Permission to Communicate. Occupant recognizes Owner and Occupant are entering into a business relationship as Owner and Occupant. As such, Occupant hereby consents to Owner phoning, faxing, e-mailing, texting (including automated calls and texts) and using social media to communicate with Occupant for marketing and/or other business related communications.
ALL PROPERTY STORED UNDER A RENTAL AGREEMENT MAY BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS FIFTEEN-DAY PERIOD WHEN DUE.
This Rental Agreement, (hereinafter referred to as the "Rental Agreement"), is made and entered into as of the date above (the "Rental Agreement Date"), by and between Occupant identified above, the Owner, (hereinafter referred to as the "Owner") as Landlord and the Occupant identified above, (hereinafter referred to as the "Occupant") as Occupant whose last known address is set for the above for the consideration provided for in this Agreement the Occupant agrees to rent from the Owner, and the Owner agrees to let the Occupant use and occupy the storage space listed above (hereinafter referred to as the ''Leased Space'') in the self service storage facility known as Waldron Road Storage, LLC, located at 599 Waldron Rd. La Vergne, in Rutherford County, Tennessee (hereinafter referred to as the "Facility"). "Leased Space" as used in this Rental Agreement means that part of the self service storage facility described above. Such Leased Space shall be occupied only for the purposes specified in this Rental Agreement and at all times subject to the terms and condition, beginning on the Rental Agreement Date listed above and continuing month to month until terminated.
1. Rent. The Occupant agrees to pay the Owner, for the use of the Leased Space and improvements thereon, the Monthly Rent listed above. Monthly installments are payable in advance at the Owner's office on or before the first of the month due, in the amount of the Monthly Rent stated above, and a like amount each month hereafter, until the termination of this Agreement. The Owner acknowledges receipt of the sum set forth above showing payment through the Rent Paid To Date shown above. If any monthly installment is not timely paid or if any check delivered in payment is dishonored, the Occupant shall be deemed to be in default under the terms of this Rental Agreement. The Occupant's failure to perform any of its obligations under the terms and conditions of this Rental Agreement or the Occupant's breach of the peace shall also constitute a default hereunder. If the Occupant defaults, the Owner shall have the option to immediately terminate this Rental Agreement in which case the Occupant's right to occupy the Leased Space will immediately cease, and all rent will become immediately due and payable. In addition, the Owner may, without notice, deny the Occupant access to the Leased Space and personal property stored in the self storage facility. The Occupant agrees and understands that partial payment made to cure a default for nonpayment of rent will not delay or stop foreclosure and sale of Occupant's personal property. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant's account prior to the published auction date will stop a scheduled sale of the personal property.
2. Denial of Access. Upon the failure of an Occupant to pay the rent for the Leased Space when it becomes due, the Owner may, without notice, deny the Occupant access to the personal property located in the self service storage facility or self contained Leased Space and the owner without notice, not less than five (5) days after the date the rent is due, may enter and/or remove the personal property from the leased space to other suitable storage space pending its sale or other disposition. Access will be denied to any party other than the Occupant who does not retain gate code and key to lock on leased Space or has failed to provide Manager with written authorization from the Occupant to enter the Leased 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 inspecting vehicles that enter the premises. Additionally, if Occupant is renting more than one Leased Space at any given time, default on one Leased Space shall constitute default on all rented Leased Spaces, entitling Owner to deny access to Occupant to all Leased Spaces.
