Rent Your Unit Online
Please be sure to scroll all the way to the bottom, enter your info and click I Agree.
I agree to the terms and conditions shown on this contract in exchange for the use of the unit.
1. Rent payment is due on the first (1st) day of each month, for the upcoming month, without demand. You will not receive a bill. Payments shall be made by mailing a check to Locker Up Storage, 3503 Van Dyke, Marlette, MI 48453 OR by credit card online at LockerUpStorage.com.
2. You must provide ten (10) days written notice before you move out, or your security deposit will be forfeited.
3. FEES: will be assessed without further notice on the date listed below. NO EXCEPTIONS
5. First month rent is prorated, excluding promotions. Last month rent is not prorated.
6. It is the sole responsibility of the Tenant to provide any change of address to the Lessor in writing within 10 days.
7. It is expressly understood that Locker Up Storage carries no insurance covering Tenants' good and assumes no liability for Tenants' goods.
8. Tenant understands Lessor has a lien on goods and personal property for payment of fees due and may sell same with proper notice as described in paragraph 10 on the reverse.
This rental agreement is executed in duplicate, at the place and on the date set forth below between “Lessor” and “Tenant” as evidenced by their signatures below and is made subject to the terms and conditions set forth below and on the reverse side of this agreement which terms and conditions are incorporated herein and made a part hereof for all purposes.
1. DESCRIPTION OF SPACE: in consideration of the covenants conditions, and agreements hereinafter contained to be kept and performed by Tenant, Lessor does hereby lease to Tenant and Tenant hereby leases from Lessor the herein described property hereinafter called “the space” or if referring to the entire property, “the facility”.
2. TERM: The lease shall commence on the date of execution of this agreement and shall terminate thirty (30) days thereafter unless extended, renewed or unless sooner terminated according to the provisions hereof. In the event the lease is extended or renewed it is expressly agreed that the covenants and terms of this agreement shall remain in full force and effect.
3. LESSOR’S OPTION TO RENEW: Lessor reserves the right not to extend or renew the lease for any cause whatsoever and Tenant agrees to vacate upon demand or upon failure to comply with or breach of any of the terms, conditions, or covenants of this agreement.
4. USE AND COMPLIACE WITH LAW: The space shall not be used for any unlawful purpose and will be kept in good condition. Persons shall not stay, live or sleep at facility. No property shall be stored at the facility unless Tenant legally has the right to have the property in his possession. Tenant may from time to time during the duration of this agreement place on or in the leased space personal or commercial properties, but the Lessor is under no duty to maintain any inventory or any other records of contents so placed. THE STORAGE OF WELDING OR FLAMMABLE CHEMICALS, ODOROUS, EXPLOSIVE, CORROSIVE CONTAMINATES, POLLUTANTS, OR OTHER INHERENTLY DANGEROUS MATERIALS IS PROHIBITED. Tenant shall not store any items which shall be in violation of any order or requirement imposed by the Board of Health, Sanitary and Police Departments or the appropriate governmental body, or do any act or cause to be done any act which creates or may create a nuisance in or upon the space or connected with the facility during the term of this lease or any renewal or extension thereof. In Lessor’s sole discretion, access to the facility may be conditioned in any manner deemed reasonably necessary by Lessor.
5. DAMAGE, CLEANING, AND PERFORMANCE DEPOSIT: A property damage, cleaning, and performance deposit shall be paid by the Tenant to Lessor in the amount set forth below. The deposit, without interest, will be returned at the termination of this lease provided Tenant has complied with all of his obligations hereunder and subject to such deductions as are herein authorized. Tenant agrees to surrender the leased premises to Lessor at the end of this lease in a clean, reasonable and re-rentable condition, normal wear and tear excepted, and all costs and expenses incurred by Lessor in restoring the premises to the same condition as when leased, will be paid by Tenant as a deduction from the deposit. Any unpaid charges, damages, or rent due to Lessor shall likewise be deducted from the deposit. Should the total deductions herein authorized exceed the amount of the property damage, cleaning, and performance deposit, Tenant agrees to pay to the Lessor the amount of such excess.
