RENTAL AGREEMENT – NEW MEXICO
EFFECTIVE DATE: 12/31/1969 17:00:00
CURRENT ACTIVE MILITARY STATUS:
“STORAGE SPACE or PARKING SPACE”#:
“RENT”: $/per month (after expiration of any move-in discounts).
“PROPERTY“: The self-storage rental facility located at ,
“PERSONAL PROPERTY”: All personal property of any nature stored or placed by the Occupant in the Storage Space or which is temporarily located elsewhere on the Property.
RENT IS DUE ON DAY OF EACH CALENDAR MONTH. The fees and other charges which Occupant also agrees to pay are as follows:
Late charge at 5 days past due: $15
Pre-lien / Overlock at 15 days past due: $25
Lock-cut at 30 days past due or as required: $50
Final Lien notice at 31 days past due: $50
Auction Fee & Ad Fee both at 61 days past due: $100 + $100
Return mail if address incorrect: $10
Return payment/NSF for returned payment: $20
Non-removal of items if trash, spills, or discarded items left on site: $250
Notice to vacate for actions that lead to a vacate request: $250
On-site after hours if tenant found on site after access hours: $100 + expenses
(dba ), hereinafter “Owner,” rents to Occupant, as listed above, the Storage Space indicated above pursuant to the following terms and conditions:
1. TERM: This Agreement shall commence on the date indicated above and shall continue until terminated on a month-to-month basis. The minimum rental term is one month.
2. RENT: The initial Rent shall be the amount stated above and paid to Owner at the address stated above. Rent is due without demand and in advance no later than day of each calendar month and will apply to the month after the Rent due date. Owner reserves the right to require that Rent and other charges be paid in cash, certified check or money order. Occupant understands and agrees that under no circumstances will Occupant be entitled to a refund of the first month’s Rent paid upon execution of this Agreement. Owner may change the monthly Rent or other charges or fees by giving Occupant thirty (30) days’ written notice by first-class mail or email at the address stated in this Agreement. The new Rent and/or new fees shall become effective on the next date Rent is due. If Occupant has made advanced rental payments, the new Rent will be charged against such payments, effective upon giving notice of the new rate. Occupant understands and agrees that all payments are to be applied to the oldest delinquent Rent and fee charges first, and then other Rent and fee charges that have become due. Owner, at Owner’s sole discretion, may accept or reject partial Rent payments. Acceptance of partial payments of Rent by Owner shall not constitute a waiver of Owner’s rights and Occupant understands and agrees that acceptance of a partial Rent payment made to cure a Default for non-payment of Rent shall not delay or stop foreclosure on Occupant’s Personal Property as provided by NEW MEXICO state code.
3. DEFAULT AND LIEN: ALL ARTICLES UNDER THE TERMS OF THIS AGREEMENT WILL BE SOLD OR OTHERWISE DISPOSED OF UNDER THE TERMS AND CONDITIONS OF THE SELF-SERVICE STORAGE LIEN ACT IF OCCUPANT IS IN DEFAULT. OCCUPANT WILL BE IN “DEFAULT” UNDER THIS AGREEMENT IF OCCUPANT (A) FAILS TO PAY ANY RENT OR ANY OTHER FEES OR CHARGES BY THE DAY SUCH RENT OR OTHER FEES OR CHARGES ARE DUE, (B) FAILS TO COMPLY WITH ANY OF THE OTHER TERMS OF THIS AGREEMENT, (C) ABANDONS THE STORAGE SPACE, (D) HAS PROVIDED FALSE OR INCORRECT INFORMATION TO OWNER IN THIS AGREEMENT OR IN ANY RENTAL APPLICATION OR CONTACT INFORMATION CHANGES SUBMITTED TO OWNER; OR (E) HAS VIOLATED HEALTH, SAFETY, OR CRIMINAL LAWS ANYWHERE ON THE PROPERTY, REGARDLESS OF WHETHER ANY ARREST OR CONVICTION HAS OCCURRED. IF ANY DEFAULT BY OCCUPANT SHALL OCCUR, OWNER WILL HAVE THE RIGHT, THEN OR THEREAFTER WHILE SUCH DEFAULT CONTINUES, TO PURSUE ALL REMEDIES PROVIDED IN THIS AGREEMENT AND BY LAW, INCLUDING WITHOUT LIMITATION, THE OWNER SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT BY GIVING NOTICE TO OCCUPANT, AT WHICH TIME OCCUPANT SHALL