STORAGE UNIT LEASE AGREEMENT TERMS AND CONDITIONS
1. LANDLORD INFORMATION.
a. Landlord Name: 4WS Storage, Inc.
b. Landlord’s notice address: 5353 Airport Hwy. 21 Maxwell, TX 78656
The lease shall commence begin on the agreed upon date (unless sooner terminated pursuant to any provision herein) (“Term”). Landlord agrees to rent to Tenant the storage space selected by Tenant. The beginning date of Tenant’s right of occupancy may be different than the commencement date under these terms and conditions.
3. HOLDOVER RENEWAL.
If Tenant remains in possession of the Premises, or any part thereof, after the expiration of the Term, such occupancy shall be a tenancy from Month-to-Month until terminated by either party giving a full month’s written notice to the other party. Any Month-to-Month tenancy shall be subject to all the provisions of this Agreement. Any increase in rent by Landlord shall be provided to Tenant with thirty (30) days notice. If Tenant does not assent in writing to such rent increase, but remains in the Premises after such 30-day notice, Tenant’s acceptance of such increase shall be applied.
4. LEASED PREMISES.
Landlord agrees to lease Tenant storage unit(s) or space number(s) as agreed upon (“Premises”) during the Term.
Tenant agrees to pay Landlord the prescribed rent per month, plus applicable sales tax, throughout the Term for the use of the Premises (“Rent”). The first month Rent shall be payable in advance. Thereafter, Rent shall be due and payable in advance on or before the first (1 st ) day or the fifteenth (15 th ) of each calendar month (“Due Date”). Rent for any period during the Term which is for less than one month shall be a pro-rata portion of the monthly installment. Rent shall be payable to Landlord at Landlord’s address or at such other place or manner as Landlord may designate in writing from time to time. Payment of Rent shall be made in whatever manner the Landlord ascribes and may change the mode of payment of Rent at any time. It will be the Tenant’s responsibility to get a receipt of payment if Tenant wishes to have one.
a. LATE RENT.
In the event Landlord doesn’t receive the Rent within five (5) days of the chosen Due Date, Tenant’s Rent is delinquent, Tenant is in default of the lease agreement, and Tenant agrees to pay Landlord a $25.00 late charge. In the event of a dishonored or returned check, Tenant agrees to pay Landlord a $25.00 service charge. Returned checks could also trigger late fee penalties. All funds received shall be applied to dishonored check charges, late charges, damage charges, delinquent rent, and then current rent regardless of Tenant’s instructions, whether oral or written. If Tenant fails to pay any amounts due under the lease these terms, Landlord may seek collection of any owed funds through a collection agency or through legal action.
6. SECURITY DEPOSIT.
Upon execution of this Agreement, Tenant shall pay Landlord a deposit of security for Tenant’s fulfillment of the this agreement and terms. The deposit will be held by
Landlord in trust for the Tenant and shall be refunded to Tenant without interest, within 30 days after Tenant vacates the Premises, if:
a. Tenant gave Landlord 30 days advance written notice of his intent to vacate;
b. Tenant vacated the Premises on or after the expiration of the Term;
c. All Rent and other monies due Landlord by Tenant have been paid;
d. The Premises is clean, not damaged and is left in its original condition, normal wear and tear excepted;
e. Tenant removed all his personal property and trash from the Premises;
f. No Landlord-owned equipment, appliances or furnishings have been removed from the Premises;
g. Landlord is in receipt of a copy of paid final bills on all utilities, if applicable;
h. Key(s) and remote control unit(s) have been returned to Landlord, if applicable; Deductions will be made for cleaning, repair of damage, replacement of any missing items, unpaid Rent and other amounts due. Should the total deductions authorized exceed the amount of the security deposit, Tenant agrees to pay Landlord the amount of such deficiency within ten (10) days of receipt of an itemized invoice.
