DIRECT MINI STORAGE - LEASE AGREEMENT
Facility Address: 2715 Pleasant Street – Eau Claire, WI 54701 – 715-836-8000
Office Address: 2645 Harlem Street Suite 1C – Eau Claire, WI 54701 – 715-836-8000
Storage space Information:
Brief Description of the property being stored
NOTICE OF LIEN: Pursuant to Wisconsin law the Operator has a lien on Lessee’s stored property for rent and other charges. Operator may sell Lessee’s property in accordance with section 704.90 of the Wisconsin Statutes if Lessee fails to pay rent and other charges when due.
Direct Mini Storage, a division of Direct Oil Company, A Corporation, hereinafter Operator, rents to Lessee the storage space indicated on page 1, pursuant to the following terms and conditions:
TERM: The term of the tenancy shall commence on the Lease Start Date indicated on page 1, and shall continue until terminated on or after the Lease End Date. This lease shall be automatically renewed, without notice from either party, on a month-to-month basis and shall be subject to these terms and conditions and to the then prevailing rental rate. The minimum rental term is one month.
RENT: The rent shall be the Monthly Rent Amount indicated on page 1, and shall be paid, by Payment Option indicated on page 1, to Operator at the Office Address indicated on page 1. Rent is due no later than the first day of each calendar month in advance and without demand. Operator reserves the right to require, at Operators sole discretion, that rent and other charges be paid by Electronic Funds Transfer (EFT), Cash, Certified Check or Money Order. Operator may change the monthly rent or other charges by giving Lessee thirty (30) days advanced written notice by first-class mail at the address stated in this agreement. The new rent shall become effective on the next date rent is due. If Lessee has made advanced rental payments, the new rent will be charged against such payments, effective upon giving notice of the new rate.
CHANGE OF ADDRESS: Lessee must provide address changes to Operator in writing. Such change will become effective when received by Operator. It is Lessee’s responsibility to verify that Operator has received and recorded the requested change of address.
SECURITY DEPOSIT: Lessee will pay in advance a Security Deposit in the amount indicated on page 1 to secure Lessee's faithful performance of all terms and conditions of this agreement. Lessee agrees that Operator need not segregate this deposit from other funds, and that no interest will be due for the period of time during which the deposit is held. This deposit, less all expenses incurred by Operator for damage, cleaning, repairing, and replacement of any missing items, and other amounts due under this lease when necessary to compensate Operator for loss or damage caused by breach of Lessee, including any amounts necessary to compensate Operator for delinquent rent owed by Lessee, shall be returned to Lessee within 15 days after Lessee removes all stored property from the storage space and notifies Operator the storage space is vacated. At Operator's sole option, amounts may be withheld from the security deposit to compensate Operator for any rent or any other charges due and unpaid under this agreement at the time Lessee relinquishes, abandons or otherwise loses possession of the storage space. At the termination of this lease agreement, it shall be Lessee’s responsibility to return the premises in the same condition they were in when first rented to Lessee, reasonable wear and tear expected. Operator reserves the right to require an additional security deposit when deemed necessary in Operator’s sole discretion.
CONDITION-ALTERATION OF PREMISES: Lessee has examined the storage space and hereby accepts them as being in good order, condition and repair. Lessee agrees to immediately notify Operator of any defects or dangerous conditions. Lessee further agrees to keep the storage space in good order and condition and to pay Operator promptly for any repairs of the property made necessary by Lessee’s NEGLIGENCE or misuse or the NEGLIGENCE or misuse of Lessee’s employees or guests. Lessee shall make no alterations or improvements or do painting or redecorating, without the prior written consent of Operator, and then all costs necessary to restore the storage space to its original condition shall be borne by Lessee. Lessee further agrees that no painted or other signs shall be placed on the storage space or surrounding property.
LATE CHARGES AND OTHER FEES: In the event the rent is not paid by the 5th day of the calendar month, a ten-dollar ($10.00) late fee will be assessed. A second ten-dollar ($10.00) late fee will be assessed if rent is not received by the 15th day of the calendar month. A third ten-dollar ($10.00) late fee will be assessed if rent is not received by the last day of the calendar month. In the event of a dishonored check, returned check, failed Electronic Funds Transfer (EFT) or the like of any payment made by or on behalf of the Lessee to Operator, forty-dollars ($40.00) will be charged as liquidated damages for said returned item as an additional fee. In the event a Late Rent/Collection Letter is required, a ten-dollar ($10.00) fee will be assessed for each letter written by Operator. Additional fees, as indicated on page 1, will be assessed as determined by Operator when necessary. These fees are considered additional rent and are to compensate Operator for labor and other costs of collection. In the event of default, Lessee agrees to pay all collections, Lien Sale Administrative Fee and lien costs incurred by Operator.