SURRENDER THE STORAGE SPACE IMMEDIATELY. IF OCCUPANT FAILS TO DO SO, OWNER MAY, WITHOUT PREJUDICE TO ANY OTHER REMEDY, ENTER AND TAKE POSSESSION OF THE STORAGE SPACE AND EXPEL OCCUPANT, WITHOUT BEING LIABLE FOR PROSECUTION OR CLAIM OF DAMAGES. IN SUCH CASE, OCCUPANT AGREES TO PAY OWNER THE AMOUNT OF ALL LOSS AND DAMAGE WHICH OWNER MAY SUFFER DUE TO TERMINATION, INCLUDING THE INABILITY TO RELET THE STORAGE SPACE. PURSUANT TO NEW MEXICO STATUTES 48-11.1-9 ET SEQ. AND THIS AGREEMENT, OCCUPANT HEREBY GRANTS TO OWNER A LIEN ON ALL PERSONAL PROPERTY STORED WITHIN THE STORAGE SPACE FOR RENT, LABOR, AND OTHER CHARGES, AND FOR EXPENSES REASONABLY INCURRED AS A RESULT OF THE OCCUPANT’S DEFAULT AND IN THE SALE OF THE PERSONAL PROPERTY. IF RENT OR OTHER CHARGES ARE DUE UNDER THIS AGREEMENT AND ARE DELINQUENT FOR A CONTINUOUS THIRTY DAYS AFTER THE DUE DATE, OWNER MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED IN THE STORAGE SPACE TO SATISFY THE LIEN. BY INITIALING HERE, OCCUPANT ACKNOWLEDGES THAT OCCUPANT UNDERSTANDS AND AGREES TO THE PROVISIONS OF THIS PARAGRAPH.
4. LATE FEES AND OTHER CHARGES: Occupant agrees to pay Owner’s late and foreclosure fees, in addition to any other charges, in the event of any Default, late payments, NSF checks, or other services requested by Occupant. These fees are considered additional Rent and are to compensate Owner for labor and other costs of collection. In the event of any Default, Occupant agrees to pay all fees and/or costs associated with the Default.
5. DENIAL OF ACCESS: If Occupant fails to pay Rent or other charges for five (5) days, or Defaults under any other term of this Agreement, Owner may immediately deny Occupant access to the Property and the Storage Space and all the Personal Property stored by the Occupant without liability for trespass or conversion.
6. CHANGES TO AGREEMENT AND TERMINATION: Any terms of this Agreement except for Rent may be changed by Owner by written notice to Occupant seven (7) days prior to the expiration of any monthly rental period. Seven (7) days advanced written notice given by Owner or Occupant to the other party will terminate this Agreement. Owner may terminate this Agreement whether or not Occupant is in Default. Owner does not prorate unused Rent for refunds. Full months’ prepaid Rent may be returned to Occupant after vacating the Storage Space, but not if such pre-paid Rents were part of a promotion, discount, or credit which has already been received by Occupant. If Occupant is in Default of this Agreement or has violated any of the Rules and Regulations made a part thereof, Owner may terminate this Agreement upon written or oral notice to Occupant. Also, if Owner or Owner’s Agent reasonably determines that Occupant has vacated the Storage Space, Owner may deem all Personal Property remaining thereon to be abandoned, in accordance with the paragraph below, and terminate this Agreement. When this Agreement ends, Occupant will remove all of Occupant’s Personal Property (unless such Personal Property is subject to Owner’s lien rights) and leave the Storage Space clean.
7. ABANDONMENT OF OCCUPANT’S PROPERTY: Any Personal Property remaining in the Storage Space or on the Property after the termination or expiration of this Agreement, other than a termination while Occupant is in Default, shall be considered abandoned at the option of the Owner; and if abandoned, Owner may sell or destroy such Personal Property. If for any reason, Owner must remove such Personal Property from the Storage Space or Property, whether resulting from Default, abandonment, or any kind of termination, Owner may charge a fee for doing so.
8. NO BAILMENT: Owner is not engaged in the business of storing goods for hire or in the warehouse business, and no bailment is created under this Agreement. Owner does not exercise care, custody, or control over Occupant’s Personal Property. Occupant agrees to use the Storage Space only for the storage of Personal Property wholly owned by Occupant.