7. USE OF PREMISES.
Tenant shall have access to the Premises for the purpose of storing and removing personal property twenty-four (24) hours a day, seven (7) days a week, but Tenant shall not use the Premises under the following conditions:
a. Tenant shall use the Premises solely for storage related purposes;
b. all personal property must be stored within the Premises (the unit or units rented). Items left outside of the Premises for more than 24 hours, unless authorized by Landlord in writing, may be towed or hauled away at Tenant’s expense;
c. animals or pets, dead or alive, may not be left in the Premises;
d. no person may use the Premises for sleeping, living quarters, a gathering space, business office or address;
e. no heavy maintenance or heavy repairs may not be performed in or around the Premises;
f. spray painting or welding is not permitted within or around the Premises;
g. no business (i.e. manufacturing, construction or sales) may be conducted in or around the Premises;
h. Tenant shall use the Premises in a careful, safe, proper and lawful manner;
i. no explosive, gasoline, oil or hazardous or flammable materials may be stored in the Premises except contained in a vehicle’s fuel tank. If gasoline or diesel powered equipment or motor vehicles are stored in the Premises, Tenant specifically agrees that said vehicles or equipment shall be fueled or de-fueled outside of the Premises;
j. No noxious or offensive activity shall be carried on in or around the Premises, nor shall anything be done therein, either willfully or negligently which may be or become an annoyance or nuisance to the other unit owners or occupants;
k. no signs, banners, lettering, painting, awning, canopy, shutter, screen, radio or television antenna, or anything else, may be placed on or applied to the Premises’ exterior; and
l. Premises may not be used to store trash or rubbish, items omitting odors, plants or any other things which harbor insects, rodents or other pests.
8. CONDITION OF PREMISES.
Except as otherwise provided, Tenant has inspected and hereby accepts the Premises and facility before entering sigining and Tenant agrees to accept Premises in its “as is”; condition existing as of the commencement date or the date that Tenant takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and Texas state laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record hereto. Landlord has made no representations or warranties expressed or implied of any nature whatsoever in connection with the condition of the Premises, and Landlord shall not be liable for any latent or any other defects therein.
9. REPAIR AND MAINTENANCE.
Tenant agrees to maintain the Premises throughout the Term of this Agreement in as good condition and repair as the time of commencement, normal wear and tear excepted. Tenant shall promptly pay Landlord for any repair of damage caused by Tenant’s negligence or misuse, or the negligence or misuse of Tenant’s agents or invitees. Tenant shall be responsible for spraying for insect/pest infestations, and repairs to Tenant supplied appliances. Landlord shall be responsible for normal wear and tear repairs to Landlord supplied appliances, electrical, furnace, structural components and doors. Tenant will also be liable for any damage to any part of Landlord’s facility and property caused by Tenant, including but not limited to, entrance and exit gates to the facility, damage to any of storage unit doors not rented by Tenant, or other Tenant’s personal property.
10. NO ALTERATIONS.
Tenant may not modify, alter, paint, or otherwise change the Premises or put holes in the walls, floors, or ceilings of the Premises. Landlord may agree to minor alternations requested by Tenant if such request is given to Landlord in writing and Landlord communicates such assent to Tenant’s requested minor alterations in writing.
11. LANDLORD ACCESS TO PREMISES.
Landlord and its agents shall have the right to enter the Premises for the purpose of inspecting same, showing the same to prospective purchasers, lenders or lessees, or if it reasonably appears that the Premises are being used for any unlawful purpose or for purposes other than as outlined in Paragraph 8, or if any emergency arises which necessitates access to the Premises, or if Landlord or its agents must make alterations, repairs, improvements or additions to the Premises as Landlord or its agents may deem necessary or desirable. In all non-emergency cases, Landlord agrees to give Tenant 24-hours notice of Landlord’s intent to enter the Premises.
Tenant shall furnish their own lock to secure the Premises. Upon or before the prescribed move-out day, Tenant must remove all locks. Landlord shall have no duty to Tenant to see the Premises is locked nor shall the Landlord be liable for any reason that a lock is not on the Premises. Although, the Landlord has not duty to lock the Premises, Tenant gives Landlord the right, at Landlord’s sole discretion, to lock the Premises if the Premises is unlocked and is lockable and Tenant shall be liable to Landlord for such expense.