3. Fees. As agreed to above.
4. Use of Leased Space; Compliance with Law. The Leased Space named herein shall be used by the Occupant solely for the purposes of storing personal property belonging to the Occupant. The Occupant agrees not to store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the Leased Space or elsewhere on the Facility which would cause danger or nuisance to the Leased Space or any other portion of Facility. The Occupant agrees that the Leased Space and the Facility will not be used for any unlawful purposes or contrary to any law, ordinance, regulation, fire code or health code and the Occupant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Leased Space or anywhere on the Facility, and will keep the Leased Space and the Facility in good condition during the term of this Rental Agreement. The Occupant agrees not to store jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special sentimental or emotional value to the Occupant. The Occupant hereby waives any claim for sentimental value for the Occupant's emotional attachment to any personal property that is stored in the Leased Space or on the Facility. There shall be NO HABITABLE OCCUPANCY of the Leased Space by humans or pets or other animals of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate termination of this Rental Agreement. If hazardous substances are stored, used, generated, or disposed of in the Leased Space or on the Facility, or if the Leased Space or the facility shall become contaminated in any manner for which the Occupant is directly or indirectly responsible, the Occupant shall indemnify and hold the Owner harmless from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums incurred or paid for settlement of any such claims, including any attorney's fees, consultant and expert fees, resulting from or arising out of any contamination by the Occupant, whether incurred during or after the lease term. Occupant agrees not to conduct any business out of the Leased Space and further agrees that the Leased 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 Occupant will indemnify and hold the Owner harmless from and against any and all manner of claims for damages or lost personal property or personal injury and costs, including attorneys' fees arising from the Occupant's lease of the Leased Space on the Facility or from any activity, work or thing done, permitted or suffered by the Occupant in the Leased Space or on or about the Facility. If Occupant needs use of electricity in the Leased Space, Occupant must receive written permission from the Owner and agrees to pay a monthly charge of $ N/A .
5. Condition and Alteration of Leased Space. Occupant assumes responsibility for having examined the Leased Space and hereby accepts it AS IS and being in good order and condition. Should Occupant damage the Leased Space, or make alterations or improvements without the prior consent of the Owner, then all costs necessary to restore the Leased Space to its prior condition shall be borne by Occupant. Occupant understands that all unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the Leased Space.
6. Limitation of Value. The Occupant agrees that in no event shall the total value of all personal property stored be deemed to exceed $5,000.00 unless the Owner has given permission in writing for the occupant to store personal property exceeding such value. The Occupant agrees that the maximum value for any claim or suit by the Occupant including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the personal property of a storage unit is $5,000.00. Nothing in this section shall be deemed to create any liability on the part of the Owner to the Occupant for any loss or damages to the Occupant's personal property regardless of cause.
7. Termination. This Rental Agreement shall continue from month to month unless the Occupant or Owner delivers to the other party a written notice of its intention to terminate the Rental Agreement at least five (5) days prior to the end of the then current rental period. Upon termination of this Rental Agreement, the Occupant shall remove all personal property from the Leased Space (unless such personal property is subject to the Owners' lien rights as referenced herein), and shall deliver possession of the Leased Space to the Owner on the day of termination. If the Occupant fails to fully remove its and remove all personal property from the Leased 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 Leased Space therefrom without being deemed guilty in any manner of trespassing or conversion. All items, including boxes and trash left in the Leased Space or on the facility after vacating will be deemed to be of no value to the Occupant and will be discarded by the Owner at the expense of the Occupant. This Rental Agreement shall automatically terminate if the Occupant abandons the Space. The Occupant shall be deemed to have abandoned the Space if the Occupant has removed the contents of the Leased Space and/or has removed the Occupant's locking device from the Leased Space and is not current in all obligations hereunder.
8. No Bailment. The Owner is not a warehouseman engaged in the business of storing goods for hire, and no bailment is created by this Rental Agreement. The Owner exercises neither care, custody, nor control over the Occupant's stored personal property. All personal property stored within the Leased Space or on the Facility by the Occupant or located at the facility by anyone shall be stored at the Occupant's sole risk and the Occupant must take whatever steps he deems necessary to safeguard such personal property. The Occupant must keep the Leased Space locked and must provide his own lock and key. The Occupant assumes full responsibility for all persons who have keys and access to the Leased Space. The Owner and the Owner's employees and agents shall not be responsible or liable for any loss of or damage to any personal property stored in the Leased Space or on the Facility, or for any personal injury or death occurring to the Occupant, the Occupant's invitees, family, employees or agents resulting from or arising out of the Occupant's use of the Leased Space or the Facility from any cause whatsoever, including but not limited to, theft, mysterious disappearance, vandalism, fire, smoke, water, mold, mildew, flood, hurricanes, rain, tornadoes, explosions, rodents, insects, Acts of God, or the active or passive acts or omissions or negligence of the Owner, the Owner's agents or employees.
9. 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. The Occupant, at the Occupant's expense, shall secure his own insurance to protect himself and his personal property against all perils of whatever nature for the actual cash value of the stored personal property. Insurance on the Occupant's personal property is a material condition of this Rental Agreement. Occupant shall make no claim whatsoever against the Owner's insurance in the event of any loss. The Occupant agrees not to subrogate against the Owner in the event of loss or damage of any kind or from any cause.