6. NON-LIABILITY OF LESSOR AND INSURANCE OBLIGATIONS OF TENANT: ALL PROPERTY STORED WITHIN OR ON THE SPACE BY TENANT OR LOCATED AT THE FACILITY SHALL BE AT TENANT’S SOLE RISK. LESSOR CARRIES NO INSURANCE WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT TENANT MAY HAVE OR CLAIM BY RENTING THE STORAGE SPACE OR BEING ON OR ABOUT THE FACILITY, AND THEREFORE TENANT MUST OBTAIN ANY INSURANCE DESIRED AT HIS OWN EXPENSE. LESSOR STRONGLY RECOMMENDS THAT TENANT SECURE HIS OWN INSURANCE TO PROTECT HIMSELF AND HIS PROPERTY AGAINST ALL PERILS OR WHATSOEVER NATURE. LESSOR SHALL NOT BE LIABLE TO TENANT OR TENANT’S INVITEES, FAMILY, EMPLOYEES, AGENTS, OR SERVANTS FOR ANY PERSONAL INJURIES OR PROPERTY DAMAGE, OR LOSS FROM THEFT, VANDALISM, FIRE, SMOKE, WATER, HURRICANE, RAIN, TORNADO, EXPLOSION, ACT OF GOD, OR ANY OTHER CAUSE WHATSOEVER UNLESS THE SAME IS DUE TO THE WILLFUL ACTS OR GROSS NEGLIGENCE OF LESSOR, HIS AGENTS, SERVANTS, OR EMPLOYEES. TENANT ACKNOWLEDGES THAT LESSOR DOES NOT TAKE CARE, CUSTODY, CONTROL POSSESSION, OR DOMINION OVER THE CONTENTS IN OR ON THE PLACE OR AT THE FACILITY AND DOES NOT AGREE TO PROVIDE PROTECTION FOR THE FACILITY, THE SPACE OR THE CONTENTS HEREOF. TENANT MUST TAKE WHATEVER STEPS HE DEEMS NECESSARY TO SAFEGUARD WHAT IS AT THE FACILITY OR IN OR ON THE SPACE IF TENANT DESIRES TO KEEP THE SPACE LOCKED. HE MUST PROVIDE HIS OWN LOCKS AND KEYS AND ASSUMES FULL RESPONSIBILITY FOR WHO HAS POSSESSION OF THE KEYS AND ACCESS TO THE PLACE. LESSOR SHALL NOT BE LIABLE FOR LOSS OR DAMAGE RESULTING FROM FAILURE, INTERRUPTION OR MALFUNCTION OF THE UTILITIES, APPLIANCES OR FIXTURE, IF ANY, PROVIDED TO TENANT UNDER THE TERMS OF THIS RENTAL AGREEMENT.
TENANT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE LESSOR FROM AND AGAINST ANY AND ALL AND ANY MANNER OF CLAIMS FOR DAMAGES OR LOSS TO PROPERTY OR PERSONAL INJURY AND COSTS INCLUDING ATTORNEY’S FEES ARISING FROM TENANT’S USE OF THE SPACE OR THE SPACE OR THE FACILITY, OR FOR MANY ACTIVITY, WORK, OR THING DONE, PERMITTED OR SUFFERED BY TENANT IN OR ON THE SPACE OR ABOUT THE FACILITY.
Should any of Lessor’s employees perform any services for Tenant at Tenant’s request, such employee shall be deemed to be the agent of Tenant, regardless of whether payment of such services is made or not, and tenant agrees to hold Lessor harmless from all liability in connection with or arising from directly or indirectly such services performed by employees of Lessor.
Notwithstanding that Lessor shall not be liable for such occurrences. Tenant agrees to notify Lessor immediately upon the occurrence of any injury, damage, or loss suffered by Tenant or other person in any of such circumstances.
7. ALTERATIONS, SIGNS AND WASTE: Tenant shall not make or suffer to be made any alterations of the space or facility nor post any sign without express written consent of the Lessor. Tenant shall not commit nor suffer to be committed any waste in or on the space or at the facility.
8. LESSOR’S RIGHT TO ENTER, INSPECT, AND REPAIR: Upon the request of the Lessor, the Tenant shall provide access to the Lessor 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 Lessor may enter the leased space for any of the above stated purposes without notice to or consent from the Tenant, and Lessor reserves the right to remove contents of the leased space to another space or facility. For the purposes of this Paragraph, the term “emergency” means any sudden unexpected occurrence or circumstance which demands immediate action.
