7649 Airline Hwy & 8922 Greenwell Springs Road Baton Rouge, Louisiana 70814. 225-925-2100.
By providing e-mail address, TENANT elects and agrees that notice by LANDLORD may be given to TENANT via e-mail.
ALTERNATE INFORMATION: Please provide the name and address of another person in addition to yourself to whom any notices may be sent. If none, write none and initial:
MILITARY: Please state whether you or your spouse is an active duty member of the military or reserves.N . If so, state Branch, Base assigned and Commanding Officer: _________________________________
DESCRIPTION OF PROPERTY TO BE STORED: ____________________________________________________If Tenant`s Property includes a vehicle, please provide description, tag # and VIN # (if no vehicle is stored in the Space, write None and initial): ______________________________________
LIENHOLDER INFORMATION: Tenant is required to disclose to the Landlord any lienholder with an interest in property that is or may be stored in the self-service storage facility. Tenant represents that he owns or has legal possession of the personal property in his or her Space(s) and that all the personal property in his or her Space(s) is free and clear of all liens and secured interests EXCEPT for the following items (describe property and name of lienholder): _________________________________________________________
This Rental Agreement, (hereinafter referred to as the "Agreement"), is made and entered into as of the above set forth date (the "Rental Agreement Date"), by and between Baton Rouge Mini Storage, the Landlord, (hereinafter referred to as the "Landlord") as Lessor and the Tenant identified above, (hereinafter referred to as the "Tenant") as Tenant whose last known address is set forth above for the consideration provided for in this Agreement the Tenant agrees to rent from the Landlord, and the Landlord agrees to let the Tenant use and occupy the storage space listed above (hereinafter referred to as the ``Space``) in the self-service storage facility known Baton Rouge Mini Storage. "Space" as used in this Agreement means that part of the self-service storage facility described above.
1) TERM. The term of this tenancy shall commence on the date the Agreement is executed and shall continue from the first day of the month immediately following, on a month-to-month basis, until terminated.
INITALS HERE YOU AGREE TO ALL OF PARAGRAPH 3 ABOVE _______ (Initials)
4) DENIAL OF ACCESS. If rent is not paid within five (5) days of the monthly due date,Landlord may, without notice, deny the Tenant access to the property located in the self storage facility. 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 Landlord with written authorization from the Tenant to enter the Space. Otherwise, only a court order will be sufficient to permit access by others. Tenant&rsquos access to the facility may also be conditioned in any manner deemed reasonably necessary by Landlord to maintain order on the premises. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Tenant&rsquos identity and inspecting vehicles that enter the premises. Additionally, 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 Landlord to deny access to Tenant to all rented Spaces. Neither Landlord nor any of its respective agents, employees or affiliates shall in any event be liable for any damages or injury caused by Tenant&rsquos inability to move between floors or to gain access to, or exit from the Space or the Facility, whether because of mechanical or other electrical failure of the elevators, automatic access doors or electronic entry devices, or for any other reason.
5) TERMINATION. This Agreement shall continue from month to month unless the Tenant or Landlord delivers to the other party a written notice of its intention to terminate the Agreement at least ten (10) days prior to the end of the then current rental period. Landlord may immediately terminate Tenant&rsquos lease if Tenant is in breach of the Agreement. If Tenant occupies the unit from the 1st day of the month to the 4th day of the month, the tenant is to pay ½ month&rsquos rent. If Tenant occupies the unit on the 5th day of the month, the tenant must pay the full month&rsquos rent. Landlord may immediately terminate Tenant&rsquos lease if Tenant is in breach of the Agreement or breaches the peace. Upon termination of this Agreement, the Tenant shall remove all personal property from the Space (unless such property is subject to the Landlord&rsquos lien rights as referenced herein), and shall deliver possession of the Space to the Landlord on the day of termination. If the Tenant fails to fully remove its property from the Space within the time required, the Landlord, 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 Property after vacating will be deemed to be of no value to the Tenant and will be discarded by the Landlord at the expense of the Tenant. This Agreement shall automatically terminate if the Tenant abandons the Space. The Tenant shall be deemed to have abandoned the Space if the Tenant has removed the contents of the Space and/or has removed the Tenant&rsquos locking device from the space and is not current in all obligations hereunder. Rent prepaid for any period in which the Tenant moves out early shall not be refunded. Abandonment shall allow the Landlord to remove all contents of the Space for disposal. Tenant hereby waives and releases any claims or actions against Landlord for disposal of personal property resulting from Tenant&rsquos abandonment. Landlord may dispose of any property left on the premises by Tenant after Tenant has terminated his or her tenancy. Tenant shall be responsible for paying all costs incurred by Landlord in disposing of such property. Tenant agrees to provide a ten (10) written notice that they are vacating the Space so that Landlord is aware that the Space is unoccupied. If Tenant doesn&rsquot provide said notice, Tenant agrees to a vacate fee of $25.00 which Tenant authorizes Landlord to charge Tenant&rsquos account.