13. RELEASE, NON-LIABILITY AND NO WARRANTIES.
Neither Landlord nor any agent of Landlord makes representations of as to the Premises’ safety or security to Tenant. Tenant acknowledges and releases Landlord and any agent of Landlord from liability for any and all loss, damage, or cause of action or any kind including but not limited to, claims for personal injury or damages to or loss of personal property stored in or transported to from the Premises due to fire, flood, water leaks, rain, mildew, mold, hail, ice, snow, smoke, lightning, wind, storms, tornados, explosions, acts of God, insects, rodents and interruptions of utilities, the criminal conduct of others to committed against persons or property, including theft, burglary, assault, vandalism, or other crimes. neglect, unexplained disappearance, Landlord and its agents’ negligence. Storage of any and all property within the Premises shall be at Tenant’s sole risk and no bailment is created hereunder. Landlord does not warrant heat or humidity control. Tenant acknowledges that Rent payable to Landlord does not include the cost of guard service or other security measures, and that Landlord shall have no obligation whatsoever to provide said security measures. Any security measures provided by Landlord shall not be treated as a guarantee against crime or a reduction in the risk of crime. Tenant assumes all responsibility for the protection of Tenant, its guests and its property from acts of third parties crimes. No expressed or implied warranties are given by Landlord or its representatives, and Landlord disclaims and Tenant waives any implied warranties of suitability, security, safety, or fitness for a particular
Tenant shall indemnify and hold Landlord harmless from and against all claims, damages and causes of action (a) due to Tenant’s failure to fulfill any condition of these terms; (b) for injury to person or damage to property caused by, resulting from or arising out of Tenant’s (or its guests) use of the Premises regardless of who owns the property stored; (c) Tenant’s failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien, or other encumbrance filed against the Premises’ property as a result of Tenant’s action. Such indemnification shall include all costs, attorney’s fees, expenses and liabilities incurred in the defense of any such claim, action or proceeding.
Tenant may maintain fire, casualty, and theft insurance covering the stored property at the Premises if Landlord deems it necessary. Such policy should include personal liability coverage to protect Tenant against injury claims from guests, etc. Landlord does not have any obligation to facilitate the obtaining of said insurance and no obligation to furnish any forms.
Pursuant to Chapter 59 of the Texas Property Code, Landlord shall have a priority contractual and statutory lien on all property in Premises to secure payment for all money and fees due and unpaid by Tenant. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. In the event that Tenant shall not, within ten (10) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond, Landlord shall have the right to cause the same to be released by such means at it shall deem proper, including payment of the claim giving rise to such lien. All such sums paid by Landlord and all expenses incurred by it in connection therewith shall be considered additional Rent and shall be payable to Landlord on demand and with interest at the rate of fifteen percent (15%) per annum.
17. ELECTRICAL INSTALLATIONS.
No electrical wiring or other electrical apparatus shall be installed, maintained or operated on the Premises except with the prior written approval of, and in a manner satisfactory to, Landlord.
Tenant shall pay all license, privilege, business income or other taxes levied, assessed or charged against it or the Premises on account of the operation of a business and on account of the personal property used or stored by Tenant. Landlord shall pay all real property taxes which may be levied, assessed or charged against the Premises.
19. DISPOSAL OF TRASH.
Tenant shall not dispose of any trash or refuse to dispose (including toxic substances such as oil and antifreeze) in the Premises or on the grounds surrounding the Premises. Tenant shall report any toxic spills to Landlord and the appropriate authorities immediately. Tenant agrees to indemnify Landlord for any clean up costs and fines associated with a refuse disposal / toxic spill caused by Tenant, and Tenant shall be in breach this term.
20. NOTICE PRIOR TO VACATING.
Tenant shall send to the Landlord’s address via Certified Mail, written notice of Tenant’s intent to vacate, at least thirty (30) days prior to Tenant vacating the Premises. If Tenant fails to give Landlord thirty (30) days advance written notice of their intent to vacate, Tenant’s security deposit shall be forfeited to Landlord as liquidated damages. Upon receipt of Tenant’s intent to vacate the Premises, Landlord may enter the Premises upon
giving 24 hours notice, for the purpose of showing it to prospective buyers or renters. 21. MOVE-OUT. Tenant will be liable not only for damage to the Premises beyond normal wear and tear, but Tenant will be liable for cleaning or disposal charges incurred because of Tenant’s failure to remove all contents and debris from the Premises, or the Premises as fluid stains of oil and other like chemicals, and Tenant may be liable for default under other provisions of this Agreement.
