Tenant exists) shall be considered abandoned at the option of Owner. Abandonment shall allow the Owner to remove all contents of the Space for disposal. Tenant hereby waives and releases any claims or actions against Owner for disposal of personal property resulting from Tenant’s abandonment. Tenant shall be liable for paying all costs incurred by Owner in disposing of such property. Property left in the halls, in the aisles, or otherwise unsecured in a storage space, shall be conclusively deemed to have been abandoned and Owner is hereby authorized to dispose of it, and charge the Tenant a disposal fee.
28. RULES & REGULATIONS – Owner shall have the right to establish or change the hours of operation for the Premises and to promulgate rules and regulations for the operation and good order on the Premises. All rules and changes are effective immediately upon public posting in the Premises’ office, or elsewhere in the Premises, or by written copies made available at the Premises, in the Owner’s sole discretion. Tenant agrees to be bound by the Rules & Regulations as posted by the Owner from time to time. All Rules & Regulations shall be deemed to be part of this Agreement and incorporated herein. Failure to abide by these Rules and Regulations will constitute a breach of this Agreement in the same manner as if contained herein as covenants.
29. WAIVER OF JURY TRIAL – The Owner and the Tenant hereby waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, at law or in equity brought by either the Owner against the Tenant or the Tenant against the Owner arising out of or in any way connected with this Agreement, the Tenant’s use or occupancy of the Space and this Premises or any claim of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation.
30. ARBITRATION – In the event of any claim, dispute or lawsuit by Tenant against Owner (or Owner against Tenant) arising from Tenant’s rental or use of the Space or this Agreement, the claim or lawsuit shall be submitted to binding arbitration upon the request of either party and the service of that request on the other party. The parties agree that the arbitration shall be conducted and heard by a single arbitrator to resolve the claim, dispute or lawsuit. THE ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS AND TENANT AND OWNER AGREE NOT TO ACT AS A CLASS-REPRESENTATIVE OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT. Owner will not request to arbitrate any claim, dispute or lawsuit that Tenant brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, Owner may then choose to arbitrate. The arbitration must be brought within the time set by the applicable statute of limitations or within two years of Tenant vacating the Premises, whichever occurs first. The Federal Arbitration Act (FAA) shall govern this arbitration agreement. The Arbitration shall be conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures for the Self-Storage Industry. The NAM arbitration rules and procedures may be found www.namadr.com. Tenant understands that Tenant is entitled to a judicial adjudication of disputes with the Owner with respect to this Agreement and is waiving that right. The parties are aware of the limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. Owner and Tenant stipulate and agree that they have had sufficient time and opportunity to consider the implications of their decision to arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the consequences of entering into this addendum. IF OWNER CHOOSES ARBITRATION, TENANT SHALL NOT HAVE THE RIGHT TO LITIGATE SUCH CLAIM OR LAWSUIT IN COURT OR TO HAVE A JURY TRIAL. TENANT IS ALSO GIVING UP TENANT’S RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER COLLECTIVE ACTION LAWSUIT OR ARBITRATION.
31. EXCEPTIONS TO ARBITRATION – Both parties retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction. Both parties also retain the right to pursue any eviction, action to enforce a lien, and/or unlawful detainer remedies or defenses in any court. Owner retains the right to conduct a lien sale under applicable state law. However, any other claims, such as claims for violations of self-storage lien laws, derivative claims (including, but not limited to, claims under state or federal consumer protection statutes), conversion, negligence, breach of contract, or other violations of state or federal law, must be brought in arbitration.
32. LIMITATION ON TIME TO BRING SUIT – Tenant understands and agrees that any lawsuit against Owner arising from this Agreement or Tenant’s use or occupancy of the Space or the Premises must be commenced (started) by the filing of a lawsuit within one (1) year after either the claim arose, this Agreement has been terminated, or the Tenant has vacated the Space, whichever is earlier.