9. STORAGE SPACE USE: The Storage Space shall not be used for residential purposes; storing anything that is a health hazard, including perishable items; or housing live animals. The Storage Space shall not be used for any unlawful activities, or in violation of any zoning restrictions, business licenses, or other regulatory restrictions. Occupant shall not store jewelry, furs, antiques, art work, heirlooms, collectibles or any other precious or irreplaceable property having special or sentimental value to Occupant. Occupant waives any claim for emotional or sentimental attachment to any of Occupant’s Personal Property. Occupant agrees not to store Personal Property with a total aggregate value in excess of $5,000 without the written permission of the Owner. If such written permission is not obtained, the value of Occupant’s Personal Property shall be deemed not to exceed $5,000. Nothing herein shall constitute any agreement or admission by Owner that Occupant’s Personal Property has any value, nor shall anything alter the release of Owner’s liability as set forth below. Occupant will not store or produce at the Storage Space or Property any explosive or highly flammable materials, hazardous materials, toxic materials, gasoline, propane or substances for which the storage or use thereof is regulated by or prohibited by any local, state or federal law or regulation. Occupant’s indemnity and hold harmless as set forth below specifically includes any costs, expenses, fines or penalties imposed against the Owner, arising out of the storage or use of any prohibited materials, whether or not hazardous or toxic, by Occupant, Occupant’s agents, employees, invitees or guests. Owner may enter the Storage Space at any time to remove and dispose of prohibited items at the sole cost and expense of the Occupant. Occupant shall not provide any access, or any access codes or keys to the Property or the Storage Space to any person who is not a signer on this Agreement.
10. RELEASE OF OWNER’S LIABILITY FOR DAMAGE: ALL PERSONAL PROPERTY STORED WITHIN OR UPON THE STORAGE SPACE BY OCCUPANT SHALL BE AT OCCUPANT’S SOLE RISK. OWNER, ITS AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE, WHETHER KNOWN OR SUBSEQUENTLY DISCOVERED, TO ANY PERSONAL PROPERTY IN THE STORAGE SPACE OR AT THE PROPERTY ARISING FROM ANY CAUSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THEFT, BURGLARY, VANDALISM, MYSTERIOUS DISAPPEARANCE, FIRE, WATER, WIND, EXCESSIVE HEAT OR COLD, WEATHER, MOLD, TEMPERATURE, MOISTURE, FUNGUS, VERMIN, EXPLOSIONS, ACTS OF GOD, OR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE MAY BE CAUSED OR CONTRIBUTED TO BY ANY ACT, OMISSION, OR NEGLIGENCE OF THE OWNER, ITS AGENTS OR EMPLOYEES. OWNER, ITS AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO OCCUPANT OR OTHERS FOR INJURY OR DEATH AS A RESULT OF OCCUPANT, ITS AGENTS, EMPLOYEES, GUESTS OR INVITEES’ USE OF THE STORAGE SPACE OR THE PROPERTY, REGARDLESS OF WHETHER SUCH INJURY IS CAUSED BY ANY ACT, OMISSION, OR NEGLIGENCE OF THE OWNER, ITS AGENTS OR EMPLOYEES. REGARDLESS OF THE VALUE OF THE PERSONAL PROPERTY, OCCUPANT UNDERSTANDS AND AGREES THAT THE MAXIMUM LIABILITY OF THE OWNER FOR ANY CLAIM OR SUIT BY OCCUPANT, ITS AGENTS, EMPLOYEES, GUESTS, OR INVITEES, INCLUDING BUT NOT LIMITED TO ANY SUIT ALLEGING WRONGFUL OR IMPROPER FORECLOSURE OR SALE OF THE PERSONAL PROPERTY, IS FIVE THOUSAND AND NO/100 U.S. DOLLARS ($5,000.00). NOTHING IN THIS AGREEMENT SHALL CREATE ANY LIABILITY, OR INCREASED LIABILITY, ON THE PART OF THE OWNER FOR ANY LOSS OR DAMAGE TO OCCUPANT’S PERSONAL PROPERTY, REGARDLESS OF CAUSE.
11. INSURANCE: Occupant, at Occupant’s own expense, shall maintain insurance for the full value of the Personal Property, and Occupant shall be responsible for ensuring that the insurance policy does not expire and remains active during the term of the rental agreement.Insurance by Occupant on its Personal Property is a material condition of this Agreement and is for the benefit of both Occupant and Owner. Occupant’s failure to carry the required insurance is a breach of this Agreement, and Occupant assumes all risk of loss to its Personal 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, its agents or employees, for any loss of or damage to the Personal Property. Occupant understands that if any insurance is offered at the Property, and Occupant elects to obtain such insurance, an additional payment for such insurance will be collected in addition to and with the monthly Rent payments enumerated on page one of this Agreement. Furthermore, all payments received will be applied first to Rent, then to other charges, and then to insurance. Occupant agrees that if Occupant does not provide Owner with written proof of insurance, then Owner shall have the right to enroll Occupant in the insurance program made available at the Property, with a minimum amount of coverage, for which the monthly insurance premium will be applied to Occupant’s account. Regardless of the amount of insurance coverage obtained by Occupant, obtaining such coverage shall not constitute any agreement or admission by Owner that Occupant’s Personal Property has any value, even if such insurance was bought through the Owner.