9. CONTRACTURAL LANDLORD’S LIEN: IN ADDITION TO ANY LIENS AND REMEDIES PROVIDED BY LAW TO SECURE AND COLLECT RENT, AND CUMULATIVE THEREWITH, LESSOR IS HEREBY GIVEN A CONTRACTURAL LANDLORD’S LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN OR ON THE SPACE OR AT THE FACILITY TO SECURE THE TIMELY PERFORMANCE OF THIS AGREEMENT BY TENANT AND SECURE THE PAYMENT OF ALL RENTS, CHARGES AND COSTS INCIDENT TO TENANT'S DEFAULT FURTHERMORE, LESSOR HAS A LIEN ON ALL PROPERTY IN A SELF SERVICE STORAGE FACILITY FOR THE PAYMENT OF RENTS OR OTHER CHARGES THAT ARE DUE AND UNPAID BY THE TENANT. Fees will be incurred for late payments, overlock, lien notice, inventory, legal notice and auctions.
10. DEFAULT: NOTICE: If you fail to make your required payments, you will have to vacate the unit or your property may later be sold at a public sale. Before the sale, you will be notified by first-class mail or by electronic mail of the amount due. The notice will be sent to your last known address. In order to preserve your right to be notified, it is important that you notify us in writing of any change in your mailing or email address. Also, you should supply us with the name and address of another person who can reach you if you are not at your mailing address, and we will notify that person at the same time and in the same manner as we notify you. If you fail to pay your rental obligations timely, your unit may be over-locked. Lessor is hereby authorized pursuant to Michigan Law to enter, seize and take possession of the property located in such unit. Public notice of a sale will be posted on www.LockerUpStorage.com.
11. PROPERTY NOT SOLD: If any property remains unsold after Lessor has complied with the requirements of Michigan Law, Lessor may otherwise dispose of said property in any manner considered appropriate by the Lessor, including, but not limited to, destruction of the personal property or donating the same to charity.
12. BREACH OF COVENANTS OR CONDITIONS: A breach of any of the covenants or conditions of this agreement by the Tenant shall, at the option of the Lessor, terminate this lease and at which time said lease shall become null and void.
13. BANKRUPTCY AND OTHER LEGAL ACTIONS: In the event that Tenant files a voluntary petition in bankruptcy, or suffers a petition in involuntary bankruptcy to be filed against him, or makes an assignment for the benefit of creditors, or is placed in receivership, or is the subject of any other type of legal action wherein the right to use an occupancy of the leased premises is an issue, then at the option of Lessor, this lease shall terminate, and Tenant shall thereafter have no right, title or interest in or to any of the leased space.
14. WAIVER: No waiver by Lessor, his agents, representatives or employees, of any breach or default in the performance of any covenant, condition or term contained herein shall constitute a waiver of any subsequent breach or default in the performance of the same or any other covenant, condition or term hereof.
15. CHANGE OF TERMS: All items of this agreement, including without limitation, monthly rental, conditions of occupancy and changes are SUBJECT TO CHANGE UPON THIRTY (30) DAYS PRIOR WRITTEN NOTICE to Tenant. If changed, the Tenant may terminate this agreement on the effective date of the change by giving Owner THIRTY (30) days prior written notice to terminate. If the Tenant does not give such notice, the change shall become effective and apply to his occupancy.
16. RECOVERY OF ATTORNEY’S FEES AND COSTS: In the event any action be instituted or other proceedings taken to enforce any term, covenant or condition herein contained or to recover any rent or charge due or to recover possession of the space or facility for any default or breach of this rental agreement by Tenant. Tenant agrees to and shall pay Lessor’s reasonable attorney’s fees, costs, and expense in connection therewith.
17. INDEMNIFY AND HOLD HARMLESS: The Tenant agrees to indemnify and hold harmless the Lessor from any and all costs, disbursements, expenses (including attorney’s fees), demands, claims, actions, or causes of action arising directly or indirectly from this agreement or any renewal or extension thereof.
18. SUBLETTING OR ASSIGNMENT: No subletting of the space or any portion thereof or assignment of this agreement may be made by Tenant without having written permission of Lessor in advance.
19. CHANGE OF ADDRESS: IT SHALL BE THE DUTY OF THE TENANT TO FURNISH THE LESSOR NOTIFICATION, IN WRITING, AT LESSOR’S ADDRESS PROVIDED HEREIN, OF ANY CHANGE OF ADDRESS OR PHONE NUMBER.
