Rental Agreement


THE STORAGE LOT, LLC
2168 Whitesides Road
Forest City, NC 28043
(828) 817-6138

Rental Agreement

Date Rented: December 5, 2024
Unit #:

Occupant Name:
Driver's License State/Number: /
Phone Number:
Address:  

Emergency Contact Information: /

Armed Forces: / / /  

Fees:

Monthly Rental:
Late Fee: $15.00
NSF Fee: $35.00
Gate Access Code:
Clean-Up Fee: $50.00 MINIMUM
LOCK CUT FEE: $25.00
Auction: $60.00

ALL PROPERTY STORED UNDER THIS RENTAL AGREEMENT MAY BE SOLD OR OTHERWISE DISPOSED OF IF PAYMENT HAS NOT BEEN RECEIVED FOR A CONTINUOUS FIFTEEN-DAY PERIOD WHEN DUE.

This Rental Agreement, (hereinafter called "Agreement"), made and entered into on December 5, 2024, by and between the Rentee known as The Storage Lot LLC, hereinafter called “Company” and hereinafter called “Occupant”.

For the consideration hereinafter stated, the Company agrees to let Occupant use and occupy space in the self-service storage facility owned and operated by The Storage Lot LLC., situated at 2168 Whiteside Rd, Forest City North Carolina, hereinafter referred to as "Space". Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth, beginning on December 5, 2024 and continuing month to month until terminated.

RENT: "Space", as used in this agreement, will be that part of the self-service storage facility described above. The Occupant agrees to pay the Company for the use of the space and improvement thereon, the monthly sum of is the Monthly Rate. Rent payments must be made at the office of the self-storage facility or online via automatic debit on or before the rental due date each month until the termination of this agreement.

If the total rent payment each month is not paid by 5 days from the due date, or if any check in payment is dishonored, Occupant shall be deemed to be in default. Default can also be the Occupant's failure to perform any terms or conditions of this Rental Agreement or Occupant's breach of the peace.

In the event of Occupant's default, Company may, without notice, deny the Occupant access to the property located in the self-storage facility. Company may place a different padlock on the rented premises over which only the Company and its agents have control.

Occupant agrees and understands that partial payments made to cure a default for non-payment of rent will not delay or stop the denial of access, foreclosure and sale of Occupant's property. Partial payments do not waive or avoid the legal effect of prior notices given to Occupant.

Only full payment on Occupant's account prior to the published auction date will stop the scheduled sale or disposal of the property.

Customers account must be in good standing to receive any promotions or discounts. Cash can only be accepted during office hours. Do not deposit cash in the after-hours drop box/slot. The Company is not liable for any cash placed in the drop box/slot. Occupants are encouraged to obtain a rent receipt for cash payments.

DENIAL OF ACCESS: If rent is not paid within 5 days of the monthly due date, Company may, without notice, deny the Occupant access to the property located in the self-storage facility.

Access will be denied to any party other than the Occupant unless said party has obtained necessary codes/keys/combinations to access the property or the Occupant has supplied Company with written authorization from the Occupant that the authorized third-party may the Space at no liability of the Company.

Occupant's access to the facility may also be conditioned in any manner deemed reasonably necessary by the Company to maintain order on the premises. Such measures may include but are not limited to, restricting hours of operation, requiring verification of the occupant's identity, and inspecting vehicles that enter the premises. Additionally, if the Occupant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Company to deny access to Occupant to all rented Spaces.


FEES: A bill for the monthly rent will NOT be sent unless requested.

Monthly payments may be made on or before the due date in the following methods:

Automatic Debit: If Occupant has elected to pay via automatic debit every month, the monthly installment will be automatically debited from the Occupants bank account on or about the day of the initial payment each month. Automatic debit may also be subject to a non-negotiable processing fee charged by the processor. The processing fee will be no less than 2.9% + 30 cents. To find the current processing fee, visit https://stripe.com/pricing. The processing fee is subject to change at any time without first notifying the Occupant.

U.S. Dollar (Cash): If Occupant has elected to pay by cash, payment must be made in person on or before the due date each month.

Check: If Occupant has elected to pay by check, payment must be made in person or by after-hours drop-box. If any check is dishonored for any reason, Late fees shall be due and payable in addition to a return check charge identified above as an NSF FEE.