33. RELEASE OF INFORMATION – Tenant authorizes Owner to release any information regarding the Tenant and the Tenant’s occupancy as may be required by law or requested by governmental, law enforcement agencies, or courts.
34. CLIMATE CONTROL – Owner may offer either climate controlled, humidity controlled, heated only or cooled only systems (or a combination of the above) at its facilities. Climate controlled spaces are 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. Owner does not warrant or guarantee temperature or humidity ranges in the Space due to changes in outside temperature and humidity. Tenant waives any claim for loss of or damage to stored property from Owner’s failure to regulate the temperature and humidity in the Space from any cause whatsoever, including mold or mildew, even if such damage is caused by the active or passive acts or omissions or negligence of Owner. Systems that are used to provide heating and cooling do not have backup power sources. Under certain circumstances, including, but not limited to, mechanical failure of heating and/or cooling systems, electrical blackouts and acts of God, the Space may not be heated or cooled at all. Tenant shall store their property within the Space solely at their own risk.
35. MOLD/MILDEW– Mold and mildew are naturally occurring substances and it is possible to appear or grow on Tenant’s stored property. Owner does not represent that the Space is humidity controlled and does not warrant or represent that a minimum or maximum humidity will be maintained at any time during the term. Tenant understands that there is a risk of the growth of mold and/or mildew on Tenant’s stored property in any Space. Owner does not warrant the Space to be water-tight or dry. Tenant is solely responsible for preventing mold and/or mildew on Tenant’s stored property in the Space. Tenant hereby releases Owner from any liability for mold and/or mildew on Tenant’s stored property from whatever source and no matter how it occurs. Tenant shall take whatever steps necessary to protect against and prevent mold in their stored property. Tenant understands that any personal property brought into the Space that is damp or wet will likely grow mold and/or mildew. Tenant shall periodically inspect the Space and the personal property stored in the Space and take any and all actions necessary to protect Tenant’s stored property from mold and/or mildew.
36. CONDITION AND ALTERATION OF SPACE – Tenant assumes responsibility for having examined the Space and the Premises and hereby accepts them as being in good order and condition. Tenant understands that all storage space sizes are approximate and enters into this Agreement without reliance on the estimated size of the Space. Should Tenant damage or depreciate the Space and/or the Premises, or make alterations or improvements without the prior consent of the Owner, or require the Owner to incur costs to clean the Space and/or the Premises upon termination, then all costs necessary to restore the Space and/or the Premises to its prior condition shall be borne by Tenant. Owner has the right to declare any such costs to clean the Space and/or the Premises or repair the Space and/or Premises as “rent” and non-payment of said costs will entitle Owner to deny Tenant access to the Space. Tenant agrees that should it cause any damage to the rented Space or the Premises that it will pay the invoice provided by the Owner for the costs to repair said damage within five (5) days of receipt.
37. PERSONAL AND FINANCIAL INFORMATION – Owner does not warrant or guarantee that any personal information (address, phone number, e-mail address, social security number) or financial information (credit card, bank account information) will not be stolen or otherwise compromised. Tenant waives and releases any and all claims or actions against Owner or its respective agents, employees and affiliates for damages arising from the use of said information by others.
38. TENANT’S LIABILITY – In the event of a foreclosure of the Tenant’s interest in the Space, it is understood and agreed that the liability of the Tenant for the rents, charges, costs and expenses provided for in this Agreement shall not be relinquished, diminished or extinguished prior to payment in full. The Owner may use a collection agency thereafter to secure any remaining balance owed by the Tenant after the application of sale proceeds, if any. If any property remains unsold after foreclosure and sale, the Owner may dispose of said property in any manner considered appropriate by the Owner.