20. SEVERABILITY CLAUSE: If any part of this agreement for any reason is declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in full force and effect as if this agreement had been executed with the invalid portion thereof eliminated. It is hereby declared the intention of the parties that they would have executed the remaining portion of this agreement without including any such part, parts, or portions which may, for any reason be hereafter declared invalid.
21. SUCCESSION: All of the provisions hereof shall apply to, bind, and be obligatory upon the parties and their heirs, assigns, executors, administrators, representatives, and successors of the parties hereto.
22. MICHIGAN LAW TO APPLY: This agreement and any action arising between the parties shall be construed under and in accordance with the substantive laws of the State of Michigan.
23. EXCLUSION OF ALL WARRANTIES: The agents and employees of Lessor are not authorized to make warranties about the space, premises, and facility referred to in this agreement. Lessor’s agents’ and employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by the Tenant, nor shall any of said statements be considered a part of this agreement. The entire agreement and understanding of the parties hereto is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, expressed or implied, ARE EXCLUDED from this transaction and shall not apply to the leased space, premises and facility referred to herein. It is further understood and agreed that Tenant has been given an opportunity to inspect, and has inspected the space, premises, and facility, and that Tenant accepts such leased space premises, and facility AS IS and WITH ALL FAULTS.
24. ENTIRE AGREEMENT CLAUSE: This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained therein. No amendment or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto, or unless such terms are modified pursuant to the provision of Paragraph 15 above.
25. HEADINGS: The headings of the various provisions of this agreement have been included only for the convenience of the parties and are not to be used in construing this agreement nor in ascertaining the intentions of the parties.
NOTICE TO TENANT: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT AND FULLY UNDERSTAND THE COVENANTS AND CONDITIONS CONTAINED HEREIN. KEEP A COPY OF THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. TENANT HEREBY ACKNOWLEDGES BY SIGNING THIS AGREEMENT THAT HE HAS READ, UNDERSTOOD AND ACCEPTS ALL THE TERMS AND CONDITIONS EXPRESSED IN THIS AGREEMENT, WHICH CONSISTS OF FRONT AND BACK PAGES.
1. Rent payment is due on the first (1st) day of each month, for the upcoming month, without demand. You will not receive a bill. Payments shall be made by mailing a check to Locker Up Storage, 3503 Van Dyke, Marlette, MI 48453 OR by credit card online at LockerUpStorage.com.
2. You must provide ten (10) days written notice before you move out, or your security deposit will be forfeited.
3. FEES: will be assessed without further notice on the date listed below. NO EXCEPTIONS
- $10.00 late fee 2nd day of the month
- $10.00 overlock 10th day of the month
- $50.00 lien notice if payment is not made
- $50.00 inventory 15 days after lien notice
- $50.00 sale ad after inventory
- $200.00 sale fee on date of sale
5. First month rent is prorated, excluding promotions. Last month rent is not prorated.
6. It is the sole responsibility of the Tenant to provide any change of address to the Lessor in writing within 10 days.
7. It is expressly understood that Locker Up Storage carries no insurance covering Tenants' good and assumes no liability for Tenants' goods.
8. Tenant understands Lessor has a lien on goods and personal property for payment of fees due and may sell same with proper notice as described in paragraph 10 on the reverse.
This rental agreement is executed in duplicate, at the place and on the date set forth below between “Lessor” and “Tenant” as evidenced by their signatures below and is made subject to the terms and conditions set forth below and on the reverse side of this agreement which terms and conditions are incorporated herein and made a part hereof for all purposes.
1. DESCRIPTION OF SPACE: in consideration of the covenants conditions, and agreements hereinafter contained to be kept and performed by Tenant, Lessor does hereby lease to Tenant and Tenant hereby leases from Lessor the herein described property hereinafter called “the space” or if referring to the entire property, “the facility”.
2. TERM: The lease shall commence on the date of execution of this agreement and shall terminate thirty (30) days thereafter unless extended, renewed or unless sooner terminated according to the provisions hereof. In the event the lease is extended or renewed it is expressly agreed that the covenants and terms of this agreement shall remain in full force and effect.
3. LESSOR’S OPTION TO RENEW: Lessor reserves the right not to extend or renew the lease for any cause whatsoever and Tenant agrees to vacate upon demand or upon failure to comply with or breach of any of the terms, conditions, or covenants of this agreement.
