Rental Agreement

Tenant Information

Lessee:(Required)
Address:(Required)

Dates and Charges

Mail Payments to:

U-Store, Inc.
P.O. Box 1393
Clarksburg, WV 26302

Billing Inquiries Please Call: (304) 622-8292
Late Charge(s): $20.00
THIS RENTAL AGREEMENT, hereinafter referred to as "Agreement" is made this day designated above as the "Transaction Date" by and between U-STORE, INC., a Pennsylvania corporation, hereinafter referred to as "Lessor," party of the first part, and the undersigned, hereinafter referred to as "Lessee," party of the second part.

WITNESSETH, that for and in consideration of the rent to be paid and the covenants, conditions and agreements by and on the part of each of them to be kept, observed, and performed as hereinafter provided, the Lessor and the Lessee covenant and agree with each other as follows, to-wit:

1. TERM. The term of this Agreement shall commence on the above "Transaction Date" and extend for a term of one (1) month and shall continue on like terms automatically from month-to-month thereafter, unless terminated as provided herein; provided Lessor has the absolute right to refuse to accept the renewed and/or extension of the Agreement for any cause or reason.

2. SPACE RENTED; CONDITION AND USE. Lessor demises, leases and lets the space represented by the unit number designated herein so the Lessee may store his/her personal property in said space. Lessee assumes responsibility for having examined the premises and hereby accepts it "as is and without faults" and as being in good order and condition. Space sizes are approximate and for comparison purposes only. No property shall be placed in the rental space unless Lessee is the legal owner thereof, or Lessee has the legal right to possess such property and the legal right to place such property in the rental space. Lessor is under no duty to maintain any records of the property contents so placed.

3. NOTICE OF LIEN; ENFORCEMENT. Lessor has an immediate lien on all personal property stored within the leased space for agreed rent, labor, late fees, and other charges and for expenses reasonably incurred in the property's sale or disposition. The lien attaches as of the date the personal property is stored within the leased space and remains a lien until the Lessee has satisfied the terms of this Agreement. Lessee is specifically advised that 1) any personal property stored within the leased space may be sold to satisfy the lien if the Lessee is in default continuously for a period of 30 days; 2) personal property stored in the leased space may be towed or removed from the storage facility if the personal property is a motor vehicle, trailer, or watercraft and the Lessee is in default for 60 consecutive days; and 3) a sale of personal property stored in the leased space to satisfy the lien if the occupant is in default may be advertised two times preceding the date of sale in a newspaper of general circulation, which serves the area where the self-service storage facility is located and will notify you by e-mail at:
Notices under this Agreement will be sent to the Lessee email address entered in the Tenant Information section above.
In addition, the sale may be advertised in other locations that the Lessor so chooses including on social media and online website(s). See Pa St 73 P.S. § 1904 and 1907.
4. NO HABITABLE OCCUPANCY. The space shall not be used for a residence or other living quarters 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.

5. RENT. Lessee shall pay unto Lessor as rent for the said demised space the rent amount designated above, monthly in advance on the day of each month shown above as the "Transaction Date."

6. FEES AND COSTS. Lessee shall pay the actual cost for any "Returned Check Charge" on any returned checks. Further, Lessee shall be obligated to pay a "Late Charge" of twenty dollars ($20.00) per month for all rent not paid on or before the sixth (6th) day after each monthly due date.

7. PERFORMANCE DEPOSIT. At the time of the execution of this Agreement, Lessee shall deliver to Lessor a "Performance Deposit" equal to one (1) months' rent. In the event the rent to be paid hereunder is increased at any time during the term of this Agreement, Lessor at its option may require an additional performance deposit based upon the amount of increase of said rent. This deposit shall be returned by Lessor to Lessee upon termination of this Agreement, after setoff for an delinquencies, or cleaning or repair costs to the unit rented hereunder or to Lessor's premises.

8. CHANGE OF TERMS. All of the terms of this Agreement are subject to change by the Lessor upon fifteen (15) days' written notice to the Lessee and shall become immediately effective thereafter; provided, the Lessee may terminate this Agreement, based upon his objection to the changes proposed by the Lessor, upon fifteen (15) days written notice to the Lessor.

9. ACCESS. Access is permitted to the storage facility and the subject unit only during posted hours. Lessor may deny and continue to deny access to the unit until all rent and other charges not received by the twentieth (20th) day after the rental due date have been paid in full.

10. LIMITATION OF VALUE. Lessee agrees not to store property with a total value in excess of $5,000 without the written permission of the Lessor. If such written permission is not obtained, the value of Lessee's property shall be deemed not to exceed $5,000. Lessee is required to provide Lessor proof of insurance if property stored has a total value in excess of $5,000.
11. LOCKS. Lessee understands and agrees to lock the storage space. If the space is found unlocked, Lessor may, but is not obligated to, take whatever measures Lessor deems reasonable to re-secure the space, with or without notice to Lessor. Lessor makes no warranty of any kind with respect to any lock which Lessor may sell as a convenience to Lessee, nor does any such sale of a lock to Lessee increase the liability of Lessor to Lessee hereunder.