39. PERMISSION TO CALL, FAX, E-MAIL OR TEXT – Tenant recognizes Owner and Tenant are entering into a business relationship as Owner and Tenant. Tenant hereby provides its express written consent to Owner (and Owner’s agents, employees, representatives, affiliates and those acting on its behalf) phoning, SMS messaging/texting, faxing, e-mailing, and using social media to communicate with Tenant with marketing, informational, account-related, and/or other business-related communications from and on behalf of Owner, its agents, employees, representatives, affiliates and others acting on its behalf. Tenant provides its express written consent to receiving telephone calls and messages (including SMS messaging/text messaging) from and on behalf of the Owner using prerecorded messages or artificial voice, and calls and messages delivered using automated telephone dialing system or an automatic texting system, to the phone number(s) provided in this Agreement or to any phone number subsequently provided by Tenant to Owner. Tenant also provides its express written consent to receiving autodialed calls and SMS messaging/text messages from and on behalf of the Owner at the phone number(s) provided by Tenant in this Agreement or at any other phone numbers provided by Tenant to Owner. Calls and SMS/text messages from and on behalf of Owner to Tenant may provide alerts regarding offers and promotions from the Owner, the Tenant’s account with Owner, Tenant’s tenancy in the Space, Tenant’s use of the Premises, information about the Space and/or the Premises, and/or the business relationship between Owner and Tenant. Tenant understands that text messaging and data rates may apply to any calls and/or messages received from Owner and that not all carriers are covered. Tenant understands that Tenant’s consent to receive these calls and texts is not required as a condition of entering into this Agreement or in the purchasing of any goods or services from Owner. Tenant also understands that Tenant or Owner may revoke this permission in writing at any time. Tenant agrees not to hold Owner liable for any electronic messaging or data charges or fees generated by this service. Tenant further agrees that in the event Tenant’s phone number(s) change, Tenant shall inform Owner of said change or be liable for any fees or charges incurred. Tenant may opt-out of this messaging by emailing info@personalministorage.com or reply STOP to any SMS/text message received. Tenant certifies and warrants that the phone number(s) provided in this Agreement are that of the Tenant.
40. STORAGE OF MOTOR VEHICLES – Tenant shall not park any vehicle at the Premises (or permit any other party to park any vehicle at the Premises) except in areas designated by Owner and then only during such periods necessary for the performance of and while Tenant is exercising its rights, duties and obligations hereunder. 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 by addendum. 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 Space after termination of this Agreement or upon Tenant’s default for 60 days, 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 or damages caused by such removal, transportation or storage. Tenant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Tenant’s expense after termination of this Agreement or upon Tenant’s default. Owner shall incur no liability to Tenant for causing the vehicle to be removed pursuant to this paragraph.
41. MILITARY SERVICE – If Tenant or Tenant’s Spouse is in the military service, Tenant must provide written notice to the Owner. The Owner will rely on this information to determine the applicability of the Servicemembers Civil Relief Act. If Tenant is a Service Member, and Tenant is transferred or deployed overseas on active duty for a period of 180 days or more, Tenant shall notify the Owner of the transfer or deployment. The Tenant shall provide written evidence of the transfer or deployment with the notice. Upon notice, Tenant is entitled to protections under governing law staying the enforcement of the Owner’s lien.
42. ATTORNEY’S FEES – In the event Owner obtains services of an attorney to recover any sums due under this Agreement, for an unlawful detainer, for the breach of any covenant or conditions of this Agreement or in defense of any demand, claim, or action brought by Tenant, Tenant agrees to pay to Owner the reasonable costs, expenses, and attorney’s fees incurred in such actions.
43. CROSS-COLLATERALIZATION OF SPACES – When Tenant rents more than one Space at this Premises, the rent is secured by the property in all the Spaces rented. Failure by Tenant to pay on any Space shall be considered a default on all Spaces rented. Owner may exercise all available remedies including denial of access to the Premises and sale of the property if all rent on all Spaces is not paid when due.