Occupant acknowledges that late payment of monthly rent will cause the Company to incur costs not contemplated by this lease, the exact amount of such costs being extremely difficult to fix. Therefore, if any monthly rent is received after 5 DAYS from the rental due date, Occupant shall pay to Company a FIRST LATE FEE for each month rent is past due. Furthermore, if any monthly rent payment is received after 5 DAYS from the rental due date, a SECOND LATE FEE will be assessed for each month rent is past due.

Late fees are assessed at the full and sole discretion of the Company. Said late charges are due and payable without demand from Company. The parties agree that these late charges represent a fair and reasonable estimate of the costs the Company will incur by reason of late payment by Occupant.

If Occupant's property is processed for sale at public auction, Occupant shall be responsible for a minimum public auction processing fee shown above as AUCTION FEE.

If Occupant's lock must be cut, Occupant shall be responsible for the LOCK CUT FEE identified above.


USE AND COMPLIANCE WITH LAW:

(a) The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant.

Description of the property being stored:





Liens on stored property:

The Occupant agrees not to store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the space that would cause danger or nuisance to the space or facility.

 

Occupants shall not store any improperly packaged food or perishable goods, or other items that may attract rodents, vermin, or other infestations in the space.

 

The Occupant agrees that the property will not be used for any purposes unlawful or contrary to any ordinance, regulation, fire code or health code and the Occupant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of the Agreement.

 


The occupant agrees not to store jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special or emotional value to the occupant. 

 

Occupant waives any claim for emotional or sentimental attachment to Occupant's property.

There shall be NO HABITABLE OCCUPANCY of the space by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate TERMINATION of the Agreement.

 

If hazardous substances are stored, used, generated or disposed of on or in the premises or if the premises become contaminated in any manner for which the Occupant is legally liable, Occupant shall indemnify and hold harmless the Company from any and all claims, damages, fees, judgments, penalties, costs, liabilities or losses, and any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees, arising during or after the lease term and arising as a result of that contamination by Occupant.

(b) Occupant agrees not to conduct any business out of space, and further agrees that the space is not to be used for any type of workshop, for any type of repairs or for any sales, renovations, decoration, painting, or other contracting in the space.

 


Use of any utilities on premises is strictly prohibited except by express written agreement and arrangement with the Company and for an additional Utility charge set forth by the Company.

Unless given written permission by Company, violation of these prohibitions shall be deemed a default and shall be grounds for immediate Termination of this agreement and shall cancel Occupant's right of Occupancy.

Occupant agrees to hold Company, other Occupants and third parties harmless and indemnify, safe and defend such persons from any loss resulting from the violation of this provision.


CONDITION AND ALTERATION OF PREMISES:

Occupant assumes responsibility for having examined the premises and hereby accepts it AS IS, being in good order and condition and agrees to pay Company promptly for any repairs to the space resulting from negligence or misuse by the Occupant, Occupant's invitees, licensees and guests.

Occupant understands that all unit sizes are approximate and enters into this Rental Agreement without reliance on the estimated size of the Space.

Occupant shall make no alterations or improvements to the space without prior written consent of Company. Should Occupant damage or depreciate the space or make alterations or improvements without the prior consent of the Company or require the Company to incur costs to clean the Space upon termination, then all costs necessary to restore the Space to its prior condition shall be borne by Occupant.

Company has the right to declare any such costs to repair as "rent" and non-payment of said costs entitles Company to deny Occupant access to the Space.


LIMITATION OF VALUE:

Occupant agrees that in no event shall the total value of all property stored be deemed to exceed $5000.00 unless Company has given permission in writing for Occupant to store property exceeding that value.

Occupant agrees that the maximum value for any claim or suit by Occupant, including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit is the total value referenced above.

Nothing in this section shall be deemed to create any liability on the part of the Company to Occupant for any loss or damage to Occupant's property, regardless of cause.


ABANDONMENT:

This Agreement shall automatically terminate if Occupant abandons the Space.

Occupant shall have abandoned the Space if Occupant has removed the locking device from the Space and IS NOT current in all obligations hereunder or if the lock is cut after default.

If it is determined, in the Company's discretion, that the items in the unit have little or no value, the property left in the Space may be disposed of by the Company.