12. INDEMNITY: Occupant agrees to indemnify, hold harmless and defend Owner, its agents and employees from any and all claims, damages, demands, actions or causes of action (including attorneys’ fees, costs, and expenses) that arise from or in connection with Occupant, its agents, employees, guests or invitees’ use of the Storage Space and the Property, or anything done in the Storage Space or on the Property by Occupant, its agents, employees, guests or invitees, that results in damage or injury to any person, entity, or the Personal Property of Occupant, or to any other party, other storage space, or the Property.
13. STORAGE SPACE CONDITION: Occupant has examined the Storage Space and agrees that the Storage Space and common areas of the Property are satisfactory for all purposes, including safety, security, and size for Occupant’s use. Occupant has had an opportunity to measure the usable interior area of the Storage Space and understands that all representations by Owner of the Storage Space’s size in terms of measurements are approximate and given for illustrative purposes only. Occupant will keep the Storage Space neat, clean, and in a sanitary condition, and will return the Storage Space to the Owner in such condition. Any repairs to the Storage Space or Property required due to Occupant, its agents, employees, guests or invitees’ acts or omissions, shall be at the Occupant’s cost and expense, including any and all expenses reasonably incurred by Owner to repair or restore the Storage Space or the Property. These expenses include, but are not limited to any expense incurred in connection with any investigation of site conditions, or any clean-up, removal or restoration work required by any applicable local, state or federal law or regulation or agency regulating any hazardous or toxic substance, material or waste, which shall be paid by the Occupant and shall be due upon demand by the Owner. Electricity which may be supplied to the Storage Space or the Property is to provide light solely for Occupant’s convenience in accessing the Storage Space and the Personal Property, and may not be used for any other purpose.
14. RULES AND REGULATIONS: By executing this Agreement, Occupant understands, acknowledges, and agrees to be subject to any Rules and Regulations set by Owner, including, but not limited to those attached hereto and any posted in a conspicuous place on the Property. Such rules are made part of this Agreement. Owner reserves the right to revise or add any Rules and Regulations at any time, with or without notice to Occupant.
15. OCCUPANT ACCESS: Owner shall establish and/or change the hours of operation and access for the Property with or without notice to Occupant. Occupant’s access to the Property may be conditioned in any manner deemed reasonably necessary by Owner to maintain order. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Occupant’s identity, and inspecting Vehicles that enter the Property. Under no circumstances shall Occupant access the Property outside the posted access hours. Occupant understands that an after-hours fee may be charged for doing so, in addition to any costs incurred by Owner as a result. Occupant understands that the Storage Space and Property are not for living, working, meeting, or loitering, and that doing so will, at the Owner’s sole discretion, become cause for Owner to terminate this Agreement.
16. OWNER’S RIGHT TO ENTER & OCCUPANT INFORMATION: Owner may, but is not obligated to enter the Storage Space under any of the following circumstances, (a) Owner has either written or oral permission from Occupant to enter; (b) Owner reasonably considers there is an “emergency.” An “emergency” is herein defined as including but not limited to an imminent or potential danger, health threat or hazard to a person, persons, or property which may be due but not limited to fire, water damage, broken walls, broken doors, broken locks, faulty alarms, storage of explosives, animals, carcasses, food, chemicals, or fuel. In such cases Owner will notify Occupant by regular mail, electronic mail, or phone, directly after entry; (c) Owner reasonably believes that criminal activity has or is occurring in the Storage Space; or law or health enforcement officers require Owner to open, inspect or lock the Storage Space, (d) Owner has made written request to the Occupant by mail or email for access to the Storage Space for relocation of contents after casualty loss or for inspection, repair, or improvement, and Occupant has failed to provide access at the time and date requested which may be no sooner than seven (7) days from the sending of request; or (e) Owner is exercising the Owner’s rights under the Default and lien provisions of this Agreement. Occupant further authorizes Owner to release any information regarding Occupant as may be required by law or requested by governmental authorities or agencies, law enforcement agencies, or courts.
17. NO SUBLETTING: Occupant shall not assign or sublease the Storage Space without the written permission of the Owner. Owner may withhold permission to sublet or assign for any reason or for no reason in Owner’s sole discretion.
