LEASE AGREEMENT
1.) Lessee hereby deposits with the Lessor the sum of
$_0.00_ representing a deposit to be held by the Lessor and to be returned to
the Lessee upon the termination of the lease provided the leasehold premises
are returned to the Lessor in the same condition as such existed at the
commencement hereof and provided payment has been made for all accrued rental
for the premises. Lessee agrees that the Lessor need not segregate this
deposit from all other funds, and that no interest will be due for the period
of time during which the deposit is held. Any security deposit due Lessee will
be remitted within twenty (20) business days after proper termination of the
rental agreement.
2.) This is a month to month lease that can be terminated at the end of any
monthly period by either party providing at least ten (10) days written notice
to the other party. No refund will be given for any unused portion of a
monthly rental period. Lessee must leave unit clean and undamaged. Lessee's
account will be charged for any repairs or cleaning required.
3.) Lessee is to provide his/her own lock at his/her own expense. If the lock
is removed from the leasehold premises, this will serve as notice to Lessor
that Lessee has terminated this agreement.
4.) This agreement shall be governed by the provisions of the S 182 of the
Lien law for the State of New York. Lessee agrees that Lessor does not become
Bailee, Warehouseman or Storer of any property that may be stored in the
leasehold premises, and Lessor does not accept control, custody, or assume any
responsibility for the care of the Lessee's property. Lessor shall not be
required to keep, maintain or file any list or inventory of any property
stored by Lessee in the leasehold unit. Lessee understands and agrees that
Lessor is not responsible for Lessee's property in storage and the Lessee will
provide for his/her own insurance if Lessee desires such coverage.
5.) Limitation of damages - In event of any loss of damage to goods stored in
the self-storage facility referred to herein, the Lessor shall be responsible
only for such loss or damage as was occasioned by its gross negligence. In
such event, the liability of the Lessor shall not exceed the sum of $50.00.
6.) Except as otherwise stated above, all personal property stored within or
on the premises by Lessee shall be Lessee's sole risk. Lessor and Lessor's
agents shall not be liable to Lessee for any damage to, or loss of, personal
property or personal injury arising from any cause whatsoever including, but
not limited to, burglary, fire, water damage, mysterious disappearance,
rodents, Acts of God or the active or passive acts or omissions or negligence
of Lessor or Lessor's agents. Lessor, Lessor's agents and employees shall not
be liable to Lessee for injury or death as a result of Lessee's use of his/her
storage space of the premises, even if such injury is caused by the active or
passive acts, omissions or negligence of Lessor, Lessor's agents or employees.
7.) Lessor shall have the right to enter leasehold unit/units at any time of
emergency or otherwise at reasonable times for purposes of inspection, repair,
and if necessary, Lessor shall have the right to move contents of leasehold
premises to another self-storage unit.
8.) Lessee herby agrees that Lessor shall have a lien and enforcement
provisions pursuant to S 182 of the Lien Law of the State of New York. Said
Law provides as follows: "LIEN. The owner (Lessor) of a self-storage facility
has a lien upon all personal property stored at a self-storage facility, for
occupancy fees and other charges, present and future, in relation to the
personal property of and for expenses necessary for its preservation or
expenses incurred in its sale or other disposition pursuant to late and any
other charges pursuant to the occupancy agreement. The lien provided for in
this section is superior to any other lien or security interest. The lien
attaches as of the date the personally property is brought to the self-storage
facility."
In the course of Lessor exercising his lien rights if he has to inventory
Lessee's property, Lessor will charge a fee of Fifty Dollars ($50.00) per such
inventory or the conduct of any auction-related activity of Lessor or any of
the Lessor's employees.
Lessee agrees that; should a default in payment of rent occur after rent
becomes due, Lessee hereby authorizes Lessor to seize and take possession of
leasehold premises by placing Lessor's lock thereon. Should default in payment
of rent continue ten (10) days after notice of default payment is given to
Lessee at the address shown herein, Lessor is authorized to remove Lessee's
lock and to sell contents of leasehold premises at public or private sale and
to apply the proceeds to the payment of rent and other sums due Lessor,
including cost of sale, with balance of proceeds if any, to be paid to Lessee.
Lessee shall remain liable for any deficiency remaining after such sale of
contents. In event of lien enforcement as prescribed above, Lessor will not be
liable to Lessee in case of any loss or damage to goods as a result of such
enforcement.
If Lessee is serving in active duty during this lease, Lessee must notify
Lessor immediately. In such circumstances the NYS Law § 316-a shall be
complied with. NYS Law § 316-a: Protection of assignor of life insurance
policy; enforcement of storage liens. No person shall exercise any right to
foreclose or enforce any lien for storage of household goods, furniture, or
personal effects of a person in military service during such person's period
of military service and for three months thereafter except upon an order
previously granted by a court upon application therefore and a return thereto
made and approved by the court; provided, however, within thirty days of such
person's return from military service, he or she shall provide notice to the
individual or entity providing for the storage of his or her household goods,
furniture or personal effects. In such proceeding the court may, after a
hearing, in its discretion, on its own motion, and shall, on application to it
by such person in military service or some person on his or her behalf, unless
in the opinion of the court the ability of the defendant to pay the storage
charges due is not materially affected by reason of his or her military
service:
(a) stay the proceedings as provided in this article; or
(b) make such other disposition of the case as may be equitable to conserve
the interest of all parties.
9.) Lessee shall pay a late charge
of $10.00 in the event rent is not paid within ten (10) days of due date. If
rent on unit is late, payments made will first be applied to late fees and/or
any other charges and the remaining monies will be applied to the monthly
rent. If rent is 20 days past due, Lessor will double lock the unit and such
lock will not be removed until past due rent and late charges are paid in
full.
10.) Notices. All notices required by law, or the
Agreement, may be sent to the Lessee at any of the addresses given by Lessee
above, by first class mail, postage prepaid, and shall be deemed given when
deposited in the United States mail. Lessee agrees that any such notice is
conclusively presumed to have been received by Lessee five days after mailing,
unless returned to Lessor by postal service. Lessee is responsible for
notifying Lessor in writing of the change of any addresses and phone numbers
given by Lessee. Owner shall not be presumed to have received notice of change
of address unless in writing by Lessee, and sent to Lessor at Lessor's address
given in this Agreement, by first class mail, postage prepaid. Any terms of
this Agreement may be changed by Lessor by giving of writing notice by United
States mail as provided in this paragraph ten (10) days prior to the
expiration of any month.
11.) Indemnification: Lessee will indemnify, hold
harmless, and defend Lessor from all claims, demands, actions or causes of
action (including attorney's fees and all cost) that are hereafter brought by
others arising out of the Lessee's use of the premises, including claims for
Lessor's active negligence.
12.) Lessee shall not store any improperly packaged
food or perishable goods, flammable materials, explosives, contraband,
ammunition, live animals, goods which emit odors, drugs, controlled
substances, hazardous and or toxic waste
or other pollutants, nor perform any welding or inherently dangerous activity
on the premises. Lessee may not live in the unit nor use the unit to operate a
business from. Lessee acknowledges and agrees that the premises and facility
are not suitable for the storage of heirloom, or precious, invaluable, or
irreplaceable property. Lessee agrees that the value of any such item shall
not exceed for any purposes that salvage of the raw material of which the item
constituted.