Tenant will be deemed to have “abandoned” the Premises if the following events all occur: (a) Tenant has given Landlord written notice; (b) Tenant’s lock has been removed from the Premises by someone other Landlord; and (c) the lease has expired or such
termination date in the above-said notice has passed. Tenant will also be deemed to have “abandoned” the Premises space if: (a) Tenant has not paid rent or any other sums owed; (b) Tenant’s lock has been removed by someone other than Landlord or the lock has been removed by Landlord when exercising a statutorily authorized seizure; and (c) Tenant’s space contains nothing of value to the ordinary person. The Premises will also be deemed abandoned if due to casualty the Premises contain nothing of value to the ordinary person, and Tenant fails to remove all items from the space within 10 days after notice of abandonment is received by Tenant. lf the Premises has been under any of the definitions of “abandoned” as defined above, Tenant relinquishes all rights to content in the space: and Landlord may remove any lock and remove and dispose of contents in the Premises. If the Premises has not been “abandoned” or there has not been a judicial eviction, Landlord may not dispose of any of its contents, except by: (a) exercising the lien seizure and sale procedures of Chapter 59, Texas Property Code: or (b) entering in an “emergency” or allowing entry by a health or law officer, and throwing away property which, under Landlord’s judgment is an imminent danger or poses a health risk to any persons.
23. TENANT DEFAULT.
Tenant will be in default if any of the following events occur: (i) fails to pay the Rent or any sum when due, or any part thereof, or fails to fulfill any terms and conditions herein specified to be fulfilled by Tenant; (ii) promptly notify Landlord of a new mailing or notice address; (iii) has provided false information to Landlord; and (iv) fails to comply with this Agreement, state, county, or local laws or ordinances or rules governing the use of the Premises or grounds as determined by Landlord.
a. Landlord Remedies if Tenant default.
Landlord may undertaken any or all of the following remedies if Tenant defaults at any time: (a) terminate Tenant’s right to access and use of the Premises and this Agreement by giving at least 3 days notice for Tenant to vacate; (b) lock Tenant’s space, if unlocked, and charge a fee to Tenant and/or deny access to the Premises; (c) bring an action in Forcible Entry and Detainer for possession of the Premise and may sue for and recover all Rents and damages plus costs and reasonable attorney fees as set forth in Texas Property Code; (d) collect or deduct any sums due as allowed by law; (e) enforce Landlord’s lien and Landlord may seizure and sell of all contents of the Premises in a non-judicial foreclosure under the Texas Property Code. A non-judicial foreclosure may occur when: (1) Landlord locks the Premises and provides Tenant with notice of claim to Tenant in writing; or (2) Landlord removes Tenant’s lock from the Premises under provisions of this Agreement.
24. ASSIGNMENTS OR SUBLETTING.
The interest of Tenant in this Agreement and the Premises may not be sublet, assigned or otherwise transferred in whole or in part by Tenant without the prior written approval of Landlord. The approval by Landlord to an assignment, subletting or other transfer shall not be deemed to be an approval of any other assignment, subletting or other transfer. Any assignments, subletting or other transfer without such approval shall be void and shall, at the option of Landlord, constitute a default under this Agreement. Regardless of Landlord’s consent, no subletting or assignment shall release Tenant of Tenant’s obligation or alter the primary liability of Tenant to pay the Rent and to perform all other obligations to be performed by Tenant.
Tenant shall, upon not less than ten (10) days prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that these terms and conditions are unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that the agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrance of the Premises.
If Landlord sells the Premises, Tenant agrees to accept the new owner as Landlord.
27. DAMAGE TO / DESTRUCTION OF THE PREMISES.
In the event of partial damage to the Premises, the Rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree in which Tenant’s use of the Premises is impaired, except if such partial damage was due to Tenant’s willful or negligent act or omission, in such case Tenant’s obligation to pay Rent shall not be abated. If at any time during the Term of this Agreement the Premises is totally destroyed (more than 50% destroyed), then either party may, within fifteen (15) days after the happening of such casualty, elect to terminate this Agreement and the Term hereby granted, by giving the other party written notice except Tenant will be liable if said total causality is the result or cause of Tenant’s actions or use of the Premises.. Upon the giving of such notice this Agreement shall be terminated. Except for abatement of Rent, if applicable, Tenant shall have no claim against Landlord for any damage suffered by Tenant by reason of any such damage, destruction, repair or restoration of the Premises.
