RENTAL AGREEMENT - made and entered into by and between MITCHELL & SONS STORAGE("Landlord") and [[CUSTOMER_NAME]]"Tenant"
In consideration of the obligation of Tenant to pay rent as hereinafter provided and in consideration of the performance by Tenant of the other terms, covenants and conditions of this month to month rental agreement Landlord hereby leases to Tenant and Tenant hereby takes from Landlord the [[UNIT_SIZE]] storage unit [[UNIT]] on the property of the Landlord located at 1217 Twp. Rd. 1153, Ashland, Ohio 44805. The initial term of this rental agreement may be more than one (1) month to provide for termination on the last day of a calendar month, in which case the monthly rental shall be prorated to cover the extended initial period. The security and clean-up deposit will be refunded if the storage unit is left in a clean and undamaged condition.
This rental agreement shall be automatically extended for the forthcoming month on the first day following the termination of this agreement as provided above, unless Tenant delivers to Landlord a "Written Notice of Tenant's Intention to Terminate" this agreement at least five (5) calendar days prior to the termination date set forth above. In the event Tenant vacates the space prior to such termination date, or without giving notice as herein provided, any prepaid rent and security deposit shall be kept and retained by Landlord as liquidated damages.
This rental agreement is made and entered into and the space leased to Tenant upon the following conditions and covenants:
1. RENTAL PAYMENT - Tenant shall pay rent in advance on the first day of each rental period. If not paid on or before the first day of the rental period payment will be deemed, Tenant will be allowed a 5 day grace period, after the 5th day there will be a $5.00 per month late fee assessed. A charge of $30.00 will be made for each check returned by the bank for any reason.
2. USE - The space shall be used and occupied only by Tenant, and only for the purpose of storing personal property. Space shall not be used for any purpose or in any manner which violates city, state, or national laws or for the storage of any explosive or highly flammable material or hazardous materials. (Gasoline and other highly flammable liquids in barrels, "jerry cans" and other such containers shall not be permitted.)
3. DEFAULT - Upon the failure of Tenant to pay the rent in advance as aforesaid, or to comply with any of the terms and conditions of the rental agreement or of the rules and regulations, the Landlord may declare this lease forfeited at landlord's discretion by giving written notice of such forfeiture to the Tenant. Landlord, its agents and employees shall have the power to enter and hold, occupy and repossess the space, using force and breaking locks, if necessary. Failure by Landlord to enforce one or more of the remedies herein provided for upon in the event of default shall not be deemed or construed to constitute a waiver of such default, or of any other violation or breach of any of the terms, provisions and covenants herein contained.
4. REMOVAL OF PROPERTY - In the event that Landlord reenters and takes possession of the space pursuant to paragraph 3 hereof or in the event that this rental agreement terminates for any reason and if the property stored by Tenant in the space is not removed within ten (10) days after written notice to the Landlord the right to remove such property from the space and relet the space. Upon taking possession of such property, Landlord shall notify Tenant in writing of such removal of Tenant's property, and the place where such property is stored. Upon payment of the storage fee, Tenant may recover such property. If such property is not recovered by Tenant and such storage fee paid within thirty (30) days after the mailing of such notice, Landlord may dispose of such property by public or private sale and retain the proceed thereof as liquidated damages.
5. ABANDONMENT - Tenant shall not abandon the space at any time during the term of this Agreement. If Tenant shall abandon the space or be dispossessed by process of law, or otherwise, then Landlord, its agents and employees, shall have the right to take immediate possession of, the rented said space using force and breaking locks, if necessary.
Landlord and Tenant agree that in the event a notice to terminate the tenancy has been given by Landlord to Tenant and Tenant has no occupied the space for ten (10) days prior to said notice of termination and has not paid any portion of the rent due for said period, then the Landlord may reenter and take immediate possession of said space using force and breaking locks, if necessary, consider the tenancy terminated and relet the space.
6. INSPECTIONS AND ENTRY - Landlord, its agents and employees, may, at any reasonable time, enter the space for purposes of inspection, maintenance or repairs. In the event of any emergency, Landlord, its agents and employees and any other appropriate persons may enter the space, using force and breaking locks, if necessary.
7. ALTERATIONS - Tenant shall not make any alterations, apply paint or other decorative materials, display signs or other identification nor attach anything to the interior or exterior of the space nor elsewhere on premises without the prior written consent of the Landlord.
8. OPERATING POLICIES - Tenant shall obey and abide by all operating policies of Landlord regarding the space and the premises, as such are now in effect or as they may be hereinafter adopted or amended. Said policies are hereby incorporated herein and made a part hereof and any breach by Tenant of such policies shall be deemed to be a breach by Tenant of the terms of this rental agreement
9. SECURITY INTEREST - As a further consideration and to secure the obligation of any unpaid rent or other charges due Landlord, Tenant hereby grants landlord a security interest, as defined in Ohio Revised Code Chapter 1309, in and to any and all personal property and/or goods of Tenant in and upon the premises. In the event Tenant shall comply with all terms and conditions of the agreement, then such security interest shall be null and void: otherwise to remain in full force and effect.
10. NOTICES - Notice shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, postate prepaid, certified main, return receipt requested, addressed to the Landlord at the address set forth in paragraph 1 of this agreement or addressed to the Tenant at the address on file.
11. CLEANING - Upon vacating the space Tenant agrees to clean the space thoroughly or to pay Landlord for the cleaning necessary to restore the space to its condition when Lessee's possession commenced, natural wear and tear excepted.
12. RELATIONSHIP OF PARTIES - Assignment and Subletting. It is understood and agreed by the parties hereto that no provision of this rental agreement or any act of the parties hereto shall be deemed to create any bailment or any relationship between landlord and Tenant other than the relationship of lessor and lessee. This rental agreement shall in no event be construed as a conveyance by landlord of any estate in land, and Tenant shall have no right to assign this agreement or to sublet the space.
13. INSURANCE AND INDEMNITY - Any insurance which may be carried by Landlord or Tenant against any loss or damage to the buildings on the premises, the space or its contents and other improvements situated on the premises shall be for the sole benefit of the party carrying such insurance and under the sole control of such party. Each of the parties hereto hereby waives their respective right of subrogation against the other party. Landlord shall not be liable to Tenant or to any other person for any loss, injury or damage to Tenant, any employee, agent, or guest of Tenant, to the personal property of Tenant or any other person, arising from any cause whatsoever including, without limitation, any acts of negligence, improper construction or failure to repair any building or improvements on the premises. Tenant hereby agrees to indemnify and hold Landlord harmless from and against any damage caused by any act or omission by Tenant, employees, agents or guest of Tenant or caused by the use of the premises by Tenant.
14. CANCELLATION - Landlord shall have the sole and exclusive right to terminate this rental agreement for any reason by giving Tenant ten(10) days advance written notice of such termination.
15. SUCCESSORS AND ASSIGNS - This agreement shall be binding upon and insure to the benefit of the landlord and Tenant and their respective heirs, executors, administrators, legal representatives, successors and assigns.