44. ACCESS TO SPACE AND PREMISES DUE TO EMERGENCIES/WEATHER – Owner reserves the right to deny access to the Space and/or the Premises to all tenants due to federal, state, or local emergencies or due to inclement weather. Owner shall incur no liability to Tenant for the denial of Tenant’s access to the Space and/or Premises due to federal, state, or local emergencies or inclement weather.
45. CONDUCT – Tenant and Tenant’s guests and invitees shall behave, conduct themselves, and communicate with Owner, Owner’s employees and agents, and other Tenants in a professional, businesslike manner while at the Premises. Abusive or harassing language or conduct by Tenant or Tenant’s guests or invitees is a breach of this Agreement. If any provision of this paragraph is violated, Owner shall have the right to immediately terminate this Agreement (including denial of vehicle gate access to the Premises and denial of access to the Space) and to exercise any other remedies provided at law or in equity, including immediate removal of Tenant’s property from the Space and the Premises. If Tenant or Tenant’s guests or invitees are in violation of this paragraph, Owner has the right to control Tenant’s access on the Premises, including, but not limited to, requiring Tenant to be escorted by Owner’s agents or employees while at the Premises.
46. OWNER’S EMPLOYEES – Should any of Owner’s employees perform any services for Tenant at Tenant’s request, such employees 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 indemnify and hold Owner harmless from all costs, expenses or liability in connection with or arising, directly or indirectly, from such services performed by employee of Owner. Notwithstanding that Owner shall not be liable for such occurrences; Tenant agrees to notify Owner immediately upon the occurrence of any injury, damage or loss suffered by the Tenant or other persons on or within the Premises.
47. SEVERABILITY CLAUSE – If any part of this Agreement is declared invalid or unenforceable, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid or unenforceable portion thereof eliminated. It is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid or unenforceable.
48. SUCCESSION – All of the provisions of this Agreement shall apply to, bind, and be obligatory upon the heirs, assigns, executors, administrators, representatives and successors of the parties hereto.
49. ENTIRE AGREEMENT CLAUSE – This Agreement constitutes the sole and only agreement of the parties hereto, and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. No amendment or alteration of the terms hereof shall be binding unless the same be in writing.
50. HEADINGS – The headings of the various provisions of this Agreement have been included only for the convenience of the parties and are not to be used in construing this Agreement nor in ascertaining the intentions of the parties.
51. GOVERNING LAW – This Agreement and any actions between the parties shall be interpreted by and governed by the laws of the STATE OF FLORIDA.
52. ELECTRONIC SIGNATURE – Tenant agrees that any reference in this Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect and enforceability as if it was made in a non-electronic form. If not signed with an original signature below and electronic signature is used, Tenant understands and agrees that Tenant is consenting to be legally bound by the terms and conditions of this Agreement as if Tenant signed this Agreement in writing. Tenant agrees that no certification authority or other third-party verification is necessary to validate their e-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of the e- signature or any resulting agreement between Tenant and Owner. Additionally, Tenant certifies that he/she is age 18 or above.
INFORMATION PROVIDED BY TENANT
Tenant certifies that all information provided in this Rental Agreement is true and accurate to the best of his or her knowledge. If Tenant is in the military service Tenant must provide written notice to the Owner. The Owner will rely on this information to determine the applicability of the Military. Tenant must disclose to Owner any lien-holders with any interest in property that is or will be stored in the self-storage facility.
CHANGE OF TERMS & CONDITIONS
Tenant can find the latest terms and lease provisions on our website at https://www.personalministorage.com/leaseagreement/
WARNING: NO SMOKING ON PREMISES DUE TO FIRE REGULATIONS!!
This Agreement releases the Owner from liability for loss of or damage to your stored property. If you have any questions concerning its legal effect, consult your legal advisor. BY SIGNING THIS AGREEMENT, TENANT HEREBY ACKNOWLEDGES AND ACCEPTS ALL THE TERMS AND CONDITIONS EXPRESSED IN THIS AGREEMENT.