6) USE OF STORAGE SPACE. The Space named herein shall be used by the Tenant solely for the purposes of storing personal property belonging to the Tenant. The Tenant agrees not to store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the Space or elsewhere on the property which would cause danger or nuisance to the Space or any other portion of the Property, or the contents of any other space in the Property. The Tenant agrees that the Space and the property will not be used for any unlawful purposes or contrary to any law, ordinance, regulation, fire code or health code and the Tenant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Space or anywhere on the Property, and will keep the Space and the Property in good condition during the term of this Agreement. The Tenant agrees not to store jewels, furs, heirlooms, art works, collectibles or irreplaceable items having special sentimental or emotional value to the Tenant. The Tenant hereby waives any claim for sentimental value for the Tenant`s emotional attachment to any property that is stored in the Space or on the Property. There shall be NO HABITABLE OCCUPANCYof the Space by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate termination of this Agreement. If hazardous substances are stored, used, generated, or disposed of in the Space or on the Property, or if the Space or the Property shall become contaminated in any manner for which the Tenant is directly or indirectly responsible, the Tenant shall indemnify and hold the Landlord 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 Tenant, whether incurred during or after the lease term. 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 work shop, for any type of repairs, or for any sales, renovations, decoration, painting, or other contracting. The Tenant will indemnify and hold the Landlord harmless from and against any and all manner of claims for damages or lost property or personal injury and costs, including attorneys&rsquo fees arising from the Tenant`s lease of the Space on the Property or from any activity by the Tenant.
7) HAZARDOUS OR TOXIC MATERIALS PROHIBITED. Tenant is strictly prohibited from storing or using materials in the storage space or on the facility classified as hazardous or toxic under any local, state or federal 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, fine or penalties imposed against the Landlord, arising out of storage or use of any hazardous or toxic material by Tenant, Tenant`s agents, employees, invitee or guests. Landlord may enter the storage at any time to remove and dispose of prohibited items.
8) CONDITION AND ALTERATION OF SPACE. Tenant assumes responsibility for having examined the premises and hereby accepts it as being in good order and condition. Tenant understands that all unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the storage space. Should Tenant damage or depreciate the space, or make alterations or improvements without the prior consent of the Landlord, or require the Landlord to incur costs to clean the Space upon termination, then all costs necessary to restore the space to its prior condition shall be borne by Tenant. Landlord has the right to declare any such costs to repair as &ldquorent&rdquo and non-payment of said costs will entitle Landlord to deny Tenant access to the Space.
9) LIMITATION OF VALUE. The Tenant agrees that in no event shall the total value of all property stored be deemed to exceed $5,000.00 unless the Landlord has given permission in writing for the Tenant to store property exceeding such value. The Tenant agrees that the maximum value for any claim or suit by the Tenant including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit is $5,000.00. Nothing in this section shall be deemed to create any liability on the part of the Landlord to the Tenant for any loss or damages to the Tenant`s property regardless of cause.
10) INSURANCE Tenant, at Tenant`s expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Insurance on Tenant`s property is a material condition of this agreement and is for the benefit of both Tenant and Landlord. 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 expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of Tenant against Landlord, Landlord`s agents or employees.
13) INDEMNITY. Tenant agrees to indemnify, hold harmless and defend Landlord from all claims, demands, actions or causes of action (including attorney`s fees and all costs) that are hereinafter brought by others arising out of Tenants use of storage space.
14) DEFAULT AND LANDLORD`S LIEN. PURSUANT TO THE "SELF SERVICE STORAGE FACILITY ACT", TITLE 9, SECTIONS 4756-4760, AS AMENDED, LOUISIANA REVISED STATUTES, THE LANDLORD, HIS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS HAVE A LIEN OR PRIVILEGE UPON ALL PERSONAL PROPERTY LOCATED AT THE 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 LAW. THE LIEN ATTACHES AS OF THE DATE THE PERSONAL PROPERTY IS BROUGHT TO THE FACILITY AND CONTINUES SO LONG AS THE LANDLORD RETAINS POSSESSION AND UNTIL THE DEFAULT IS CORRECTED, OR A SALE IS CONDUCTED, OR THE PROPERTY IS OTHERWISE DISPOSED OF TO SATISFY THE LIEN PURSUANT TO LAW.
15) LOCKS. Tenant shall provide, at Tenant`s expense, a lock for the storage space which Tenant, in Tenant`s sole discretion, deems sufficient to secure the storage space. Landlord may, but is not required to lock the storage space if it is found open.
16) LANDLORD`S RIGHT TO ENTER. Tenant grants Landlord, Landlord`s agents or representatives of any governmental authority, including police and fire officials, access to the storage space upon three (3) days advance written notice to Tenant. In the event of an emergency, Landlord, Landlord`s agents or representatives of governmental authority shall have the right to enter the premises without notice to Tenant and take such action as may be necessary or appropriate to preserve the premises, to comply with applicable law.