18. JURISDICTION AND JURY TRIAL WAIVER: Owner and Occupant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, in any action brought by either party, its agents or employees, on any matter arising out of, or in any way connected with this Agreement, Occupant’s use of the Storage Space or the Property, 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 Occupant on behalf of any of its agents, employees, guests and/or invitees. Occupant further agrees that in view of the limitations of value of its Personal Property as enumerated above, the value of any claim hereunder is limited to $5000, and therefore, any action by Occupant for adjudication of a claim shall be heard in a court of limited jurisdiction such as a small claims court.
19. NOTICES AND SIGNATURES: Any and all notices required by this Agreement or state law, will be sent either by first class mail, verified mail, or electronic mail to Occupant’s last known address, unless otherwise required by law. OCCUPANT HEREBY EXPRESSLY AGREES TO PROVIDE ITS EMAIL ADDRESS TO THE OWNER AND AGREES TO RECEIVE ANY NOTICES BY ELECTRONIC MAIL, AND HAS BEEN PROVIDED THE ELECTRONIC MAIL ADDRESS OF THE OWNER. Owner hereby directs Occupant to modify his or her email settings to allow electronic mail from the Owner and to avoid any filtration systems. For all notices, communication, or writings, service is complete upon delivery if personally delivered, on the date mailed if mailed, or on the date and time sent by Owner if sent electronically. Any communication sent by Owner may be sent electronically, and Occupant agrees to electronic signatures. All electronic communications have the same legal effect as if made in non-electronic form.
20. NO WARRANTIES: No expressed or implied warranties are given by Owner, its agents or employees as to the suitability of the Storage Space for Occupant’s intended use. Owner disclaims and Occupant waives any express or implied warranties of suitability or fitness for a particular use. Owner does not represent or guarantee the safety or security of the Storage Space or the Property or of any Personal Property stored therein, and this Agreement does not create any contractual obligation for Owner to increase or maintain such safety or security.
21. NO ORAL AGREEMENTS: This Agreement contains the entire agreement between Owner and Occupant, and no oral agreements shall be of any effect whatsoever. Occupant acknowledges that no representations or warranties have been made with respect to the nature, condition, safety, security or suitability of the Storage Space for the storage of Occupant’s Personal Property, and that Occupant has made his own determination of such matters solely from inspection of the Storage Space and the Property. Occupant agrees that he is not relying, and will not rely, upon any oral representation made by Owner, its agents or employees purporting to modify, add to, or omit from this Agreement.
22. SUCCESSION: All provisions of this Agreement shall apply to and be binding upon all successors in interest, heirs, assigns or representatives of the parties hereto. Owner may at any time, without Occupant’s consent, assign this Agreement or any part of it, resulting in Owner no longer being responsible, or liable, under the terms of this Agreement, and all the covenants, conditions, and obligations of Owner shall be binding on its assignee and its assignee will be entitled to enforce all of the provisions of this Agreement.
23. ENFORCEMENT: If any part of this 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 Agreement will be valid and enforceable. In addition, if a clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of this Agreement will continue in effect.
CROSS-COLLATERALIZATION OF STORAGE SPACES: When Occupant rents more than one Storage Space at this Property, the Rent is secured by the lien described herein on the Personal Property in all the Storage Spaces rented. A Default by Occupant with regard to any Storage Space shall be considered a Default on all Storage Spaces rented, and Owner may exercise all remedies, including denial of access to the Property and all such Storage Spaces pursuant to the provisions of this Agreement.
DISCLOSE LIENHOLDERS: PURSUANT TO NEW MEXICO STATUTES 48-11.1-9, OCCUPANT SHALL DISCLOSE BELOW ANY AND ALL LIENHOLDERS WITH AN INTEREST IN ANY OF THE PERSONAL PROPERTY THAT IS OR WILL BE STORED IN SAID OCCUPANT’S STORAGE SPACE.
NO ALTERATIONS: Occupant shall not paint, put holes in, deface or otherwise make any alterations to the interior or exterior of the Storage Space or any other portion of the Property without the written permission of the Owner.
CHANGE OF ADDRESS: A change of address is not binding upon Owner unless Occupant provides address change to Owner in writing. Such change will become effective when physically received by Owner. It is Occupant’s responsibility to verify that Owner has received and recorded the requested change of address.
VIDEO SURVEILLANCE: Occupant understands that Owner may, but is not obligated to record video surveillance anywhere on the Property, and may, at the sole determination of Owner, release any such video to local, state, or federal law enforcement agencies.
