Terms and Conditions
USE OF SPACE: Occupant is renting storage space solely for the purpose of storing personal property and is solely responsible for loading and unloading Occupant’s personal property into and out of the storage space. Loitering in the storage space or on the common areas of the property is prohibited. Owner exercises neither care, custody nor control over Occupant’s stored property. Owner is not engaged in the business of storing goods for hire and no bailment is created under this Rental Agreement. Occupant agrees to use the storage space only for the storage of property wholly owned by the Occupant. Occupant waives any claim for emotional or sentimental attachment to the stored property.
LIMITATION OF VALUE: Occupant agrees not to store property with a total value, however property value may be measured, in excess of $5,000 per storage space without the written permission of the Owner. If such written permission is not obtained, the value of Occupant’s property shall be deemed not to exceed $5,000. Nothing herein shall constitute any Rental Agreement or admission by Owner that Occupant’s stored property has any value, nor shall anything alter the release of Owner’s liability set forth below.
INSURANCE: Occupant shall maintain at Occupant’s expense a policy of fire, extended coverage endorsements, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Insurance on Occupant’s property is a material condition of this Rental Agreement and is for the benefit of both Occupant and Owner. (Owner’s insurance does not cover contents in storage spaces.) Failure to carry the required insurance is a breach of this Rental Agreement and Occupant assumes all risk of loss to stored property that would be covered by such insurance. Occupant expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of Occupant against Owner, Owner’s agents or employees for loss of or damage to stored property.
ALTERNATIVE TO INSURANCE: Occupant may comply with the insurance requirement of this Rental Agreement by participating in the Tenant Property Protection Plan offered by the Owner or by providing the Owner with the Declaration page from Occupant's homeowner's insurance policy. (If Declaration page is not provided at time of rental, Occupant will be automatically enrolled in Property Protection Plan offered by the Owner.) The Tenant Protection Plan is not a policy of insurance. For additional rent, the Owner will assume liability for and pay certain losses to Occupant’s stored property resulting from Owner’s negligence and other causes that would otherwise be borne solely by the Occupant. An Occupant who participates in the Tenant Property Protection Plan is not required to maintain insurance on their stored property; however, Occupant may want addition insurance to have even more protection on stored property.
TERM & CANCELLATION: The term of this Rental Agreement is on a monthly basis, with payment beginning with the move-in date, which also shall be the monthly due date and each 30 days thereafter. Storage space is not considered vacated (and rent does not stop) until management can confirm that the storage space is empty and unlocked.
PAYMENT: Occupant agrees to pay the charges plus sales tax on or before the due date. If payment is over five (5) days past the due date, the Occupant shall be required to pay an additional $10.00 late charge per month and access code will be disabled. If payment is over 15 days past the due date, Occupant’s storage space will be overlocked and Occupant will be charged a $15 overlock fee. If payment is over 30 days past the due date, a lien fee will be charged. Owner requires that Occupant pay with cash, credit card or cashier’s check. No personal checks or online payments accepted after rent is 30 days past the due date
LIEN NOTICE: Pursuant to Florida law, your stored property is subject to a lien for unpaid rent and may be sold at auction if all rent and lien fees are not paid in full. Partial payments towards monies owed will not stop the lien process or remove the Occupant from the lien process.
MODIFICATION AND TERMINATION: Owner may modify the terms and conditions of this Rental Agreement, including a change in the storage rental charge, by giving Occupant written notice thereof at least ten (10) days before the termination or modification is to take effect. Owner may terminate this Rental Agreement by giving ten (10) days advance written notice to the Occupant. Owner may terminate this Rental Agreement immediately without advance notice if Occupant is residing in the storage space or causing any other unsafe condition.
RELEASE OF OWNER’S LIABILITY FOR PROPERTY DAMAGE: All personal property stored within or upon the storage space by Occupant shall be at Occupant’s sole risk. Owner and Owner’s agents and employees shall not be liable to Occupant or Occupant’s agents for any loss of or damage to any personal property at the self-storage facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearances, fire, water damage, rodents, insects, mold, mildew, acts of God, the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees.
RELEASE OF OWNER’S LIABILITY FOR BODILY INJURY: Owner and Owner’s agents and employees shall not be liable to Occupant, or Occupants guests, invitees, or employees for injury or death as a result of Occupant’s use of the storage space or the facility, even if such injury is caused by the active or passive acts of omission or negligence of the Owner, Owner’s agents or employees.
INDEMNIFICATION: Occupant will indemnify, hold harmless, and defend Owner 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 the Occupant’s use of the premises, including claims for Owner’s active negligence.