Rent paid for the month in which the Occupant moves out and abandons the space shall not be refunded. THERE ARE NO REFUNDS.


CANCELATION AND/OR TERMINATION:

Rental Agreements are a month-month-agreement between the Occupant and the Company.

The Agreement shall continue from month to month unless the Occupant delivers in writing to the Company, a five-day advanced written notice of their intentions to terminate the
Agreement.

Upon termination of this Agreement, the Occupant shall remove all personal property from the space within 5 days.

If the Occupant fails to fully remove the property from the
space within the time required, the Occupant shall continue to be considered an Occupant according to the terms of this contract.

The Occupant will be required to pay any payment amounts due to continue storing property at the facility including late fees.

If the Occupant fails to pay, at any time, the Company has the right to enter the Occupant's unit and remove all property therefrom without being deemed guilty in any manner of trespassing or
conversion.

No refunds are allowed for partial-month occupancies.

Occupant shall be charged a CLEAN UP FEE, identified above, if the Company is required to remove any debris from either inside or outside the rented Space after the Occupant vacates the Space.

The Company has the right to terminate this Agreement at any time should the Occupant be found to have breached this contract in any way as outlined in the terms of this contract.


OCCUPANT'S RISK OF LOSS:

THE Company IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT.

The Company EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER THE OCCUPANTS STORED PROPERTY.

All property stored within or on the space by the Occupant or located at the facility by anyone shall be stored at the Occupant's sole risk. The occupant must take whatever steps he deems necessary to safeguard what is at the facility or in or on the space.

Occupant shall assume full responsibility for who has the keys and access to the space.

Company, Company's employees, agents, and affiliates shall not be liable for any loss of or damage to any personal property while at the rented premises arising from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, vandalism, fire, smoke, water, mold, mildew, hurricanes, rain, tornados, explosions, terrorist acts, rodents, insects, Acts of God, acts by other Occupants, the active or passive acts or omissions or negligence of the Company, Company's employees, agents, and affiliates.

IT IS AGREED BY OCCUPANT THAT THIS RELEASE OF Company's LIABILITY IS A BARGAINED FOR CONDITION OF THE RENT SET FORTH HERE AND THAT WERE Company NOT RELEASED FROM LIABILITY, A MUCH HIGHER RENT WOULD HAVE TO BE AGREED UPON.

Company does not promise safety or security of persons or property on the premises, and Company has no duty of safety or security of same under any circumstances.

Video cameras may or may not be non-operational or unmonitored.

Access control devices may be unmonitored and may occasionally malfunction.


PERSONAL INJURY:

Company and Company's employees, agents, and affiliates shall not be liable whatsoever to any extent to Occupant or Occupant's invitees, family, employees, agents or servants for any personal injury or death arising from Occupant's use of the storage space or premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Company, Company's agents or employees.


INDEMNIFICATION OF Company:

Occupant will indemnify and hold the Company harmless from and against any and all manner of claims for damages or lost property or personal injury and costs including attorney's fees arising from Occupant's lease of the space on the facility or from any activity, work or thing done, permitted or suffered by Occupant in or on the space or about the facility.

In the event that the space is damaged or destroyed by fire or other casualty, Company shall have the right to remove the contents of the space and store it at the Occupant's sole cost and expense without liability for any loss or damage whatsoever, and Occupant shall indemnify and hold Company harmless from and against any loss, cost, or expense of Company in connection with such removal and storage.

Should any of Company's employees, agents, or affiliates perform any services for Occupant at Occupant's request, such employee shall be deemed to be the agent of the Occupant regardless of whether payment for such services is made or not, and Occupant agrees to indemnify and hold Company harmless from any liability in connection with or arising from directly or indirectly such services performed by employees of Company. Notwithstanding that Company shall not be liable for such occurrences, Occupant agrees to notify Company immediately upon the occurrence of any injury, damage, or loss suffered by Occupant or other person in any of such circumstances.


Company'S RIGHT TO ENTER:

In cases where Company considers it necessary to enter the space for purposes of examining the space for violation of this agreement or condition in the space or making repairs or alterations thereto, or to comply with this agreement, Occupant agrees that Company, or Company's representative, shall have the right without notice to enter into and upon the space and Company reserves the right to remove contents to another space.