SECURITY DEPOSIT: Owner reserves the right to require a security deposit of up to one month’s Rent, even if not collected up front, to secure Occupant’s faithful performance of all terms of this Agreement. Occupant agrees that Owner 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. If a deposit is collected, this deposit less all expenses incurred by Owner for damage to or cleaning of the Storage Space or Property shall be returned to Occupant after Occupant removes all Personal Property from the Storage Space and Property. At Owner’s sole discretion, amounts may be withheld from the security deposit to compensate Owner for any Rent or any other charges due and unpaid under this Agreement at the time Occupant relinquishes, abandons or otherwise loses possession of the Storage Space. Owner reserves the right to require an additional security deposit when deemed necessary at Owner’s sole discretion.
LOCKS: Occupant shall provide, at Occupant’s own expense, a lock that Occupant deems sufficient to secure the Storage Space. If the Storage Space is found unlocked, Owner may, but is not obligated to, take whatever measures Owner deems reasonable to re-secure the Storage Space, with or without notice to Occupant, at Occupant’s own expense.
ADA COMPLIANCE: Occupant has had an opportunity to inspect the Property and recognizes that the Property, the structures located thereon and/or the path of ingress to and egress from the Property may not comply with all requirements of the Americans with Disabilities Act (the “”ADA””). Occupant hereby waives all claims against the Owner for the failure of the Property or any structure thereon to comply with the ADA.
MEDIATION: Any dispute by Occupant regarding this Agreement or Occupant’s use of the Storage Space or Property shall be subject to mediation as a condition precedent to arbitration or the institution by Occupant of any equitable or legal proceedings. The Occupant will endeavor in good faith to resolve any of Occupant’s claims, disputes and/or actions by mediation with Owner. A request for mediation (a “Mediation Request”) must be sent by Occupant to the Owner, and, in such event, mediation will proceed before any arbitration or legal or equitable proceedings, which shall not be started (or, if already started, will be stayed) for a period of sixty (60) days from the date of such Mediation Request, or for a longer period by agreement of the parties or court order. The parties shall share any mutually-agreed mediator’s fees equally. The mediation shall be held in the jurisdiction in which the Property is located unless another location is mutually agreed upon. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof.
RELEASE OF INFORMATION; NEGATIVE CREDIT INFORMATION. By executing this Agreement, Occupant grants Owner, or Owner’s service provider acting on Owner’s behalf, full authorization for obtaining information regarding Occupant’s employment, savings, and checking accounts and/or any previous or present credit, including real estate loans, whether on a closed or open status. Owner or its service provider is also authorized to request from a company or companies of Owner’s choice a full credit report on the previous and present credit history of Occupant including updated credit information. This Authorization is valid for the purpose of extending credit, reviewing credit or in the collection of amounts owed to Owner in connection with this Agreement. Owner, or its service provider acting on Owner’s behalf, may report information about Occupant’s account to credit bureaus. Late payments, missed payments, or other defaults on Occupant’s account may be reflected in Occupant’s credit report.
25. VEHICLE PROVISIONS:
VEHICLE: It is understood and agreed that the references to “Personal Property” in this Agreement shall include all Vehicles. A “Vehicle” means, without limitation, any car, boat, motorcycle, truck, recreational vehicle, trailer, 5th Wheel, Camper, ATV, scooter, motorized cart, or any other kind of motorized vehicle, as well as their contents. Prior to storage of any Vehicle, a copy of the registration must be provided to Owner. Copies will be maintained in Owner’s files. All Vehicles must be in operating condition, insured, and currently registered to Occupant. All provisions of this Agreement regarding the Storage Space also apply to the Parking Space.
USE OF SPACE: It is understood and agreed that any Vehicle must be stored or parked in the designated outdoor Parking Space and no Vehicle shall be parked in an enclosed Storage Space. Occupant shall park only one Vehicle per this Agreement. Occupant shall only park the Vehicle in the Parking Space designated in this Agreement. The Vehicle must be owned by Occupant, insured, and in operating condition.
RELOCATION: In an effort to make any needed repairs or improvements to the Property or Storage Space, Owner may make written requests to Occupant by letter or by electronic mail, for Occupant to remove or move Occupant’s Vehicle either off the Property, or to another location on the Property. If Occupant fails to move Vehicle by the date requested, which shall be no sooner than seven calendar days from the time such request is mailed, Owner may have the Vehicle moved at Occupant’s expense and a fee for such service will be charged. Owner shall use reasonable caution in moving the Vehicle and shall endeavor to return such Vehicle at the completion of the maintenance, repairs, improvement or emergency. The Vehicle may be moved without notice to Occupant in cases of emergency, which is herein defined as instances where the health, safety, security or well-being of any of the following are at risk: (a) any individual including, but not limited to other occupants of the Property, (b) personal property stored adjacent to the Parking Space by any other occupant, the Owner, or any other person, (c) any other real property, land or buildings belonging to the Owner or a third-party owner if such other property is adjacent to the Property or Parking Space.