4. USE AND COMPLIACE WITH LAW: The space shall not be used for any unlawful purpose and will be kept in good condition. Persons shall not stay, live or sleep at facility. No property shall be stored at the facility unless Tenant legally has the right to have the property in his possession. Tenant may from time to time during the duration of this agreement place on or in the leased space personal or commercial properties, but the Lessor is under no duty to maintain any inventory or any other records of contents so placed. THE STORAGE OF WELDING OR FLAMMABLE CHEMICALS, ODOROUS, EXPLOSIVE, CORROSIVE CONTAMINATES, POLLUTANTS, OR OTHER INHERENTLY DANGEROUS MATERIALS IS PROHIBITED. Tenant shall not store any items which shall be in violation of any order or requirement imposed by the Board of Health, Sanitary and Police Departments or the appropriate governmental body, or do any act or cause to be done any act which creates or may create a nuisance in or upon the space or connected with the facility during the term of this lease or any renewal or extension thereof. In Lessor’s sole discretion, access to the facility may be conditioned in any manner deemed reasonably necessary by Lessor.
5. DAMAGE, CLEANING, AND PERFORMANCE DEPOSIT: A property damage, cleaning, and performance deposit shall be paid by the Tenant to Lessor in the amount set forth below. The deposit, without interest, will be returned at the termination of this lease provided Tenant has complied with all of his obligations hereunder and subject to such deductions as are herein authorized. Tenant agrees to surrender the leased premises to Lessor at the end of this lease in a clean, reasonable and re-rentable condition, normal wear and tear excepted, and all costs and expenses incurred by Lessor in restoring the premises to the same condition as when leased, will be paid by Tenant as a deduction from the deposit. Any unpaid charges, damages, or rent due to Lessor shall likewise be deducted from the deposit. Should the total deductions herein authorized exceed the amount of the property damage, cleaning, and performance deposit, Tenant agrees to pay to the Lessor the amount of such excess.
6. NON-LIABILITY OF LESSOR AND INSURANCE OBLIGATIONS OF TENANT: ALL PROPERTY STORED WITHIN OR ON THE SPACE BY TENANT OR LOCATED AT THE FACILITY SHALL BE AT TENANT’S SOLE RISK. LESSOR CARRIES NO INSURANCE WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT TENANT MAY HAVE OR CLAIM BY RENTING THE STORAGE SPACE OR BEING ON OR ABOUT THE FACILITY, AND THEREFORE TENANT MUST OBTAIN ANY INSURANCE DESIRED AT HIS OWN EXPENSE. LESSOR STRONGLY RECOMMENDS THAT TENANT SECURE HIS OWN INSURANCE TO PROTECT HIMSELF AND HIS PROPERTY AGAINST ALL PERILS OR WHATSOEVER NATURE. LESSOR SHALL NOT BE LIABLE TO TENANT OR TENANT’S INVITEES, FAMILY, EMPLOYEES, AGENTS, OR SERVANTS FOR ANY PERSONAL INJURIES OR PROPERTY DAMAGE, OR LOSS FROM THEFT, VANDALISM, FIRE, SMOKE, WATER, HURRICANE, RAIN, TORNADO, EXPLOSION, ACT OF GOD, OR ANY OTHER CAUSE WHATSOEVER UNLESS THE SAME IS DUE TO THE WILLFUL ACTS OR GROSS NEGLIGENCE OF LESSOR, HIS AGENTS, SERVANTS, OR EMPLOYEES. TENANT ACKNOWLEDGES THAT LESSOR DOES NOT TAKE CARE, CUSTODY, CONTROL POSSESSION, OR DOMINION OVER THE CONTENTS IN OR ON THE PLACE OR AT THE FACILITY AND DOES NOT AGREE TO PROVIDE PROTECTION FOR THE FACILITY, THE SPACE OR THE CONTENTS HEREOF. TENANT MUST TAKE WHATEVER STEPS HE DEEMS NECESSARY TO SAFEGUARD WHAT IS AT THE FACILITY OR IN OR ON THE SPACE IF TENANT DESIRES TO KEEP THE SPACE LOCKED. HE MUST PROVIDE HIS OWN LOCKS AND KEYS AND ASSUMES FULL RESPONSIBILITY FOR WHO HAS POSSESSION OF THE KEYS AND ACCESS TO THE PLACE. LESSOR SHALL NOT BE LIABLE FOR LOSS OR DAMAGE RESULTING FROM FAILURE, INTERRUPTION OR MALFUNCTION OF THE UTILITIES, APPLIANCES OR FIXTURE, IF ANY, PROVIDED TO TENANT UNDER THE TERMS OF THIS RENTAL AGREEMENT.
