Big Walnut Self Storage (“Lessor”) leases to Lessee the described storage unit in reliance on Lessee’s application at the storage facility situated at 610 Kintner Parkway, N. in the City of Sunbury, Ohio 43074.
1. TERMS AND PAYMENT. Lessor agrees to store the Lessee’s property on a month-to-month basis terminable upon ten(10) days written notice prior to Lessee’s vacancy of the leased storage unit(s). (a) First Month Payment - The first payment to be paid upon move-in will be prorated based on the number of days left in that given month. (b) Monthly Payment after “First Month Payment” - The lease payment period is based on complete calendar months. Each entire monthly payment is due on the first day of the month regardless of whether the Lessee moves out during that month. Payments will not be prorated if a Lessee moves out before the end of a month in which the Lessee has rented for at least one day. (c) Payment Remittance - All such payments shall be made to Lessor at the address stated above. Payments must be in Lessor’s possession or verifiable by Lessor through a financial institution by the first day of the rental month. After 5 days of non-payment, a late fee of $20 will be assessed. (d) Insufficient Funds - If payment is made by check that is returned due to non-sufficient funds (NSF), a fee will be assessed. Lessee shall notify Lessor in writing of address or telephone change.
2. USE OF PREMISES. The Premises shall be used and occupied by Lessee’s property, consisting of Lessee’s property exclusively, as a private storage unit, and no part of the Premises shall be used at any time during the term of this Agreement by the Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private storage. Lessee shall comply with any and all laws, ordinances, rules and orders of any and all governmental authorities affecting the use and preservation of the Premises. Lessee shall supply a lock to secure the unit.
3. RIGHT TO ENTER. Lessee grants the Lessor the right to enter the Premises upon three (3) days notice, except in the event of an emergency, the Lessor or governmental authority shall have the right to enter without notice to Lessee and take such actions that may be necessary or appropriate to preserve the Premises, to comply with applicable law or enforce the Lessor’s rights.
4. HAZARDOUS MATERIALS PROHIBITED. Lessee shall not keep on the Premises any item of a dangerous, flammable or explosive character that may unreasonably increase the danger of fire or explosion on the Premises or that may be considered hazardous by any responsible insurance company.
5. OBLIGATIONS OF LESSEE. Lessee agrees to without limiting the generality of the following: (a) Not obstruct the doors, driveways and entry ways; (b) Close unit door before leaving the Premises; (c) Not cause or permit any locks to be placed upon Lessee’s storage unit door in excess of one (1) lock without the prior written consent of Lessor; (d) All trash and garbage or any items shall be taken upon leaving the Premises. No item shall be left in the storage unit or permitted to stand on the exterior of any building or on the driveway at any time or after move-out; (e) Lessee or other person under the Lessee’s control, shall not engage in criminal activity, including drug-related activity on or near the Premises. (f) Lessee or other person under the Lessee’s control shall establish personal or business residence in the storage unit or on the Premises.
6. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly unusable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessee, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The storage unit shall then be accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Premises, Lessee paying rents up to such date and Lessor refunding rents collected beyond such date. Should a portion of the Premises thereby be rendered unusable, the Lessor shall have the option of either repairing such damaged portion or terminating this Agreement. In the event that Lessor exercises its right to repair such unusable portion, the rent shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Lessor as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
7. MOVE-OUT. (a) Condition - Upon move-out Lessee shall surrender the Premises in as good a state and condition as the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. (b) Abandoned Materials - Upon terminating this Agreement, the Lessee shall not abandon any material in the storage unit or anywhere on the property. The Lessee will be charged a minimum of $100 if any items/trash are left inside after move out or outside at any time.
8. INDEMNIFICATION. Lessor shall not be liable for any damage, theft or injury of or to the Lessee’s property, the Lessee, Lessee’s guests, invitees, or to any person entering the Premises or the building of which the Premises or in the structure or equipment of the structure of which the Premises are a part, and Lessee hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature.
9. DEFAULT. Storage units for which rent is thirty (30) days overdue shall be deemed in default. Lessee pledges stored property as security in the event of default. If Lessee fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Lessor, or materially fails to comply with any duties imposed on Lessee by statute, Lessee will be in default. Upon default Lessor shall evict the Lessee and enforce its security interest.
10. ABANDONMENT. If at any time during the term of this Agreement, the Lessee abandons the Premises or any part thereof, Lessor may, at Lessor's option, obtain possession of the property stored in the manner provided by law, and without becoming liable to Lessee for damages or for any payment of any kind whatever. Lessor may, at Lessor's discretion, as agent for Lessee, re-let the storage unit, for the unexpired term, and may receive and collect all rent payable by virtue of such re-letting, and, at Lessor's option, hold Lessee liable for any rent that would have been payable under this Agreement during the balance of the Lessee’s unexpired term. If the Lessor's right of entry is exercised following abandonment of the Premises by Lessee, then Lessor shall consider any personal property belonging to the Lessee and left on the Premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and Lessor is hereby relieved of all liability for doing so.
11. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Ohio.
12. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
13. BINDING EFFECT. The obligations and conditions described herein shall be binding on and to the benefit of the legal representatives and agents of both parties.
14. NON-WAIVER. Failure of the Lessor to enforce any of the provisions of this contract shall not constitute a waiver of such provisions.
I have read and agree to comply with the terms of this contract.
I hereby pledge the contents of the above numbered storage space to Lessor as collateral security in the event of default, and after Lessor has provided written notice to the Lessee, the Lessee authorizes Lessor to sell the pledged property and to apply the proceeds to pay all sums due, with the balance, if any, to be returned to the Lessee.
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