DENIAL OF ACCESS: The storage space will be over-locked after the fifth (5th) day there is unpaid or past due rent or fees and access will be denied until all unpaid or past due rent and fees are paid. Once your storage space is over locked, you will be required to pay past due rent and fees with cash or money order. If the past due rent and fees are not paid with cash or money order, we will have to verify funds before the over lock is removed. If Lessee occupies both lock holes on the door handle, Lessee gives Operator permission to cut/remove one lock to make room for the Operator’s over lock device. The Lock Removal Fee of forty-dollars ($40.00) will be assessed.
TERMINATION: Two (2) business days advanced written or verbal notice given by Lessee to Operator will terminate this lease agreement. Fifteen (15) days advanced written notice given by Operator to Lessee will terminate this lease agreement. Termination received by Operator or Lessee during a current lease period will not relieve Lessee of rent or fees for the past rents, future rents, fees or service charges. If lessee’s storage space is locked and/or occupied past the end of any month, you will be assessed the entire next monthly rent even if your storage space is locked and/or occupied only one day. Operator does not prorate rent, only full months prepaid rent shall be returned to Lessee within fifteen (15) days of request by lessee after vacating the storage space. Lessee must leave the space broom clean and in good condition. Lessee is responsible for all damages.
USE OF STORAGE SPACE: Lessee agrees to use the storage space only for the storage of property wholly owned by Lessee. Lessee agrees that the storage space and surrounding property will not be used for operation of any business, garage sale or thrift sale, or for human or animal occupancy. Trash or other materials shall not be allowed in or near the storage space. Food may not be stored in the storage space. Storage of flammable, explosive or other inherently dangerous material is prohibited. Auto or small engine repairs are prohibited. Lessee shall not store in the storage space any items which shall be in violation of any order or requirement imposed by any Board of Health, Sanitary Department, Police Department, or any government or governmental agency or in violation of any other legal requirement, or do any act or cause to be done any act which creates or may create a nuisance in or upon or connected with the premises. Operator is not engaged in the business of storing goods for hire and no bailment is created under this lease agreement. Operator exercises neither care, custody or control over Lessee's stored property. Lessee shall not store antiques, artworks, heirlooms, collectibles or any property having special or sentimental value to Lessee. Lessee waives any claim for emotional or sentimental attachment to the stored property. Lessee agrees not to store property with a total value in excess of $5,000 without the written permission of the Operator. If such written permission is not obtained, the value of Lessee's property shall be deemed not to exceed $5,000. Nothing herein shall constitute any agreement or admission by Operator that Lessee's stored property has any value, nor shall anything alter the Release of Operator's Liability set forth below.
TEMPERATURE OR HUMIDITY FLUCTUATIONS: Operator does not monitor, control, warrant or guarantee that the temperature or humidity will be maintained at a constant level. Temperature and humidity may fluctuate due to changes in outside temperature and humidity. Do not store property that can be damaged by fluctuations in temperature or humidity in the storage space. Tenant releases the Operator, Operators agents and employees from liability for damage to stored property resulting from fluctuations in temperature or humidity in the storage space however caused, including mechanical breakdown of equipment, power outage or the active or passive acts or NEGLIGENCE of the Operator.
CONTENT INSPECTIONS: Lessee has a duty to inspect the contents of the storage unit, as needed, to make sure there are no foreseen or unforeseen problems that may cause damage to the contents of the storage unit. If Lessee will be out of the area, Lessee should arrange for a friend or relative to conduct the inspections.
HAZARDOUS OR TOXIC MATERIALS PROHIBITED: Lessee is strictly prohibited from storing or using materials in the storage space or surrounding property classified as hazardous or toxic under any local, state or federal law or regulation, and from engaging in any activity that produces such materials. Lessee's obligation of indemnity as set forth below specifically includes any costs, expenses, fines or penalties imposed against the Operator, arising out of the storage or use of any hazardous or toxic material by Lessee, Lessee's agents, employees, invitees or guests. Operator may enter the storage space at any time to remove and dispose of prohibited items.