10. Owner's Right to Enter. Upon the reasonable request of the Owner, the Occupant shall provide access to the Owner to enter the leased space for the purpose of inspection, repair, alteration, improvement or to supply necessary or agreed services. In case of emergency, the Owner may enter the leased space for any of the above stated purposes without notice to or consent from the Occupant.
For the purpose of this section, "emergency" means any sudden, unexpected occurrence or circumstance which demands immediate action.
11. Owner's Lien Rights.
(a) Pursuant to the Self Service Storage Facility Act in Tennessee Code Annotated Title 66, Chapter 31, THE OWNER OF A SELF- SERVICE STORAGE FACILITY AND HIS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS SHALL HAVE A LIEN UPON ALL PERSONAL PROPERTY LOCATED AT A SELF-SERVICE STORAGE FACILITY FOR RENT, LABOR, 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 THIS ARTICLE. THE LIEN ATTACHES WHEN THE PERSONAL PROPERTY IS BROUGHT TO THE SELF-SERVICE STORAGE FACILITY AND CONTINUES SO LONG AS THE OWNER RETAINS POSSESSION AND UNTIL THE DEFAULT IS CORRECTED, OR A SALE IS CONDUCTED, OR THE PROPERTY IS OTHERWISE DISPOSED OF TO SATISFY THE LIEN. THE LIEN PROVIDED FOR IN THIS SECTION IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST, EXCEPT AS OTHERWISE PROVIDED BY LAW. Owner's lien may be enforced by sending written notice to the Occupant, via hand delivery, by verified mail or by electronic mail to the Occupant's last known address, of the Owner's claim showing the sum due at the time of the notice and the date when the sum became due. Occupant shall have thirty days from the date of the notice to pay the balance due or the personal property shall be advertised for public sale. Before any sale or other disposition of personal property pursuant to this section, the Occupant may pay the amount necessary to satisfy the Owner's lien and the reasonable expenses incurred under the statute and thereby redeem the personal property.
(b) If the personal property upon which the lien is claimed is a vehicle and rent and other charges related to the personal property remain unpaid or unsatisfied sixty (60) days after the maturity of the obligation to pay rent, the facility Owner may have the vehicle towed or may sell the vehicle via public auction. Owner shall not be liable for the vehicle or any damages to the vehicle once the Tower takes possession of the personal property.
(c) The Owner's liability arising from the lien sale is limited to the net proceeds received from the sale of the personal property. (d) The Owner is not liable for identity theft or other harm resulting from the misuse of information contained in a document or electronic storage media (i) that are part of the Occupant's personal property sold or otherwise disposed; and (ii) of which the Owner did not have actual knowledge.
12. Security Agreement. This Rental Agreement shall constitute a security agreement covering the contents of the Leased Space and a security interest shall attach thereto for the benefit of, and is hereby granted to the Owner by the Occupant to secure the payment and performance in case of any default by the Occupant hereunder. All rights of the Owner hereunder or at law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. The Occupant hereby waives and renounces its right to the benefit of any exemptions it may otherwise have under Tennessee law.
13. Occupant's Liability. In the event of a foreclosure of the Occupant's interest in the Leased Space, it is understood and agreed that the liability of the Occupant for the rents, charges, costs and expenses provided for in this Rental 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 Occupant after the application of sale proceeds, if any. If any personal property remains unsold after foreclosure and sale, the Owner may dispose of said personal property in any manner considered appropriate by the Owner.
14. Assignment and Subletting. The Occupant shall not assign this Rental Agreement or sublet the Leased Space.
15. Waiver/Enforceability. In the event any part of this Rental Agreement shall be held invalid or unenforceable, the remaining part of this Rental Agreement shall remain in full force and effect as though any invalid or unenforceable part or parts were not written into this Rental Agreement. No waiver by the Owner of any provision hereof shall be deemed a waiver of any of the provisions hereof or of any subsequent default or breach by the Occupant.
16. Attorneys' Fees. In the event the Owner retains the services of an attorney to recover any sums due under this Rental Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorneys' fees incurred in any such action.
17. Successors in Interest. This Rental Agreement is binding upon the parties hereto, their heirs, successors and assigns. 18. Governing Law. This Rental Agreement and any actions between the parties shall be governed by Tennessee law.