28. THIRD PARTY’S INTEREST IN TENANT’S PERSONAL PROPERTY.
Tenant shall provide Landlord, within five (5) days commencement of the lease provide a written list of the names and addresses of all third parties who hold a lien and / or have any interest in any of the items of personal property stored in the Premises leased by Tenant, whether or not such personal property belongs to Tenant or third parties, and the specific items in which said lien is held and / or interest is had. If, after commencement, Tenant shall further store any items of personal property upon which a lien or liens are held or in which such legal interest is had, Tenant shall promptly furnish Landlord with an updated list providing the aforementioned information.
Tenant shall indemnify and hold harmless Landlord and his agents from and against any and all cause of actions due to the sale and / or disposition by Landlord of items of personal property stored in the unit(s) leased by Tenant in which third parties hold a lien or have any legal interest whatsoever.
29. GRANT OF LIEN; ENFORCEMENT.
Under the Texas Property Code, Chapter 59, Landlord has contractual and statutory lien on all property in Tenant’s Premises to secure payment of all sums due and unpaid by Tenant. Lien enforcement procedures are contained in section 24 and in Texas Property Code Chapter 59.
30. COMPLIANCE WITH ORDERS, ORDINANCES, RULES, ETC.
These terms and conditions shall be subject to and governed by the covenants and restrictions outlined herein, state regulations and county and local ordinances. Tenant shall also abide by any other rules which may be posted by Landlord from time to time. Tenant further agrees to comply with the requirements of any policy of insurance held by Landlord at any time in force with respect to the Premises. Tenant shall be held liable for any fines or charges levied due to a violation(s) of this Paragraph.
From time to time each party will execute and deliver such further instruments and will take such further action as the other party reasonably requests in order to perform the obligations and agreements hereunder.
a. The covenants, agreements, terms and conditions shall be binding upon and inure to the benefit of the heirs, successors, assigns, receivers and trustees of the parties hereto, to the extent this Agreement is assignable.
b. These terms and conditions supersedes all others, either oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the terms and conditions between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement shall be valid or binding. These terms and conditions may not be altered, amended or modified except by written instruments signed by the parties hereto.
c. All notices, demands, requests by either party shall be in writing and shall be sent to Landlord at the address noted above, or at such other place as Landlord may designate in writing from time to time, and to Tenant at Tenant’s last known address. Tenant’s last known address for the purposes herein shall be the address provided by Tenant in writing unless Tenant notified Landlord in writing, by Certified Mail, of Tenant’s new address in which case the last such notification of new address received by Landlord shall be considered as Tenant’s last known address.
d. No term hereof may be waived or modified except in writing and signed by both parties. The failure or delay of either party in enforcing any of its rights under this Agreement shall not be deemed a continuing waiver or modification thereof, and either party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all such rights.
This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Texas. If any legal action is necessary to enforce these terms and conditions, the parties agree that the County of Comal or Caldwell. The State of Texas, shall be the sole venue and jurisdiction for the bringing of such action.
The various section headings are inserted for convenience of reference only and shall not affect the meaning or interpretation of these terms and conditions or any part thereof.
If any term, provision, covenant, term, or condition is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
The consent or approval of either party to or of any act of or request of the other party requiring the first party’s consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent, similar act or request.
The individuals or entities or their agents assenting to these terms and conditions represent and warrant that they are fully authorized and legally capable of agreeing to these terms and conditions and that such execution is binding upon each party.
37. ELECTRONIC SIGNATURES.
Any signature (including any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement or document related to this transaction, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.
These terms and conditions may be assented to in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same. The counterparts hereto may be executed and delivered by facsimile or other electronic means by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties.
This Agreement was executed this the commencement date in one or more counterparts, which, taken together, shall constitute one agreement.