INSURANCE: Lessee must provide, at the sole cost of Lessee, his/her own insurance, to include, but not limited to, fire and extended coverage, with theft, burglary, vandalism and malicious mischief endorsement for the actual cash value of the stored property. Insurance on Lessee's property is a material condition of this lease agreement and is for the benefit of both Lessee and Operator. Failure to carry the required insurance is a breach of this lease agreement and Lessee assumes all risk of loss to stored property that would be covered by such insurance. Lessee expressly agrees that the insurance company providing such insurance shall not subrogate any claim of Lessee against Operator, Operator's agents or employees for loss of or damage to stored property. Operator does not provide any insurance that covers Lessee’s stored property.
RELEASE OF OPERATOR'S LIABILITY FOR PROPERTY DAMAGE: All personal property stored within or upon the storage space by Lessee shall be at Lessee's sole risk. Operator and Operator's agents and employees shall not be liable for any loss of or damage to any personal property in the storage space or at the self-storage facility arising from any cause whatsoever including, but not limited to, theft, burglary, mysterious disappearance, fire, water damage, mold, rodents, Acts of God, the active or passive acts or omissions or NEGLIGENCE of the Operator, Operator's agents or employees.
RELEASE OF OPERATOR'S LIABILITY FOR BODILY INJURY: Operator, Operator’s agents and employees shall not be liable to Lessee for injury or death as a result of Lessee's use of the storage space or the self-storage facility, even if such injury is caused by the active or passive acts or omissions or NEGLIGENCE of the Operator, Operator's agents or employees.
INDEMNITY: Lessee agrees to indemnify, hold harmless and defend Operator from all claims, lawsuits, demands, actions or causes of action (including attorneys' fees and all costs) that are hereinafter brought by others arising out of Lessee's use of the storage space and common areas, including claims for Operator's active NEGLIGENCE.
LOCKS: Lessee shall provide, at Lessee’s own expense, a lock that Lessee deems sufficient to secure the space. If the space is found unlocked Operator may, but is not obligated to, take whatever measures Operator deems reasonable to re-secure the space, with or without notice to Lessee,. Operator shall deem, at Operators sole discretion, the storage space vacated when a lock is no longer securing the storage space.
RULES AND REGULATIONS: Operator shall have the right to establish or change the hours of operation for the facility and to promulgate rules and regulations for the safety, care and cleanliness of the storage space and the preservation of good order in the storage space and on the surrounding property. Lessee agrees to follow all rules and regulations now in effect, or that may be put into effect from time to time.
DEFAULT: In the event of any default in Lessee’s obligations contained in this agreement, the lessee shall be notified of the default. Unless such default shall be cured within fifteen (15) days from the date of such notice, this agreement shall terminate and Operator shall then have the right to enter the storage space and remove the contents thereof. However, said termination shall not alleviate Lessee from his/her obligations as expressed herein.
ABANDONMENT: At such time as rent or fees become over sixty (60) days past due, Lessee shall pay, in addition to all other sums dues hereunder, a twenty-five ($25.00) dollar monthly Abandonment Fee and all personal property stored within the storage space shall be considered to have been abandoned and Operator shall then have the right to enter the storage space and remove the contents thereof. Lessee shall be responsible for paying all fees assessed by Operator for disposing and moving of such property, removing lock and cleaning the storage unit. Additionally, food, chemicals, mattresses and cushioned furniture will be disposed of, at the sole discretion of Operator, to reduce unwanted sanitary issues in the alternate storage area(s).
SECURITY AGREEMENT: This lease agreement shall constitute a security agreement with respect to the contents of the storage space (hereinafter referred to as the “Collateral”), and, that security interest shall attach hereto for the benefit of, and is hereby granted by Lessee to the Operator to secure the payment and performance of Lessee’s obligations under this lease agreement. Lessee hereby authorizes Operator to file a copy of the lease agreement as a financing continuation statement. In the event that this lease agreement shall be terminated by reason of Lessee’s default hereunder, operator may, in addition to all other rights or remedies it may have in such event, exercise any right or remedy with respect to the Collateral which it may have under the Uniform Commercial Code or otherwise. The parties agree that in the event Operator elects to proceed with respect to Collateral, five (5) days-notice of the sale of the Collateral shall be reasonable notice. It is expressly understood that the Operator retains its statutory Operator’s lien and that all rights of Operator hereunder or in law are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any right. If Operator initiates a lien sale for the contents of the storage space, Lessee shall pay, in addition to all other sums due hereunder, a Lien Sale Administrative Fee of one-hundred twenty-five ($125.00) dollars. In addition, Lessee shall pay to Operator all costs and reasonable attorney fees incurred by Operator by aforesaid action.