ABANDONMENT: In the absence of written notice to the Owner to the contrary, if all property is removed from the storage space for one day and if the Occupant has failed to make the monthly payment before the due date, or if the Occupant or someone acting on behalf of the Occupant has removed the lock from the storage space, the Occupant shall be deemed to have abandoned the premises, indicating a desire to cancel the Rental Agreement. After the lock has been removed by the Occupant or someone acting on behalf of the Occupant, Occupant releases in full any claims or demands against Owner concerning the use of the storage space and releases all rights, title and interest to any personal property located in the storage space.
ADDRESS CHANGE: It is agreed that the address of the Occupant is correct as shown on page 1 and shall be relied upon by the Owner as the Last Known Address of the Occupant. Occupant and Owner agree that the Occupant may change this Last Known Address only through written change-of-address notice to the Owner provided by hand delivery, first-class mail, e-mail, or through password-protected online access to the Occupant's account.
COMPLIANCE WITH LAW: Occupant’s use of the storage space shall comply with all federal, state and municipal laws and regulations. Occupant is prohibited from placing any materials in the storage space classified as hazardous or toxic under any local, state or federal law or regulation. Nor shall Occupant store any food items, perishable goods, seeds, carcasses, materials causing foul odors, or ammunition in the storage space or at the facility. Human or animal habitation is specifically prohibited. Failure to comply with the foregoing shall constitute a breach of this Rental Agreement. Owner may enter Occupant’s storage space at any time to remove and dispose of prohibited items.
RIGHT TO ENTER & INSPECT: Owner will have at all times the right to enter the storage space or spaces to view the same, to make any repairs (however, this provision shall not impose any obligation on Owner to make repairs), to ascertain if the provisions of this Rental Agreement have been or are being complied with, and to enforce the provisions of the Rental Agreement, including all rights or remedies. Further, Occupant grants Owner the right to remove any lock or other security device of Occupant securing the space without notice to Occupant if Occupant is in default under this Rental Agreement. Occupant agrees that Owner will not be responsible for any loss, theft or damage to any of Occupant’s goods which may occur after Occupant’s lock or other security device has been removed.
CONDITION OF PREMISES: Occupant agrees that the space or spaces that are the subject of this Rental Agreement and the premises are now in good condition and suitable for the purpose for which it is leased. Occupant shall make no alterations or additions to the leased space(s). Occupant understands that all storage space sizes are approximate and enters into this Rental Agreement without reliance on the estimated size of the storage space.
ASSIGNMENT AND SUBLEASE: Occupant shall not assign this Rental Agreement or sublet the whole or any portion of the storage space rented hereunder without the prior written approval of the Owner.
SEVERENCE OR UNENFORCEABLE PROVISIONS: In the event any provision of this Rental Agreement shall be held to be invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of this Rental Agreement
DENIAL OF ACCESS: Upon failure of the Occupant to pay the rent when it becomes due, the Owner will, after five (5) days from the date the rent is due, disable the Occupant's access code. If Occupant rents more than one storage space, Occupant's access code will be disabled for all storage spaces when one storage space is past due. If the rent remains unpaid after 15 days from the date the rent is due, Owner will overlock Occupant’s storage space. When Occupant subsequently pays all rent and other charges, Owner will then remove the denial of access devices during office hours.
COMMUNICATION WITH OCCUPANT: Occupant recognizes that Owner and Occupant are entering into a business relationship. As such, to the extent that any Federal or State law prohibits Owner from contacting Occupant by phone, fax, text, email or social media, Occupant hereby provides, as part of this Rental Agreement, written consent to phoning, faxing, emailing, texting and using social media to contact Occupant with business related communications, including automated calls or texts messages. If Occupant has provided the Owner with an electronic address, the Owner may communicate with Occupant on any written notices authorized or required under this Rental Agreement or by applicable law via electronic mail.
OCCUPANT'S LOCK: Occupant shall place a lock on the door of each storage space rented upon execution of the Rental Agreement and must keep the storage space locked during the entire tenancy. Occupany may only place one lock on each rented storage space. In the event Occupant fails to keep a lock on the door or Occupant's lock is broken or damaged, Owner shall have the right, but not the obligation, to place its lock on the storage space. Occupant shall indemnify and hold Owner harmless from and against any loss, cost or expense Owner incurs in connection with locking the storage space, including the cost of the lock. The lock must be removed upon vacating the storage space or rents and fees will continue to accrue.
