BACK 40 STORAGE
LEASE AGREEMENT
THIS IS A LEGAL CONTRACT: PLEASE READ THE ENTIRE AGREEMENT PRIOR TO SIGNING.
Tenant: [[CUSTOMER_NAME]]
Address: [[CUSTOMER_ADDRESS]]
DL#: [[DRIVERS_LICENSE_NUMBER]]
Telephone: [[CUSTOMER_CELL_PHONE_NUMBER]] Home [[CUSTOMER_PHONE_NUMBER]]
Employer: [[EMPLOYER_NAME]] [[EMPLOYER_PHONE_NUMBER]]
Social Security #: [[SOCIAL_SECURITY_NUMBER]]
Date: [[RENTAL_MOVE_IN_DATE]]
Unit Fee: [[RENT]]
Unit #: [[UNIT]]
Deposit: [[DEPOSIT]]
Unit Size: [[UNIT_SIZE]]
Monthly Rate: [[RENT]]
Term: (1) Month to month (2) A fixed period of [[BILLING_CYCLE]] months
SUMMARY:
All fees are due on the 1st of the month.
A $15.00 fee will be charged if rent is not paid within 5 days from due date.
An additional fee of $15.00 will be charged if rent is not paid within 10 days from due date.
It is the responsibility of Tenant to report any change of address IN WRITING to the Landlord.
Landlord assumes no liability for loss or injury to Tenant’s goods.
Landlord has a lien on goods stored by Tenant for payment of fees due and may sell those goods under Paragraph 6 of this Agreement.
The security deposit shall be forfeited if the Unit is not broom clean when vacated;
DETAILED AGREEMENT:
FEES. Tenant shall pay monthly rent, in the form of fees in advance, on the same day of each month during this Agreement as is reflected at Date above. The fees must be paid by bank account debit, as provided for in the Debit Authorization attached hereto as Exhibit A. The Security Deposit of one month rent must be paid at time of execution of this Agreement and will be refunded when the Unit is vacated only if (1) Tenant has given written notice 10 days prior to the day of which the Unit is to be vacated, (2) the Unit is broom clean when vacated, and (3) Tenant’s fees including all late fees or other charges are paid in full. Any fee paid more than 5 days after it is due will be subject to a late charge of $15.00 and an additional charge of $15.00 may be made for payments made more than 10 days after the due date.
USE OF UNIT. The Unit shall be used for no unlawful purpose and shall be kept in good condition. Only the Tenant’s property may be placed in the Unit. Tenant may, from time to time during this Agreement, place in the Unit personal and commercial properties, but the Landlord is under no duty to maintain records of contents so placed. The storage of inherently dangerous material is prohibited, as is storage of any item which might be in violation of any order or requirement imposed by the Board of Health, sanitary or Police Department of any other governmental agency. Tenant shall not create any nuisance in or about the premises during the term of this Agreement or renewals or extensions hereof. All property stored in the Unit shall be stored at Tenant’s sole risk. Tenant may not alter, change or decorate the Unit, nor may Tenant attach anything to the walls, doors or ceiling, or put up any signs, numbers or insignia on the Unit or doors thereto.
LANDLORD’S RIGHT TO ENTER UNIT. Tenant agrees that the Landlord or the Landlord’s representative shall have the right without written notice to enter and upon the Unit for purposes of examining the same for Lease violations and to make repair and alterations. Landlord reserves the right to remove Unit contents to another Unit.
PERSONAL INJURY OR PROPERTY DAMAGE. Tenant must obtain any insurance covering any loss that Tenant may have in a unit or on the property premises that Tenant may desire at its extra expense. Landlord strongly recommends that Tenant procure his own insurance to protect himself and his property against all perils. Landlord is not liable to Tenant or to any other person on the premises for loss or damage to Tenant, its employees, agents or quests, for the personal property of Tenant or such other person, caused by any acts of negligence or emission whatsoever, or due to any party of the premises having been improperly constructed, repaired or maintained. Tenant agrees to indemnify and hold Landlord harmless from any loss, expenses or claim arising from damage and to pay all costs suffered by Landlord, including attorney’s fees, arising from the Tenant’s use or occupancy of the Unit or the premises. Landlord shall not be liable to Tenant for any loss or damage that may be occasioned by or through the acts or omission of other Tenants of the premises or of any other person whatsoever.
DEFAULT. If the Tenant fails to pay any fee when due, or if Tenant violates any other term of this Lease Agreement, Landlord has the immediate right to terminate this Lease Agreement, to take exclusive possession of the property in the Unit, excluding Tenant therefrom, to retain that property and retain the proceeds. Landlord may exercise any or all of these rights, but a failure by Landlord to enforce one or more of these remedies shall not be deemed or construed to constitute a waiver of Tenant’s default or any other violation or breach of the terms, provisions and covenants in this Agreement.