SECURITY: Occupant is required to lock and secure Vehicle and to keep it locked and secured for the duration of this Agreement. This includes locking and securing trailers that hold other Vehicles, such as boats, or ATV’s.
DESIGNATED PARKING SPACE: Occupant understands and agrees that Vehicle must be stored only in the assigned Parking Space and it must not block others vehicles or protrude beyond the Parking Space as defined in this Agreement and by the physical markings of the Parking Space. No items that are either in, attached to, or on the Vehicle may protrude beyond the designated Parking Space. In the case where Occupant’s Vehicle is found blocking any other person’s Vehicle or the free passage of another person’s Vehicle, or beyond the designated Parking Space, Occupant understands that Owner has the additional rights to do any or all of the following as a remedy: (a) move the Vehicle without notice to Occupant and at the expense of Occupant, (b) consider the Occupant as being in default as defined in this Agreement, and respond accordingly, or (c) charge a daily fee plus any expenses incurred as a result of Occupant’s actions until Occupant moves the Vehicle.
SPACE UNUSABLE: If at any time, the Occupant finds its Parking Space to be occupied by another person’s Vehicle, Occupant agrees to immediately inform Owner. Occupant agrees to allow Owner to make other parking arrangements for Owner until such situation is remedied. This will not constitute a default by Owner.
NO OTHER CAR: Occupant agrees that only the Vehicle described in this Addendum may be stored in the Parking Space. Any other Vehicle that is stored in Occupant’s Parking Space that does not match the description provided herein may be towed, booted, or otherwise restrained. If an undesignated Vehicle belongs to the Occupant, or if Occupant has allowed any other undesignated Vehicle to be located anywhere on the Property for any purpose other than as allowed by this Agreement, the removal of such will be at Occupant’s expense.
LIQUIDS, FOODS, DANGEROUS OR ILLEGAL ITEMS: Occupant agrees that no storage of gas, oil, grease, or other liquids, other than those that are within the operating engine in the Vehicle, shall be stored in, on, or around the Vehicle. Occupant further agrees that no food, no flammable materials, no guns, weapons, or ammunition, and no illegal materials, including drugs or drug paraphernalia may be stored in the Vehicle.
WORKING ON CARS AND SPILLS: Occupant understands and agrees that fixing, repairing, or otherwise working on a Vehicle is not allowed anywhere at the Property, including, but not limited to the Parking Space. Occupant also agrees that if the Vehicle drips or leaks any fluids which stains the surface of the asphalt, cement, chip seal or other surface material, Occupant will be charged a fee plus any costs incurred for clean-up. In no circumstances, is Occupant permitted to apply chemicals to the surface in an effort to clean such stain or spill.
LOITERING, SLEEPING OR LIVING IN VEHICLE: Occupant agrees that there is absolutely no meeting, loitering, sleeping or living in, on, or around the stored Vehicle, regardless of its size or accommodations. This includes RV’s or other Vehicles otherwise designed for habituation. Occupant understands that this will result in a termination as defined in this Agreement, as well as the payment of any related fees and charges.
WAIVER OF LIABILITY FOR DAMAGE TO VEHICLE: Occupant’s Vehicle is parked at Occupant’s sole risk. Per section 10 above, the Owner, Owner’s agents and employees shall not be liable to Occupant for loss of or damage to the Occupant’s Vehicle or any Personal Property in the Vehicle arising from any cause whatsoever.
TOWING: If an Occupant is in Default for failure to pay Rent or other charges for sixty (60) days after the first due date for such unpaid Rent or other charges, the Owner may have the Vehicle towed or removed from the Property in lieu of a sale by an independent towing carrier that is holding current and valid operating authority from the New Mexico public regulation commission. The Owner is not liable for any damage to the Vehicle or any other Personal Property in the Vehicle once the Vehicle is in the possession of the independent towing carrier.