TENANT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE LESSOR FROM AND AGAINST ANY AND ALL AND ANY MANNER OF CLAIMS FOR DAMAGES OR LOSS TO PROPERTY OR PERSONAL INJURY AND COSTS INCLUDING ATTORNEY’S FEES ARISING FROM TENANT’S USE OF THE SPACE OR THE SPACE OR THE FACILITY, OR FOR MANY ACTIVITY, WORK, OR THING DONE, PERMITTED OR SUFFERED BY TENANT IN OR ON THE SPACE OR ABOUT THE FACILITY.
Should any of Lessor’s employees perform any services for Tenant at Tenant’s request, such employee shall be deemed to be the agent of Tenant, regardless of whether payment of such services is made or not, and tenant agrees to hold Lessor harmless from all liability in connection with or arising from directly or indirectly such services performed by employees of Lessor.
Notwithstanding that Lessor shall not be liable for such occurrences. Tenant agrees to notify Lessor immediately upon the occurrence of any injury, damage, or loss suffered by Tenant or other person in any of such circumstances.
7. ALTERATIONS, SIGNS AND WASTE: Tenant shall not make or suffer to be made any alterations of the space or facility nor post any sign without express written consent of the Lessor. Tenant shall not commit nor suffer to be committed any waste in or on the space or at the facility.
8. LESSOR’S RIGHT TO ENTER, INSPECT, AND REPAIR: Upon the request of the Lessor, the Tenant shall provide access to the Lessor 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 Lessor may enter the leased space for any of the above stated purposes without notice to or consent from the Tenant, and Lessor reserves the right to remove contents of the leased space to another space or facility. For the purposes of this Paragraph, the term “emergency” means any sudden unexpected occurrence or circumstance which demands immediate action.
9. CONTRACTURAL LANDLORD’S LIEN: IN ADDITION TO ANY LIENS AND REMEDIES PROVIDED BY LAW TO SECURE AND COLLECT RENT, AND CUMULATIVE THEREWITH, LESSOR IS HEREBY GIVEN A CONTRACTURAL LANDLORD’S LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN OR ON THE SPACE OR AT THE FACILITY TO SECURE THE TIMELY PERFORMANCE OF THIS AGREEMENT BY TENANT AND SECURE THE PAYMENT OF ALL RENTS, CHARGES AND COSTS INCIDENT TO TENANT'S DEFAULT FURTHERMORE, LESSOR HAS A LIEN ON ALL PROPERTY IN A SELF SERVICE STORAGE FACILITY FOR THE PAYMENT OF RENTS OR OTHER CHARGES THAT ARE DUE AND UNPAID BY THE TENANT. Fees will be incurred for late payments, overlock, lien notice, inventory, legal notice and auctions.
10. DEFAULT: NOTICE: If you fail to make your required payments, you will have to vacate the unit or your property may later be sold at a public sale. Before the sale, you will be notified by first-class mail or by electronic mail of the amount due. The notice will be sent to your last known address. In order to preserve your right to be notified, it is important that you notify us in writing of any change in your mailing or email address. Also, you should supply us with the name and address of another person who can reach you if you are not at your mailing address, and we will notify that person at the same time and in the same manner as we notify you. If you fail to pay your rental obligations timely, your unit may be over-locked. Lessor is hereby authorized pursuant to Michigan Law to enter, seize and take possession of the property located in such unit. Public notice of a sale will be posted on www.LockerUpStorage.com.
11. PROPERTY NOT SOLD: If any property remains unsold after Lessor has complied with the requirements of Michigan Law, Lessor may otherwise dispose of said property in any manner considered appropriate by the Lessor, including, but not limited to, destruction of the personal property or donating the same to charity.
12. BREACH OF COVENANTS OR CONDITIONS: A breach of any of the covenants or conditions of this agreement by the Tenant shall, at the option of the Lessor, terminate this lease and at which time said lease shall become null and void.