LANDLORD’S LIEN. SEE DESCRIPTION OF STATUTES ATTACHED AS EXHIBIT B GIVING THE LANDLORD A RIGHT TO A LIEN ON YOUR PROPERTY STORED UNDER THIS LEASE.
TERMINATION. Landlord may cancel this Agreement during any month by giving Tenant notice of such cancellation at least 10 days before the due date of the rental payment for such month. If Tenant is not in default, Landlord must refund any prepaid or unapplied rental to Tenant. If Tenant fails to vacate the Unit within that 10 day period, Landlord shall have those remedies set forth in Paragraphs 5 and 6 above, including the rights of re-entry, seizure and disposition of goods or property found in the Unit. It shall be assumed that Tenant has abandoned the premises if Tenant fails to pay the monthly fee for 2 successive months. Upon abandonment, the Landlord may re-enter the Unit without the same being considered as acceptance of surrender by Landlord. Landlord may secure the premises with its own lock, and may pursue those remedies set forth in Paragraphs 5, 6 and 7 above.
CLEANING UNIT. Upon vacating the Unit, Tenant agrees to clean the Unit thoroughly or to pay Landlord for the cleaning necessary to restore the Unit to its condition on the date of commencement of this Agreement. This obligation is independent and separate from the security deposit described above, and Tenant may not elect to waive his security deposit in lieu of cleaning the Unit.
INTEREST CREATED. This Agreement shall in no event be construed as a conveyance of an interest in real estate, and Tenant shall have no right to assign this Agreement or sublet the premises without the express prior written consent of Landlord. Landlord is providing Tenant with access to space, not with warehousing services, security or protection for any property in the Unit; the Unit is for self-storage of Tenants own property.
CHANGE OF TERMS AND NOTICE. The terms of this Agreement may change subject to 30 days prior written notice to Tenant. If changed, Tenant may terminate this Agreement on the effective date of the change. If Tenant does not elect to terminate this Agreement, the change shall become effective and apply to this Agreement. Any notice or demand provided for herein shall be given to the party to be served by registered or certified mail, return receipt requested. Notice will be deemed given as of the date of posting to the following address:
To the Landlord at:
To the Tenant at the address shown on page one of this Lease or to such other address as may be given to the other party by written notice.
ENTIRE AGREEMENT. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understanding or written or oral Agreement or representation between the parties respecting the written subject matter. No amendment or alteration of the terms hereof shall be binding unless the same shall be in writing and appear attached hereto as an exhibit. Notices shall be directed to the addresses shown above.
EXCLUSION OF WARRANTIES. The employees, agents and representatives of Landlord are not authorized to make written or oral statements in connection with this transaction. ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Tenant and are not a part of this Agreement. The entire understanding of the parties hereto is embraced in this Agreement, AND NO OTHER WARRANTIES ARE GIVEN BEYOND THOSE SET FORTH IN THIS AGREEMENT. THE PARTIES HERETO AGREE THAT THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED ARE EXCLUDED.
EXHIBIT A
DEBIT AUTHORIZATION
EXHIBIT B
INDIANA STATUTES GIVING THE LANDLORD A RIGHT TO A LIEN ON YOUR PROPERTY STORED UNDER THIS LEASE.
The Indiana statutes provide that the self-storage law does not impair the power of the parties to a rental agreement to create rights, duties, or obligations that do not arise from the statute; and that the rights provided to an owner under that statute are in addition to all other rights provided by law to a creditor against a debtor.
Therefore, in the event of any conflict, the terms of the Lease Agreement shall control.
Under the following Indiana statutes, Owner means the Landlord under the lease; and Renter means the Tenant under the Lease.
OWNER’S LIEN (a) The owner of a self-service storage facility has a lien upon all personal property present in the self-service storage facility for:
(1) rent, labor, or other charges that accrue in connection with the personal property under the rental agreement, including any:
(A) late fee imposed under section 11.5(a) of this chapter; and
(B) rent collection costs or expenses described in section 11.5(b)(1) of this chapter;
(2) expenses necessary for the preservation of the personal property; and
(3) expenses reasonably incurred in the sale or other disposition of the personal property under this chapter, including any lien enforcement costs or expenses described in section 11.5(b)(2) of this chapter.
(b) The lien described in subsection (a) is superior to any other lien or security interest, except for:
(1) a lien or security interest perfected before any sale or other disposition of the personal property; and
(2) any tax lien, as provided by law.
(c) The lien described in subsection (a) attaches on the date on which personal property is placed in a rented space. Every rental agreement must contain a statement in bold type notifying the renter of the existence of the lien and of the method by which the owner may enforce the lien under this chapter.
ENFORCEMENT OF LIEN (a) After a renter has been in default continuously for at least five (5) days, an owner may begin enforcement of the owner's lien under this chapter.