12. HAZARDS AND PROHIBITED ACTIVITIES. Lessee agrees to keep and maintain the rental unit at all times in a good, clean, safe and sanitary condition and in a good state of repair, and Lessee acknowledges that the storage of any inflammable, chemical, odorous, explosive, combustible, noxious or other inherently dangerous materials or objects of any items which shall be in violation of any order, regulation or requirement imposed by the Board of Health, Sanitation, Police or Fire Departments or other appropriate governmental body in the rental space is strictly prohibited. Lessee shall not use or permit use of the rental space for any unlawful purpose nor do any act or cause or permit to be done any damage or any act which creates or may create a nuisance in or upon or connected with the rental space or premises during the term of this Agreement or an renewal or extension thereof. Without prior written consent of Lessor, Lessee is prohibited from (a) painting or decorating in the unit, or marking, cutting, drilling into, driving nails or screws into or in any way defacing any part of the unit or premises; (b) making installations, alterations or additions to the premises; (c) erecting signs or other advertising materials; (d) operating any gas or electrical device in the unit. Lessee acknowledges that Lessor does not intend to furnish utilities to the unit, and Lessor shall not be liable in any respect for not furnishing utilities hereunder. Lessee shall not hinder or interfere in any way or permit others to so hinder or interfere with the use or enjoyment of the premises or of any space rented by other lessees.

13. RIGHT TO INSPECT. Lessor or Lessor's representatives shall have the right to destroy Lessee's lock and enter without notice into and upon the rented unit for the purpose of inspecting, protecting, or repairing the rental space when such action is deemed necessary by the Lessor. Lessor shall also have the right to remove Lessee's property to another unit.

14. PROTECTION OF LESSOR. Lessee will protect, indemnify and save Lessor harmless of and from any and all actions, suits, claims, demands, liabilities, damages and losses whatsoever arising or to arise out of or in connection with (a) the placement of any prohibited substances or object in the rental space (b) the action or failure to act of the Lessee or any agent, invitee, family member or other person authorized to act on behalf of the Lessee, (c) the use an occupancy of the herein demised rental unit. This indemnification specifically includes without limitation the payment by Lessor of all attorneys' fees and other costs involved in the investigation or defense, or both, of any such actions and suits or the threat of any such actions or suits.

15. DEFAULT. This Agreement is made upon the condition that if Lessee is in default of payment of said rent or any installment, when and as the same becomes due and payable, and such default shall continue for a period of twenty (20) consecutive days, or in the event Lessee shall fail to keep, observe and perform all of the covenants, conditions, and terms in this Agreement contained by and on its part to be kept, observed and performed, and such default shall continue for a period of twenty (20) days, then and in any such event, Lessor at its option, in addition to any other liens and remedies provided by law, may exercise the following remedies: (a) terminate this Agreement; and (b) refuse Lessee or any other person access to the rental space. In the event the default continues for a period of thirty (30) consecutive days then the Lessor, at its option, may (a)) take possession of, remove, and relocate all of Lessee's property in the rental unit without being deemed guilty in any manner of trespassing or conversion, or taking care, custody and control of the said property or (b) may proceed with a sale of the property in the rental unit as set forth above under Paragraph 3. This Agreement shall be deemed to be terminated as of the date of and sale or disposition of Lessee's property authorized by this Agreement. All rent to be paid by the Lessee to Lessor shall be deemed and treated as rent reserved upon contract by Lessor, and Lessor shall have all the rights and liens of a landlord under the laws of the Commonwealth of Pennsylvania for the collection of the said rent. Lessee affirmatively understands and agrees that NOTICE OF DEFAULT MAY BE GIVEN BY ELECTRONIC MAIL to the e-mail address provided in Paragraph 3 above.
16. TERMINATION. This Agreement may be terminated by either party for any reason on fifteen (15) days written notice to the other party. In the event that Lessee shall continue in occupancy of the space rented hereunder after termination or the expiration of the term hereof, Lessee shall be deemed to be a "hold over" tenant, and such occupancy shall not be deemed to extend or renew the term of this lease, but such occupancy shall continue as a tenancy from month-to-month upon the terms, covenants, conditions and provisions herein contained at the rental rate in effect during the last lease month of the term hereof. Any amount required to be paid hereunder shall be deemed to be liquidated damages and not a penalty. Prior to vacation of the premises, Lessee shall accompany Lessor or its agent to inspect the empty rental unit. Lessee shall be deemed to be in possession of the rental unit until such time as Lessor shall have inspected and approved the rental unit and all rental and other charges shall have been paid. Any equipment, fixtures, goods or other property of Lessee not removed by Lessee upon termination of this Agreement or upon any quitting, vacating or abandonment of the leased premises by Lessee or upon Lessee's eviction, shall be subject to all remedies under the law for lien enforcement set forth in Paragraph 13 above.