ARBITRATION: All claims, controversies or disputes (whether arising in contract, tort or by statute) between or among Occupant and Owner and, for the purposes of this arbitration clause, the Owner of the facility (collectively, the “Parties”), including without limitation any claims, controversies or disputes arising out of or relating to: (i) this Rental Agreement (and any renewals, extension or modifications hereof); (ii) any related agreement, exhibit, instrument, addendum, supplement or other related document, including, but not limited to, the Tenant Property Protection Plan Addendum should Occupant elect or be deemed to have elected to purchase Property Protection (collectively, the “Related Documents”); or (iii) the transaction(s) or service(s) contemplated by this Rental Agreement or any Related Documents, including without limitation any claims, controversies or disputes concerning any alleged personal injury, tort, or statutory violation arising therefrom (each, a “Dispute”), shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, United States Code) conducted pursuant to the then-current commercial rules and procedures of the American Arbitration Association (“Arbitration”). Any question concerning whether a Dispute is arbitrable, or whether this arbitration clause (or any of its sub-parts) is valid and/or enforceable, shall be determined by the arbitrator(s). The Parties understand and agree that Arbitration of any Dispute pursuant to this section shall take place on an individual basis without resort to any form of class action and understand and agree that this class action waiver is an essential term of this arbitration clause. Arbitration shall be commenced by making written demand on the other Party by certified mail within the appropriate prescriptive periods (statute of limitations) set by law. The demanding Party must provide the other Party a demand for arbitration that includes a statement of the basis for the dispute, the names and addresses of the parties involved, and the amount of monetary damages involved and/or any other remedy sought. Arbitration shall occur in the county and state in which the facility is located unless the Parties mutually agree otherwise in writing and the arbitrator(s) shall apply the substantive law of the state in which the facility is located and enforce any releases or limitations of liability included in this Rental Agreement. Each Party shall bear its own costs and fees, including travel expenses, out-of-pocket expenses (including, but not limited to, copying and telephone), witness fees, and attorneys’ fees and expenses. The decision of the arbitrator shall be final and binding. For purposes of this arbitration clause only, in addition to Owner and Occupant, the term “Parties” shall include any parent, subsidiary, or affiliated entity of Owner involved in the performance, administration, management, or services contemplated by this Rental Agreement or any Related Documents, together with any officers, agents, employees, successors, or assigns of the foregoing entities. The Parties retain their rights to non-judicial remedies, such as foreclosure upon a lien. The Parties will not request arbitration in any claim that either Party brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, either party may then choose to arbitrate.
COMPLETENESS OF THIS RENTAL AGREEMENT: The making, execution and delivery of this Rental Agreement by the Occupant has been induced by no representations, statements, warranties or agreements other than those herein expressed. This Rental Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral in effect between the parties, relating to the subject matter thereof. Consult legal counsel if in doubt as to meaning.
Tenant Property Protection Plan Addendum
1) BASIC SERVICE: This storage facility provides you with a basic level of service pursuant to the terms and conditions of the Rental Agreement that you signed. Among other things the Rental Agreement states: a) Your property is stored at your sole risk of loss or damage. b) The Owner is not liable for loss or damage to your stored property. c) You have or will obtain insurance or will be self-insured. Note: Owner retains an administrative fee for administering Tenant Property Protection Plan.
2) LOSSES PROTECTED AGAINST BY OWNER: In consideration of monthly fee selected below, in addition to monthly rent, the Owner assumes liability for loss of or damage to Occupant's property stored within the storage space identified in the Rental Agreement you signed, up to the protection limit selected on the Tenant Property Protection Addendum for losses caused by the following: a) Fire, explosion, smoke, hail or riot. b) Burglary is covered provided there is a visible sign of forced entry. Burglary losses must be reported to the police and facility management. C) Roof leak or water damage. Please Note: Loss or damage caused by flood, surface water, underground water or water that backs up through or overflows from a sewer, drain or sump is not covered. Flood insurance is available through the U.S. Government and National Flood Program. d) Windstorm that first causes damage to the building. e) Collapse of the building where your property is stored. F) Rodent damage is covered up to $500.
3) LIABILITY NOT ASSUMED BY OWNER: The Owner will not pay for damage to Occupant's stored property caused by the following: a) Flood, surface, or tidal water, underground water, storm, surge, waves, or any body of water overflow; water back up, overflows from a sewer, drain or sump. b) Mold, mildew, or wet or dry rot. c) War or military action, invasion, act of foreign hostility, acts of terrorism declared or undeclared, civil commotion, rebellion, loss due to an act of civil authority. d) Nuclear reaction, radiation or radioactive, biological, chemical, contamination, pollution or smoke (off premises smoke), electromagnetic disruption, computer virus or processes, pressure waves aircraft/aerial devices. e) Loss or damage resulting from unknown or mysterious disappearance. f) Moths, insects, rodents, or vermin damage (covered up to $500). g) Loss from theft without forcible and violent signs of entry into a securely locked space and accompanied by a police report. h) Consequential loss of any kind or description. i) Loss or damage from earthquake. j) Loss or damage occurring during loading and/or unloading and/or not contained within the storage space at the time of the loss. k) Water damage to the above items if stored directly upon a concrete floor or in cardboard boxes stored directly upon the concrete floor. l) Damage from floor surface water or moisture.