(b) An owner enforcing the owner's lien under this chapter may:
(1) deny the renter access to the self-service storage facility, including access to the rented space; and
(2) move the renter's personal property from the rented space to another storage space pending the redemption, sale, or other disposition of the personal property under this chapter.
(c) An owner enforcing the owner's lien shall send the renter, by electronic mail or verified mail and addressed to the last known address of the renter, a written notice that includes:
(1) an itemized statement of the owner's claim showing the amount due at the time of the notice and the date when the amount became due;
(2) a demand for payment of the amount due before a specified time at least thirty (30) days after the date of the mailing of the notice;
(3) a statement that the contents of the renter's rented space are subject to the owner's lien;
(4) a statement advising the renter that the owner has denied the renter access to the rented space, if the owner has done this under subsection (b);
(5) a statement advising the renter that the owner has removed the renter's personal property from the rented space to another suitable storage space, if the owner has done this under subsection (b);
(6) the name, street address, and telephone number of the owner or of any other person the renter may contact to respond to the notice; and
(7) a conspicuous statement that unless the owner's claim is paid within the time stated under subdivision (2), the personal property:
(A) will:
(i) be advertised to be sold in a manner permitted under section 15 of this chapter; or
(ii) be otherwise disposed of;
at a specified place (if applicable) and time, which must be at least sixty (60) days after the renter's default; or
(B) will be disposed of in the manner described in subsection (d), if:
(i) the renter's personal property stored in the rented space is a motor vehicle, trailer, or watercraft; and
(ii) the owner chooses to dispose of the renter's motor vehicle, trailer, or watercraft in the manner permitted under subsection (d).
(d) If:
(1) the renter's personal property stored in the rented space is a motor vehicle, trailer, or watercraft; and
(2) the renter does not pay the owner's claim within the time specified in subsection (c)(2);
as an alternative to conducting a sale under section 15 of this chapter, the owner may cause the renter's motor vehicle, trailer, or watercraft to be towed or removed from the self-service storage facility.
(e) Any sale or other disposition of the personal property undertaken by the owner to enforce the owner's lien must be conducted in the same manner, and at the same place (if applicable) and time, specified by the owner in the notice given under subsection (c)(7).
RENTER’S RIGHT OF REDEMPTION Before any sale or other disposition of the personal property under this chapter, the renter may redeem the personal property by paying the owner an amount sufficient to satisfy the owner's lien. Upon the payment of this amount, the owner shall immediately return the personal property to the renter. After returning the personal property under this section, the owner has no liability to any person with respect to the personal property.
PUBLIC SALE TO SATISFY LIEN (a) After the expiration of the time stated in the owner's notice under section 12(c)(2) of this chapter, if the personal property has not been otherwise disposed of in a manner described in section 12(c)(7)(A)(ii) or 12(c)(7)(B) of this chapter, an owner enforcing the owner's lien shall prepare for a sale of the personal property under this section.
(b) Except as otherwise permitted under subsection (c), the owner shall cause an advertisement of sale to be published one (1) time before the date of the sale in a newspaper of general circulation in the county in which the self-service storage facility is located. The advertisement must include:
(1) a statement that the personal property stored in the renter's rented space will be sold to satisfy the owner's lien;
(2) the address of the self-service storage facility, the number or other designation (if any) of the space where the personal property is located, and the name of the renter;
(3) the manner of the sale; and
(4) the time and place of the sale, as applicable.
(c) As an alternative to the publication described in subsection (b), the owner may advertise the sale in any other commercially reasonable manner that is likely to attract at least three (3) independent bidders to the sale. An advertisement by an alternative method permitted under this section must include the information required under subsection (b)(1) through (b)(4).
(d) The sale must be held at least ten (10) days after:
(1) the publication under subsection (b); or
(2) the first publication, transmission, or communication of an advertisement under subsection (c);
as applicable. If, after the publication, transmission, or other communication of notice under this section, the sale of the personal property is not consummated, the owner shall notify the renter in writing at the renter's last known address of the other disposition the owner intends for the property.
LOCATION OF SALE -- PURCHASE BY OWNER -- DISPOSITION OF SURPLUS SALE PROCEEDS
(a) Any sale of the personal property under this chapter shall be held:
(1) at the self-service storage facility or, if that facility is not a suitable place for a sale, at the suitable place nearest to where the property is held or stored; or
(2) through a publicly accessible Internet web site.
(b) The owner may buy the personal property at any sale under this chapter.
(c) An owner may satisfy the owner's lien from the proceeds of a sale under this chapter. If the proceeds of a sale under this chapter exceed the amount of the owner's lien, the owner shall hold the balance for delivery, upon demand, to the renter. If the renter does not claim the balance of the proceeds within one (1) year after the sale, the balance shall be treated as unclaimed property under IC 32-34-1.5.