17. NONWAREHOUSE BUSINESS. The Lessor is not engaged in the business of storing property for hire or profit, nor is it in the warehouse business. Lessor is in the business of leasing space to others as a self-service storage facility. Only a landlord-tenant relationship exists between Lessor and Lessee, and the parties agree that the Lessor is not a "bailee," and that Lessor has absolutely no duty or obligation to perform with respect to the contents of the rental unit and has no care, custody and control over the contents of such rental space. The Parties further agree that the Lessee, his/her agents or guest shall handle Lessee's own property completely at the Lessee's own risk and peril, and Lessor assumes no responsibility in connection therewith. In the event any employee of Lessor, at the request of Lessee, consents to perform any service, including but not limited to acceptance of deliveries and handling or routing of Lessee's property, Lessor and its employees shall be deemed to be agents or employees of the Lessee, and shall not be deemed to be acting as agents or employees of the Lessor for any purpose, regardless of whether or not payment for such services is made, and Lessee will protect, indemnify and save Lessor harmless of and from any and all actions, suits, claims, demands, liabilities, damages and losses whatsoever arising or to arise out of or in connection with performance of any such services.

18. RELEASE OF LIABILITY. Lessee understands that all personal property stored within or upon the storage facility shall be at Lessee's sole risk. Lessee acknowledges that Lessor carries no insurance which in any way covers any loss whatsoever to persons or properties that Lessee may have or claim by renting the storage space herein or by using Lessor's premises. Lessor shall not be liable to the Lessee or Lessee's invitees, family, employees, agents or other third parties working for or on behalf of the Lessee for any personal injuries or damage to personal property caused by any other party on said premises. Lessor shall not be liable for personal injuries or property damage to any person or property, nor shall Lessor be liable for any loss occasioned by or resulting from theft, vandalism, fire, water, hurricane, rain, explosion, any loss resulting from failure, interruption or malfunction of appliances, equipment, or fixtures, including but not limited to alarm systems which may be furnished hereunder, any act of God, or any other cause whatsoever.

19. ADDITIONAL LIMITATION on LIABILITY. An owner (the Lessor) shall not be liable to an occupant (Lessee) or a third party for the removal or sale of personal property which is not the property of the occupant (Lessor) or upon which a prior lien has attached, unless notice shall have been given to the owner by the occupant that the property placed in the leased space was not that of the occupant.

20. INSURANCE. Lessee understands that he/she is required to maintain a policy of fire, extended coverage endorsement, burglary, vandalism, malicious mischief, and/or other applicable renters insurance for the actual cash value of stored property for any loss. Insurance on Lessee's property is a material condition of this Agreement and is for the benefit of Lessee and Lessor. Failure to carry the required insurance is a breach of this Agreement and Lessee assumes all risk of loss to stored property that would be covered by such insurance.

21. SUBLEASE OR ASSIGNMENT. Lessee shall not sublease or assign any portion of the space rented hereunder or any rights under this Agreement, without prior written consent of Lessor.

22. SUCCESSORS, HEIRS AND ASSIGNS. This Agreement shall be binding upon the parties hereto and their respective successors, heirs, and assigns and shall be executed in duplicate, one copy thereof to be retained by each party, and each such copy shall be considered for all purposes as an original thereof. The foregoing notwithstanding, nothing herein is intended to confer "Third-Party Beneficiary" status upon any other party.

23. SEVERABILITY. In the event any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect the other provisions of this Agreement, which shall be construed and remain in full force and effect without the conflicting provision.

24. CONSTRUCTION. This Agreement is being delivered and is intended to be performed in the Commonwealth of Pennsylvania and shall be construed and enforced in accordance with the laws of such state.

25. NOTICES. All notices, requests, demands and other communications hereunder shall be in writing and except as otherwise provided herein shall be deemed to have been duly given, whether actually received or not, when delivered or mailed first class, postage prepaid, addressed as provided hereinabove, or as otherwise provided in writing subsequent to the execution of this Agreement. Lessee shall notify Lessor, in writing by certified mail, return receipt requested, within fifteen (15) days of any change of the Lessee information provided above.

26. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and no amendment or alteration of the terms hereof shall be binding unless modified pursuant to the provisions of Paragraph 5, or agreed to in writing, subsequent to the date hereof.

27. TIME OF THE ESSENCE. Time is of the essence of this Agreement and each of the provisions hereof.
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