ENFORCING A LIEN AGAINST A VEHICLE: THE OWNER’S LIEN GRANTED BY OCCUPANT TO OWNER IN SECTION 3 OF THIS AGREEMENT APPLIES TO ALL VEHICLES. OWNER HEREBY GIVES NOTICE THAT ALTERNATE PROVISIONS FOR NOTICE AND OTHER PROVISIONS UNDER NEW MEXICO STATUTES 48-11.1-9 ET SEQ.APPLY FOR THE GRANT OF THE OWNER’S LIEN ON A VEHICLE.
ELECTRONIC VERSION OF AGREEMENT DEEMED ORIGINAL: Any executed copy of this Agreement in an electronic version of this document shall be deemed the same as the original document.
Do not sign this Agreement until you have read it completely, and fully understand it. This Agreement limits the Owner’s liability for loss of or damage to you and your Personal Property. If you have any questions concerning its legal effect, consult your legal advisor.
By signing below, Occupant acknowledges that he/she has read, understands, and agrees to ALL terms of this Agreement.
DATE: 12/31/1969 17:00:00
DATE: 12/31/1969 17:00:00
RULES & REGULATIONS
Your code stops working at 9PM even if you entered before that. DON’T GET LOCKED IN AFTER 9PM!
THESE RULES & REGULATIONS ARE PART OF YOUR RENTAL AGREEMENT. BREAKING ANY OF THE RULES BELOW, OR ANY PROVISIONS OF THE RENTAL AGREEMENT, MAY RESULT IN THE TERMINATION OF YOUR RENTAL AGREEMENT.
1) Rent is due on the anniversary date of your Rental Agreement every month. Your gate code will be disabled if your payment is past due until your account is brought current. Be aware of all fees associated with delinquent payments as listed in your Rental Agreement.
2) For security, use your access code each time you enter and exit the facility, even if your unit is outside the security gate. Do not follow another car in or out through the gate, and be sure the gate closes behind you every time you enter or exit the facility.
3) Do not leave unwanted items in or around premises. Dumpster is NOT for tenant use. Remember the facility is under 24-hour recorded surveillance. We will enforce our Non-removal of items fee, which is $250.
4) Report in writing any change of address, phone numbers, email address, etc, to keep our records current.
5) When planning to move out, you must give the manager 7 days prior notice. No rent refunds will be given on partial months or discounted rents. You also may be charged a penalty fee of 7 days rent if no notice has been given. When moving out, you must remove your lock. Remove all boxes, items, and all trash, leaving storage unit completely empty, swept, and clean upon moving out.
6) Cutting your lock is prohibited. If you lose your key, a manager is required to cut your lock in your presence, and you will be required to provide a new lock at that time. You will be charged a lock-cutting fee. Only one tenant lock is allowed on each unit. If you install a second lock, we will remove it at your expense.
7) Observe the 5-miles-per-hour speed limit while driving in the facility. Park cars and trucks so as not to block driveways or other storage units. No vehicles may be stored in drive aisles or any other area that is not marked and rented for that purpose.
8) Turn off all lights when you leave. Electricity is provided to light the premises with existing fixtures only. Water faucets are not for Occupant’s use. Tapping into water or electricity for any use is strictly prohibited and will result in fees to the tenant and termination of the Rental Agreement.
9) No open flames of any type (camping equipment, torches, kerosene lamps, candles, etc) are allowed on site. No sanding or painting. Absolutely no gasoline, explosives or other hazardous materials in unit. No working on vehicles anywhere on the premises.
10) Do not hang items from the fire sprinkler water lines that pass through or above your unit. This can cause a leak and you will be responsible for the cost of any damage and repair. Do not penetrate walls, ceilings, door or floor with nails, screws, bolts, etc. Do not attach shelves to walls or modify the interior of your unit in any way.
11) All goods are stored at your own risk. Always lock your unit. Obtain your own insurance coverage to protect your property.
12) No living, sleeping, working, or loitering in a unit. At no time can the door be closed to the unit while anyone is inside. Any of these actions will result in fees and termination of the Rental Agreement. We reserve the right to inspect all goods on entry to units.
13) Propping open any exterior or interior doors is prohibited. Where applicable, holding the elevator open can damage the elevator and you will be responsible for the cost of repairs.
14) No pets on the premises. Any and all pets must remain in your vehicle at all times.
15) There is absolutely no smoking or vaping at any time or anywhere on the premises. Any alcohol consumption, drug use, or any other illegal activity on the premises will result in immediate termination of your Rental Agreement.
16) There are no public restrooms available.
All the provisions of the Rental Agreement, of which these Rules and Regulations are a part, apply to your occupancy and use of your storage unit and your access to IN Self Storage.
NAME: UNIT #:
DATE: 12/31/1969 17:00:00