4) PROPERTY THAT OWNER WILL NOT REPAIR OR REPLACE AND OCCUPANT SHOULD NOT STORE: Property we will not pay to have repaired or replaced or pay for if lost or damaged: a) The Owner will not pay for loss of or damage to goods in the open and not in a locked fully enclosed storage space. b) Motor vehicles, boats, or other property if stored outdoors. c) Consumer and commercial electronic items exceeding Protection Plan stated limits of this addendum. d) Money, travelers' checks, money orders, stamps, accounts, deeds, papers, bills, accounts, evidence of debt, notes, or securities. e) Jewelry, watches, precious or semi-precious stones, and stamps (not exceeding $500 combines total and only with a certificate of authentication). f) Furs, antiques, works of art, mobile phones, perfumery, wines, cigars, spirits and the like will not exceed the protection plan limits selected and only with validation by a certificate of authentication for the items or receipt. g) Animals, food, firearms, ammunition, explosives, flammables & combustibles. h) Goods stored that are deemed to be stolen from others or otherwise contraband and illegal. i) Any goods you are not permitted to store under the terms of the Occupancy Rental Agreement. j) Loss of stored data records other than the cost of blank data carrying materials.
5) FAILURE TO PAY RENT: If rent is not received on the due date, Occupant's participation in the Tenant Property Protection Plan shall terminate and Owner shall not be liable for loss of or damage to Occupant's stored property from any cause whatsoever. At Owner's sole discretion, Occupant's participation in the Tenant Property Protection Plan may be reinstated upon payment of all rent and other charges due and owing.
6) THE AMOUNT OWNER WILL PAY IF THERE IS A LOSS: Owner will pay the lesser of the actual amount you pay to repair the lost or damaged item(s) or to replace them with property of similar quality. In no event will Owner pay more than the Protection Limit elected on the Tenant Property Protection Plan Addendum. a) Household linens, bedding components, clothing, finished furniture items: Owner will not pay new replacement and will take into consideration age, quality, degree of use, and market value of any lost or damaged item(s). b) Documents: Where there is loss of or damage to documents NOT stored on the concrete floor, Owner will pay the reasonable cost of reprinting and/or research costs of reissue and/or reconstitution including, where applicable, fresh research or exploration to obtain essential information. c) Pairs & sets: Where any items are part of a pair or of a set, payment shall only be for the actual item lost or damaged. No payment will be made for any items which are part of a pair or set not lost or damaged.
7) YOUR DUTIES IN EVENT OF A LOSS: Any losses which result from burglary, vandalism, malicious mischief or vehicle collision must be reported to the police in the jurisdiction where the loss occurs, and to the management of this storage facility.
8) THE RENTAL AGREEMENT, Participation Termination, and Modifications to Protection Plans: a) All terms and conditions of the Rental Agreement not specifically modified by this addendum are in effect and binding on both Owner and Occupant. b) Participation in this Protection Plan is NOT required as a condition of leasing a storage space at this facility. Participation in this Protection Plan may be canceled by Occupant upon ten (10) days written notice to Owner. This Protection Plan may be cancelled by Owner with a thirty (30) day notice to Occupant (unless terminated earlier by rent non-payment or abuse of risk terms to receive unduly gain). c) The terms and conditions of this Plan are subject to change at the option of the Owner upon thirty (30) days prior written notice. If changed, the Occupant may terminate the Protection Plan on the effective date of change by giving the Owner (10) days prior written notice to termination after receiving change notice. d) If the Occupant purchases a Protection Plan the next month, the change shall become effective on the date stated in the Owner's notice and shall apply thereafter. The Occupant must notify Owner if there is any change to the PROTECTION PLAN LIMIT, otherwise Occupant warrants that the value is accurate.
9) Time Limit for Notice and Filing a Claim with Tenant Property Protection ("TPP") a) Notice of loss and/or damage must be made to Owner at the time of the discovery of loss or damage to your property or at the time of the removal of your property from the storage space, whichever is the soonest. All claims must be submitted in 30 days to be honored. b) Cooperation: As a condition to any payment under the Protection Plan Addendum, Occupant must cooperate with any licensed adjuster appointed by Owner to review Occupant's alleged loss or damage. c) Please visit tppclaims.com for online claims handling and instructions. A toll-free number is provided at this site.
Neither the Owner nor the leasing representative (manager) is an insurance agent. This is not an insurance policy and the Owner is not an insurance company. The Owner shall perform the obligations described in this Tenant Property Protection Plan Addendum. The Owner assumes this business risk on its own but may purchase insurance coverage to transfer part or all of the liability retained under this Protection Plan.