PROPERTY LEFT IN THE STORAGE SPACE: Operator may dispose of any property left in the storage space or on the storage facility by Lessee after Lessee has terminated the lease agreement. Lessee shall be responsible for paying all costs incurred by Operator in disposing of such property.
LESSEE ACCESS: Lessee's access to the storage facility may be conditioned in any manner deemed reasonably necessary by Operator to maintain order.
OPERATOR'S RIGHT TO ENTER: Lessee agrees that Operator or his agents may, at any reasonable time, enter to inspect the premises, make repairs, or to investigate situations deemed necessary by Operator without any notice to Lessee. Lessee further agrees that Operator or his agent may show the premises to prospective purchasers of the property or to lending institutions or their representatives at any reasonable times, or if notice of termination of this tenancy has been given by either party, to prospective tenants during the thirty (30) day period prior to termination. Lessee grants Operator, Operator's agents or representatives of any governmental authority, including police and fire officials, access to the storage space without any notice to Lessee. In the event of an emergency, Operator's agents or representatives of governmental authority shall have the right to enter the storage space without notice to Lessee, and take such action as may be necessary or appropriate to protect the storage facility, to comply with applicable law or enforce Operator's rights.
RELOCATE: Operator reserves the right to relocate Lessee, without expense to Lessee, to any storage space of Operator’s choice.
NO SUBLETTING: Lessee shall not assign or sublease the storage space without the written permission of the Operator. Operator may withhold permission to sublet or assign for any reason or for no reason in Operator’s sole discretion.
WAIVER OF JURY TRIAL: Operator and Lessee waive their respective right to trial by jury of any cause of action, claim, counterclaim, or cross complaint, in any action brought by either Operator against Lessee, or Lessee against Operator, or Operator's agents or employees, on any matter arising out of, or in any way connected with this lease agreement, Lessee's use of the storage space or this storage facility, or any claim of bodily injury or property loss or damage, or the enforcement of any remedy under any law, statute or regulation. This jury trial waiver is also made by Lessee on behalf of any of Lessee's agent's guests or invitees.
NOTICES: All notices required by this lease agreement shall be sent by first class mail postage prepaid to Lessee's last known address. Notices 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 (5) days after mailing, unless returned to Operator by the U.S. Postal Service. All statutory notices shall be sent as required by law.
ATTORNEY’S FEES: If legal action shall be brought by Operator for unlawful detainer, to recover any sums due under this lease agreement, all such attorney’s fees or collection fees incurred shall be considered additional rent under this lease agreement and shall be due and payable by Lessee upon request of the Operator.
NO WARRANTIES: No expressed or implied warranties are given by Operator, Operator's agent's or employees as to the suitability of the storage space for Lessee's intended use. Operator disclaims and Lessee waives any implied warranties of suitability or fitness for a particular use.
NO ORAL AGREEMENTS: This lease agreement contains the entire agreement between Operator and Lessee, and no oral agreements shall be of any effect whatsoever. Lessee acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the storage space for the storage of Lessee's property, and that Lessee has made his own determination of such matters solely from inspection of the storage space and the facility. Lessee agrees that he is not relying, and will not rely, upon any oral representation made by Operator or by Operator's agents or employees purporting to modify or add to this lease agreement. Lessee understands and agrees that this lease agreement may be modified only in writing, signed by both parties.
SUCCESSION: All provisions of this lease agreement shall apply to and be binding upon all successors in interest, assigns or representatives of the parties hereto.
ENFORCEMENT: If any part of this lease agreement is held to be unenforceable for any reason, in any circumstance, the parties agree that such part shall be enforceable in other circumstances, and that all the remaining parts of this lease agreement will be valid and enforceable.
WISCONSIN SALES TAX: Storage business owners are required to charge Wisconsin Sales Tax if the Lessee stores a motor vehicle, boat, motorcycle or jet-ski. The lessee is responsible to notify Operator of any changes that may require Wisconsin Sales Tax to be charged.
Do not sign this lease agreement until you have read it and fully understand it. This lease agreement limits the Operator’s liability for loss of or damage to your stored property. If you have any questions concerning its legal effect, consult your legal advisor.
Lessee Signature ________________________ Date _____________
Lessee Printed Name _______________________________________
On Behalf of Operator ______________________ Date ____________
If lessee’s storage space is locked and/or occupied past the end of any month, you will be assessed the entire monthly rent even if your storage space is locked and/or occupied only one day. You need to be completely out of the storage unit and leave it cleaned and unlocked by the end of a month to eliminate this additional monthly rent assessment. _____