13. BANKRUPTCY AND OTHER LEGAL ACTIONS: In the event that Tenant files a voluntary petition in bankruptcy, or suffers a petition in involuntary bankruptcy to be filed against him, or makes an assignment for the benefit of creditors, or is placed in receivership, or is the subject of any other type of legal action wherein the right to use an occupancy of the leased premises is an issue, then at the option of Lessor, this lease shall terminate, and Tenant shall thereafter have no right, title or interest in or to any of the leased space.
14. WAIVER: No waiver by Lessor, his agents, representatives or employees, of any breach or default in the performance of any covenant, condition or term contained herein shall constitute a waiver of any subsequent breach or default in the performance of the same or any other covenant, condition or term hereof.
15. CHANGE OF TERMS: All items of this agreement, including without limitation, monthly rental, conditions of occupancy and changes are SUBJECT TO CHANGE UPON THIRTY (30) DAYS PRIOR WRITTEN NOTICE to Tenant. If changed, the Tenant may terminate this agreement on the effective date of the change by giving Owner THIRTY (30) days prior written notice to terminate. If the Tenant does not give such notice, the change shall become effective and apply to his occupancy.
16. RECOVERY OF ATTORNEY’S FEES AND COSTS: In the event any action be instituted or other proceedings taken to enforce any term, covenant or condition herein contained or to recover any rent or charge due or to recover possession of the space or facility for any default or breach of this rental agreement by Tenant. Tenant agrees to and shall pay Lessor’s reasonable attorney’s fees, costs, and expense in connection therewith.
17. INDEMNIFY AND HOLD HARMLESS: The Tenant agrees to indemnify and hold harmless the Lessor from any and all costs, disbursements, expenses (including attorney’s fees), demands, claims, actions, or causes of action arising directly or indirectly from this agreement or any renewal or extension thereof.
18. SUBLETTING OR ASSIGNMENT: No subletting of the space or any portion thereof or assignment of this agreement may be made by Tenant without having written permission of Lessor in advance.
19. CHANGE OF ADDRESS: IT SHALL BE THE DUTY OF THE TENANT TO FURNISH THE LESSOR NOTIFICATION, IN WRITING, AT LESSOR’S ADDRESS PROVIDED HEREIN, OF ANY CHANGE OF ADDRESS OR PHONE NUMBER.
20. SEVERABILITY CLAUSE: If any part of this agreement for any reason is declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in full force and effect as if this agreement had been executed with the invalid portion thereof eliminated. It is hereby declared the intention of the parties that they would have executed the remaining portion of this agreement without including any such part, parts, or portions which may, for any reason be hereafter declared invalid.
21. SUCCESSION: All of the provisions hereof shall apply to, bind, and be obligatory upon the parties and their heirs, assigns, executors, administrators, representatives, and successors of the parties hereto.
22. MICHIGAN LAW TO APPLY: This agreement and any action arising between the parties shall be construed under and in accordance with the substantive laws of the State of Michigan.
23. EXCLUSION OF ALL WARRANTIES: The agents and employees of Lessor are not authorized to make warranties about the space, premises, and facility referred to in this agreement. Lessor’s agents’ and employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by the Tenant, nor shall any of said statements be considered a part of this agreement. The entire agreement and understanding of the parties hereto is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, expressed or implied, ARE EXCLUDED from this transaction and shall not apply to the leased space, premises and facility referred to herein. It is further understood and agreed that Tenant has been given an opportunity to inspect, and has inspected the space, premises, and facility, and that Tenant accepts such leased space premises, and facility AS IS and WITH ALL FAULTS.
24. ENTIRE AGREEMENT CLAUSE: This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained therein. No amendment or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto, or unless such terms are modified pursuant to the provision of Paragraph 15 above.
25. HEADINGS: The headings of the various provisions of this agreement have been included only for the convenience of the parties and are not to be used in construing this agreement nor in ascertaining the intentions of the parties.
NOTICE TO TENANT: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT AND FULLY UNDERSTAND THE COVENANTS AND CONDITIONS CONTAINED HEREIN. KEEP A COPY OF THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. TENANT HEREBY ACKNOWLEDGES BY SIGNING THIS AGREEMENT THAT HE HAS READ, UNDERSTOOD AND ACCEPTS ALL THE TERMS AND CONDITIONS EXPRESSED IN THIS AGREEMENT, WHICH CONSISTS OF FRONT AND BACK PAGES.