Further, Owner may enter the premises to inspect stored items or goods if Owner has reasonable cause to believe that toxic, hazardous or illegal substances are being stored in the Leased Space.
19. Waiver of Jury Trial. Occupant hereby agrees that any dispute or alleged cause of action by Occupant shall be brought under the rules of the American Arbitration Association and waives the right to trial by jury of my cause of action, claim, counterclaim, or cross complaint, at law or in equity brought by the Occupant against the Owner arising out of or in any way connected with this Rental Agreement, the Occupant's use or occupancy of the Leased Space and this Facility or any claim of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation. Notwithstanding the foregoing, Owner may elect to file suit in any state or federal court located in Davidson or Rutherford County, Tennessee. Venue for all causes of action under this Rental Agreement shall be any state or federal court located in Davidson or Rutherford County, Tennessee.
20. Limited Warranty. This Rental Agreement contains 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 the Owner are not authorized or permitted to make any warranties about the Leased Space, the personal property, or my facilities referred to in this Rental Agreement. The Owner's agents and employees' ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES and shall not be relied upon by the Occupant. The entire agreement and understanding of the parties hereto are embodied in this writing and NO OTHER WARRANTIES are given.
21. Rules. The Occupant agrees to be bound by any Rules and Regulations for the facility as may be posted by the Owner from time to time. All Rules and Regulations shall be deemed to be part of this Rental Agreement.
22. Notices from Owner. All notices from Owner 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 Rental 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 Rental 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, any change in the liens and secured interest on Occupant's personal property in the Leased Space and any removal or addition of personal property to or out of the Lease Space. Occupant 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 address shown on the Rental Agreement or by e-mail only if e-mail is acknowledged by Owner.
24. Changes. All items of this Rental Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Owner upon thirty (30) days prior written notice to the Occupant. If so changed the Occupant may terminate this Rental Agreement on the effective date of such change by giving the Owner five (5) days prior written notice of termination after receiving notice of the change. If the Occupant 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.
25. Climate Controlled Spaces (As Applicable). The climate controlled spaces are heated or cooled depending on outside temperature. The climate controlled spaces do not provide constant internal temperature or humidity control and Owner does not guarantee that temperature and humidity will not fluctuate. Occupant releases Owner from liability for damage to stored personal property from fluctuations in temperature or humidity from any cause including the negligence of Owner or Owner's agents or employees.
26. Release Of Owner's Liability For Bodily Injury. Owner and Owner's agents and employees shall not be liable to Occupant or Occupant's agents for injury or death as a result of Occupant's use of the Leased Space or the self storage Facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Owner and Owner's agents and employees.
27. 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.
28. 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.
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. Occupant's Lock. Occupant shall provide at Occupant's own expense no more than one lock for the LeasedSpace which Occupant, in Occupant's sole discretion, deems sufficient to secure the Leased Space. The Leased Space shall be immediately locked by Occupant, and Occupant assumes liability and responsibility for any contents in the Space, upon execution of this Agreement. Occupant shall not provide Owner or Owner's agents with a key and/or combination to Occupant's lock. If a lock is not placed on the Leased Space by Occupant, or if the Space is found without a lock, Owner has the right but not the obligation to place a new lock on the Leased Space to secure the unit without creating a bailment. Occupant agrees to reimburse Owner for the cost of the new lock.
31. Permission to Communicate. Occupant recognizes Owner and Occupant are entering to a business relationship as Owner and Occupant. As such, Occupant hereby consents to Owner phoning, faxing, e-mailing and texting Occupant with marketing and/or other business related communications.
32. Notice to Occupant. Do not sign this Rental Agreement before you read it and fully understand the covenants contained herein. By signing this Rental Agreement the Occupant hereby acknowledges that he has read, understands and accepts all the terms and conditions expressed in this Rental Agreement.
33. Severability. In the event that a court of competent jurisdiction finds any term or clause in this Agreement to be invalid,
unenforceable, or illegal, the same will not have an impact on other terms or clauses in the Agreement or the entire Agreement. However, such a term or clause may be revised to the extent required according to the opinion of the court to render the Agreement enforceable or valid, and the rights and responsibilities of the parties shall be interpreted and enforced accordingly, so as to preserve their agreement and intent to the fullest possible extent.