Company'S LIEN RIGHTS:

ALL ARTICLES STORED UNDER THE TERMS OF THIS RENTAL AGREEMENT MAY BE SOLD TO SATISFY THE Company'S LIEN IF OCCUPANT IS IN DEFAULT.

(a) Company shall have a lien on all personal property stored in occupant's space, whether or not owned by occupant, or on the proceeds of said personal property in Company's possession. The lien attaches as of the date such personal property is brought to the self-storage facility and is superior to any other lien or security interest, except those that are protected and recorded prior to the date of this agreement. If the occupant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by occupant, occupant will be considered in default.

(b) On the fifteen (15th) day of continuous default, or thereafter, Company may enforce its lien on the personal property stored in the space pursuant to Chapter 44A-40, et. seq. of the North Carolina Statutes for: rent, late charges, labor, damages, cleaning fees; charges for checks returned to Company, postage amounts for mail providing notification of late charges and auctions, expenses necessary for the preservation of the personal property stored on the leased premises, and the expenses incurred in the sale or other disposition of said personal property pursuant to law.

The Company will cut the locks on the occupant's space and may remove any and all personal property located within said space for the purpose of selling same. The Company will first attempt to sell any or all said personal property at a public sale. If not sold at a public sale, any or all items of said personal property will then be otherwise disposed of and/or destroyed by the Company.

(c) If the property upon which the lien is claimed is a vehicle watercraft and rent and other charges related to the property remain unpaid or unsatisfied for sixty (60) days following the maturity of the obligation to pay rent, the Company may have the property towed from the self-service storage facility.


SECURITY AGREEMENT:

This Agreement shall constitute a security agreement covering the contents (hereinafter referred to as "collateral") of the Space, and a security interest shall attach thereto for the benefit of and is hereby granted to Company by Occupant to secure the payment and performance of Occupant's default hereunder. The Company, in addition to all other rights and remedies it may have in such an event, may exercise any right or remedy with respect to the Collateral which it may have under the Uniform Commercial Code or otherwise. It is expressly understood that Company retains its Company's statutory lien. All rights of Company hereunder or in law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. Occupant hereby waives and renounces its right to the benefit of the exemptions provided under state law and as it may be amended.


OCCUPANT'S LIABILITY:

In the event of a foreclosure, it is understood and agreed that the liability of Occupant for the rents, charges, costs, and expenses provided for in this rental agreement shall not be relinquished, diminished or extinguished prior to payment in full. It is further agreed that the Occupant shall be personally liable for all rents, charges, costs and expenses, including those incurred in the sale and/or disposition of the Occupant's property as provided for above.

The Company may use a collection agency thereafter to secure any remaining balance owed by Occupant after the application of sale proceeds if any and Occupant shall be liable for all fees and costs for said collection. If any property remains unsold after foreclosure and sale, Company may dispose of said properly in any manner considered appropriate by Company.


ASSIGNMENT AND SUBLETTING:

Occupant shall not assign this Agreement or sublet the whole or any portion of the space rented hereunder.


WAIVER/ENFORCEABILITY: 

In the event any part of this Agreement shall be held invalid or unenforceable the remaining part of this Rental Agreement shall be in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by Company of any provisions hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by Occupant of the same or any other provision.


ATTORNEY'S FEES:

In the event Company obtains services of an attorney to recover any sums due under this agreement, for an unlawful detainer, for the breach of any Covenant or conditions of this Agreement, or in defense of any demand, claim, or action brought by Occupant, Occupant agrees to pay to Company the reasonable costs, expenses, and attorney's fees incurred in such actions. 


SUCCESSION:

This Agreement is binding upon the parties, their heirs, successors, personal representatives and assigns. 


GOVERNING LAW:

This Agreement and any actions between the parties shall be interpreted by and governed by the laws of the State of North Carolina. 


WAIVER OF JURY TRIAL:

Company and Occupant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross-complaint brought by either Company against Occupant, or Occupant against Company on any matter arising out of or in any way connected with this Rental Agreement, Occupant's use or occupancy of the storage space, or any claim of bodily injury or property damage or the enforcement of any remedy under any law, statute, or regulation.


LIMITED WARRANTY:

This Agreement contains the entire Agreement of the parties and no representation or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect.