17) NO WARRANTIES. No expressed or implied warranties are given by Landlord, Landlord`s agents or employees as to the suitability of the storage space for Tenant`s intended use. Landlord disclaims and Tenant waives any implied warranties of suitability or fitness for a particular use.
18) NO ORAL AGREEMENTS. This Agreement contains the entire agreement between Landlord and Tenant, and no oral agreements shall be of any effect whatsoever. Tenant acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the storage space for the storage of Tenant`s property, and that Tenant has made his own determination of such matters solely from inspection of the storage space and the facility. Tenant agrees that he is not relying, and will not rely, upon any representation made by Landlord or by Landlord`s agents or employees purporting to modify or add to this Agreement.
19) CHANGES. All items of this 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 Landlord upon Thirty (30) days&rsquo prior written notice (which includes email) to the Tenant. If so changed the Tenant may terminate this Agreement on the effective date of such change by giving the Landlord ten (10) days&rsquo 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 Landlord&rsquos notice and shall thereafter apply to the occupancy hereunder.
20) ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Agreement or sublet the Space.
21) WAIVER/ENFORCEABILITY. In the event any part of this Agreement shall be held invalid or unenforceable, the remaining part of this Agreement shall remain in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by the Landlord of any provision hereof shall be deemed a waiver of any of the other provisions hereof or of any subsequent default or breach by the Tenant.
22) ATTORNEYS` FEES. In the event the Landlord retains the services of an attorney to recover any sums due under this 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 Tenant, the Tenant agrees to pay to the Landlord the reasonable costs, expenses, and attorney&rsquos fees incurred in any such action.
23) SUCCESSORS IN INTEREST. This Agreement is binding upon the parties hereto, their heirs, successors and assigns.
24) GOVERNING LAW. This Agreement and any actions between the parties shall be governed by the laws of the State of Louisiana.
25) WAIVER OF JURY TRIAL. The Landlord 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 Landlord against the Tenant or the Tenant against the Landlord arising out of or in any way connected with this Agreement, the Tenants use or occupancy of the Space and this Property or any claim of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation.
26) RULES. The Tenant agrees to be bound by any Rules and Regulations for the facility as may be posted by the Landlord from time to time. All Rules and Regulations shall be deemed to be part of this Agreement.
27) NOTICES FROM LANDLORD. All notices from Landlord shall be sent by first class mail postage prepaid to Tenant&rsquos last known address or to the electronic mail address provided by the Tenant in this 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. If Tenant provides its e-mail address, Tenant consents to the delivery of all 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 also be sent to Tenant via e-mail rather than by U.S. Mail.
28) NOTICES FROM TENANT. Tenant represents and warrants that the information Tenant has supplied in this Agreement is true, accurate and correct and Tenant understands that Landlord is relying on Tenant&rsquos representations. Tenant agrees to give written notice to Landlord of any change in Tenant&rsquos address, any change in the liens and secured interest on Tenant&rsquos 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 Landlord or mail the notice by certified mail, return receipt requested, with postage prepaid to Landlord at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Landlord.
29) RELEASE OF INFORMATION. Tenant hereby authorizes Landlord to release any information regarding Tenant and Tenant&rsquos occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
30) MILITARY SERVICE. If you are in the military service, you must provide written notice to the Landlord. The Landlord will rely on this information to determine the applicability of the Servicemembers Civil Relief Act.
31) FINANCIAL INFORMATION. Landlord does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. Tenant waives and releases any and all claims or actions against Landlord for damages arising from the use of said information by others.
32) CLIMATE CONTROL. Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Landlord does not warrant or guarantee temperature or humidity ranges in the space due to changes in outside temperature and humidity. Even in climate controlled spaces, there is a risk of mold and/or mildew, particularly if damp or wet property is brought into the Space. Tenant agrees and acknowledges that Landlord is not liable for the growth of mold or mildew on stored property. 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 and/or heating 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.
33) PERMISSION TO COMMUNICATE. Tenant recognizes Landlord and Tenant are entering to a business relationship as Landlord and Tenant. As such, to the extent any Federal or State law prohibits Landlord from contacting Tenant by phone, fax, e-mail or text, Tenant hereby consents to Landlord phoning, faxing, e-mailing and texting (including automated calls and texts) Tenant with marketing and/or other business‑related communications.
34) STORAGE OF MOTOR VEHICLES. In the event that any motor vehicle remains stored in the Space after termination of the Agreement or upon Tenant&rsquos default for sixty (60) days, and in addition to all other rights and remedies available to Landlord, Landlord 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&rsquos expense. Landlord shall incur no liability to Tenant for causing the vehicle to be removed pursuant to this paragraph.
BATON ROUGE MINI STORAGE
By: ____________________________________ Date 5/12/2003
Baton Rouge Mini Storage Manager
By: ____________________________________ Date 5/12/2003
Tenant BATON ROUGE MINI STORAGE