The agents and employees of Company are not authorized to make warranties about the space, premises, and facility referred to in this Agreement. Company's agents and employees' ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES and shall not be relied upon by the Occupant nor shall any of said statements be considered a part of the Agreement.

The entire Agreement and understanding of the parties hereto are to be considered a part of the Agreement. This entire Agreement and understanding of the parties hereto are embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this Agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, express or implied, ARE EXCLUDED from this transaction and shall not apply to the leased space, premises, and facility referred to herein. It is further understood and agreed that the Occupant has been given an opportunity to inspect, and has inspected this space, premises, and facility, and that Occupant accepts such leased space, premises, and facility AS IS and WITH ALL FAULTS.


RULES:

Company 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 Space or the preservation of good order in the Facility.

Occupant agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time.


NOTICES FROM Company:

All notices from Company shall be sent by first class mail prepaid to Occupant's last known address or to the electronic mail (e-mail) address provided by the Occupant in this Rental Agreement.

Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law.


NOTICES FROM Occupant:

Occupant represents and warrants that the information Occupant has supplied in this Rental Agreement is true, accurate and correct and Occupant understands that Company is relying on Occupant's representations.

Occupant agrees to give prompt written notice to Company of any change in Occupant's address, any change in the liens and secured interest on Occupant's property in the Space and any removal or addition of property to or out of the Space within ten (10) days of the change. Occupant understands he must personally deliver such notice to Company or mail the notice by certified mail, return receipt requested, with postage prepaid to Company at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Company.


CHANGES:

All terms of this Agreement, including but without limitation, monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days prior written notice to Occupant. If changed, the Occupant may terminate this Agreement on the effective date of the change by giving Company five (5) days prior written notice to terminate after receiving notice of the change, If the Occupant does not give such notice, the change shall become effective and apply to his occupancy.


OCCUPANT'S LOCK:

Occupant shall provide at Occupant's own expense a lock for the space which Occupant, in Occupant's sole discretion, deems sufficient to secure the space. Space shall be immediately locked upon execution of the agreement.

Occupant shall not provide Company or Company's agents with a key and/or combination to Occupant's lock unless deliveries are to be accepted by Company on Occupant's behalf. If lock is not placed on unit or Space is found without a lock, Company has the right to place a new lock on the Space to secure the Unit without creating a bailment.


MILITARY SERVICE:

To comply with SERVICE MEMBERS CIVIL RELIEF ACT it is Occupant's obligation to notify the Company in writing that Occupant and any Occupant family member storing goods at the Facility are in active military service, to determine Occupant's qualifications under this Act. If the Occupant's military status or Occupant's family member's military status changes, the Occupant is required to notify the Company in writing of this change immediately.


FINANCIAL INFORMATION:

Company does not warrant or guarantee that any of Occupant's financial information, including, without limitation, credit card and bank account information, will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Company and its respective agents, employees and affiliates for damages arising from the use of said information by others.


CLIMATE CONTROL (As Applicable):

The climate-controlled spaces are heated or cooled depending on outside temperature. The climate-controlled spaces do not provide constant internal temperature or humidity control and the Company does not guarantee that temperature and humidity will not fluctuate.

Occupant releases Company and its respective agents, employees and affiliates from all liability for damage to stored property from fluctuations in temperature or humidity from any cause including the negligence of Company or its respective agents, employees or affiliates.

Occupant understands that there is a risk of the growth of mold and/or mildew on Occupant's stored property, even in a climate-controlled Space. Company recommends that Occupant periodically inspect the Space and the property, taking any and all actions necessary to protect Occupant's property.


PERMISSION TO CALL, FAX, E-MAIL OR TEXT:

Occupant recognizes Company and Occupant are entering into a business relationship as Company and Occupant. As such, to the extent any Federal or State law prohibits Company from contacting Occupant by phone, fax, e-mail or text, Occupant hereby consents to Company phoning, faxing, e-mailing and texting Occupant with marketing and/or other business-related communications.


INSURANCE OBLIGATION:

THE Company DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE OCCUPANT'S RESPONSIBILITY TO OBTAIN SUCH INSURANCE.

 

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Signed by Darren Mills
Signed On: April 9, 2024


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Document name: Rental Agreement
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